ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 90 contracts
Sources: Loan and Security Agreement (Voxware Inc), Loan and Security Agreement (Applied Imaging Corp), Loan Agreement (Aml Communications Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 55 contracts
Sources: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Synaptics Inc), Loan and Security Agreement (Sirf Technology Holdings Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 36 contracts
Sources: Loan and Security Agreement (GlobalOptions Group, Inc.), Loan and Security Agreement (Smarterkids Com Inc), Loan and Security Agreement (LTX Corp)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. GAAP Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 33 contracts
Sources: Loan and Security Agreement (Harmonic Lightwaves Inc), Loan and Security Agreement (Esperion Therapeutics Inc/Mi), Loan and Security Agreement (Optika Imaging Systems Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meanings provided by the Code, to the extent such terms are defined therein.
Appears in 22 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Cyoptics Inc), Loan and Security Agreement (Cyoptics Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document.
Appears in 12 contracts
Sources: Loan and Security Agreement (Immunicon Corp), Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Endocardial Solutions Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document. Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meanings provided by the Code, to the extent such terms are defined therein.
Appears in 12 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Audience Inc), Loan and Security Agreement (Exa Corp)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings as set forth in Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meanings provided by the Code, to the extent such terms are defined therein.
Appears in 11 contracts
Sources: Loan and Security Agreement (Cadence Pharmaceuticals Inc), Loan and Security Agreement (Cadence Pharmaceuticals Inc), Loan and Security Agreement (Equinix Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 6 contracts
Sources: Loan and Security Agreement (Axs One Inc), Loan and Security Agreement (Telular Corp), Loan and Security Agreement (Technest Holdings Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 6 contracts
Sources: Loan and Security Agreement (A123 Systems Inc), Loan and Security Agreement (Skillsoft Public Limited Co), Loan and Security Agreement (Skillsoft Public Limited Co)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined determined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 3 contracts
Sources: Loan and Security Agreement (I Flow Corp /De/), Loan Agreement (Ats Medical Inc), Loan and Security Agreement (Applied Molecular Evolution Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Exim Agreement will be construed following GAAP. GAAP Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 3 contracts
Sources: Loan and Security Agreement (Matrixone Inc), Loan and Security Agreement (Packeteer Inc), Export Import Bank Loan and Security Agreement (Invision Technologies Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following in accordance with GAAP. Calculations and determinations must be made following in accordance with GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 2 contracts
Sources: Loan and Security Agreement (Critical Path Inc), Loan and Security Agreement (Exelixis Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined determined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 2 contracts
Sources: Loan and Security Agreement (Occam Networks Inc/De), Loan and Security Agreement (Skinmedica Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" statements includes the notes and schedules. The terms "including" including and "includes always mean including (or includes) without limitation in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Section 13. This Agreement shall be construed to impart upon Bank a duty to act reasonably at all times.
Appears in 2 contracts
Sources: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation” in this or any Loan Document.
Appears in 2 contracts
Sources: Loan and Security Agreement (Sigmatel Inc), Loan and Security Agreement (Exe Technologies Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. , Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 2 contracts
Sources: Loan Modification Agreement (Phase Forward Inc), Loan Modification Agreement (Phase Forward Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined determined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document.
Appears in 2 contracts
Sources: Loan and Security Agreement (Kintera Inc), Loan and Security Agreement (Dpac Technologies Corp)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the any attached notes and schedules. The terms "including" and "
Appears in 1 contract
Sources: Loan and Security Agreement (Alnylam Pharmaceuticals Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedulesschedules provided with the annual financial statements delivered pursuant to Section 6.2 and any other notes and schedules that are part of Borrower's financial statements. The terms "including" and "
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined determined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules, if any. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document.
Appears in 1 contract
Sources: Loan and Security Agreement (Vascular Solutions Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not otherwise defined in this Agreement will be construed following in accordance with GAAP. Calculations and determinations must be made following in accordance with GAAP. The term "financial statements" includes the notes and schedulesschedules thereto. The terms "including" and "
Appears in 1 contract
Sources: Secured Loan Agreement (Neurocrine Biosciences Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following in accordance with GAAP. Calculations and determinations must be made following in accordance with GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Exim Agreement will be construed following GAAP. Calculations GAAP calculations and determinations must be made following GAAP. The term "financial statements" includes includes, to the extent prepared, the notes and schedules. The terms "including" and "
Appears in 1 contract
Sources: Loan and Security Agreement (Daleen Technologies Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAPGAAP in effect on the Effective Date. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedulesschedules attached thereto. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following in accordance with GAAP. The term "“financial statements" ” includes the notes and schedulesschedules thereto. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 1 contract
Sources: Loan and Security Agreement (North American Scientific Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined used in this Agreement and not specifically defined herein will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP, consistently applied. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The Except where otherwise indicated herein, the term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term Term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed constructed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "includes" always mean "including (or includes) without limitation" in this or any Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any other Loan Document.
Appears in 1 contract
Sources: Loan and Security Agreement (Thomas Weisel Partners Group, Inc.)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "includes" always mean "including (or includes) but not limited to," in this or any Loan Document.
Appears in 1 contract
Sources: Loan and Security Agreement (Isis Pharmaceuticals Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. This Agreement shall be construed to impart upon Bank a duty to act reasonably at all times. 2
Appears in 1 contract