Generally Accepted Accounting Principles. Where any accounting determination or calculation is required to be made under this Agreement or the exhibits hereto, such determination or calculation (unless otherwise provided) shall be made in accordance with GAAP, except that if because of a change in GAAP the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's previous accounting methods and policies.
Appears in 3 contracts
Samples: Purchase Agreement (Appnet Systems Inc), Preferred Stock Purchase Agreement (Gevity Hr), Preferred Stock Purchase Agreement (Jda Software Group Inc)
Generally Accepted Accounting Principles. Where When any accounting determination or calculation is required to be made under this Agreement or the exhibits hereto, such determination or calculation (unless otherwise provided) shall be made in accordance with GAAP, consistently applied, except that if because of a change in GAAP the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's ’s previous accounting methods and policies, unless otherwise directed by the holders of at least 50% of the outstanding Preferred Stock.
Appears in 2 contracts
Samples: Securities Purchase Agreement (JetPay Corp), Securities Purchase Agreement (JetPay Corp)
Generally Accepted Accounting Principles. Where any accounting determination or calculation is required to be made under this Agreement or the exhibits hereto, such determination or calculation (unless otherwise provided) shall be made in accordance with GAAP, consistently applied, except that if because of a change in GAAP the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's previous accounting methods and policies.
Appears in 2 contracts
Samples: Purchase Agreement (Synagro Technologies Inc), Purchase Agreement (Synagro Technologies Inc)
Generally Accepted Accounting Principles. Where any accounting ---------------------------------------- determination or calculation is required to be made under this Agreement or the exhibits hereto, such determination or calculation (unless otherwise provided) shall be made in accordance with GAAP, consistently applied, except that if because of a change in GAAP the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's previous accounting methods and policies.
Appears in 2 contracts
Samples: Purchase Agreement (GTCR Golder Rauner LLC), Purchase Agreement (GTCR Golder Rauner LLC)
Generally Accepted Accounting Principles. Where any accounting determination or calculation is required to be made under this Agreement or the exhibits heretoAgreement, such determination or calculation (unless otherwise provided) shall be made in accordance with GAAP, consistently applied, except that if because of a change in GAAP generally accepted accounting principles the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's ’s previous accounting methods and policies, unless otherwise directed by the Company’s audit committee or its independent auditors.
Appears in 2 contracts
Samples: Investor Rights Agreement (ECPM Holdings, LLC), Investor Rights Agreement (ECPM Holdings, LLC)
Generally Accepted Accounting Principles. Where any accounting determination or calculation is required to be made under this Agreement or the exhibits hereto, such determination or calculation (unless otherwise provided) shall be made in accordance with GAAP, except that if because of a change in GAAP the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's ’s previous accounting methods and policies.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Thoma Cressey Equity Partners Inc), Stock Purchase Agreement (Affordable Residential Communities Inc)
Generally Accepted Accounting Principles. Where any accounting determination or calculation is required to be made under this Agreement or the exhibits heretoAgreement, such determination or calculation (unless otherwise provided) shall be made in accordance with GAAP, consistently applied, except that if because of a change in GAAP generally accepted accounting principles the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's ’s previous accounting methods and policies, unless otherwise directed by the holders of a majority of the Preferred Stock.
Appears in 2 contracts
Samples: Investor Rights Agreement (Health Catalyst, Inc.), Investor Rights Agreement (Health Catalyst, Inc.)
Generally Accepted Accounting Principles. Where any accounting determination or calculation is required to be made under this Agreement or the exhibits heretoAgreement, such determination or calculation (unless otherwise provided) shall will be made in accordance with GAAPGAAP and, except that if because to the extent consistent therewith, the accounting policies employed by the Seller and/or the Companies in the preparation of a change in GAAP the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's previous accounting methods and policiesLatest Balance Sheets.
Appears in 1 contract
Generally Accepted Accounting Principles. Where any accounting determination or calculation is required to be made under this Agreement or the exhibits heretoAgreement, such determination or calculation (unless otherwise provided) shall will be made in accordance with GAAP, except that if because of a change in GAAP the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance and with the Company's previous accounting methods and policies’s past practices consistently applied.
Appears in 1 contract
Samples: Asset Purchase Agreement
Generally Accepted Accounting Principles. Where any accounting determination or calculation is required to be made under this Agreement or the exhibits hereto, such determination or calculation (unless otherwise provided) shall be made in accordance with GAAP, consistently applied, except that if because of a change in GAAP the Company would have to alter a previously utilized accounting method or policy in order to remain in In compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's ’s previous accounting methods and policies.. All numbers set forth herein which refer to share prices or numbers or amount will be
Appears in 1 contract
Samples: Asset Acquisition Agreement (Rackable Systems, Inc.)
Generally Accepted Accounting Principles. Where any accounting determination or calculation is required to be made under this Agreement or the exhibits hereto, such determination or calculation (unless otherwise provided) shall be made in accordance with GAAP, consistently applied, except that if because of a change in GAAP the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's ’s previous accounting methods and policies.
Appears in 1 contract
Generally Accepted Accounting Principles. Where any accounting determination or calculation is required to be made under this Agreement or the exhibits hereto, such determination or calculation (unless otherwise provided) shall be made in accordance with GAAP, except that if because of a change GAAP as in GAAP effect at the Company would have to alter a previously utilized accounting method or policy in order to remain in compliance with GAAP, such determination or calculation shall continue to be made in accordance with the Company's previous accounting methods and policiesClosing.
Appears in 1 contract
Samples: Recapitalization Agreement (Living Centers of America Inc)