Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall be done, unless otherwise specified herein, in accordance with GAAP.
Appears in 45 contracts
Sources: Revolving Credit Agreement (Digirad Corp), Revolving Credit Agreement (Dragonwave Inc), Revolving Credit Agreement (Dragonwave Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except as otherwise expressly provided in this Agreement.
Appears in 31 contracts
Sources: Loan and Security Agreement (Soluna Holdings, Inc), Credit Agreement (Adcare Health Systems, Inc), Credit Agreement (Green Plains Renewable Energy, Inc.)
Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAPGAAP at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 29 contracts
Sources: Series a Preferred Stock Purchase Agreement, Investment Agreement (Milestone Scientific Inc.), Investment Agreement (Sophiris Bio Inc.)
Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAPU.S. generally accepted accounting principles at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 28 contracts
Sources: Stockholders Agreement (Outset Medical, Inc.), Stockholders Agreement, Stockholders Agreement (Silk Road Medical Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall be done, unless otherwise specified herein, done in accordance with GAAP.
Appears in 18 contracts
Sources: Credit Agreement (Brooklyn Cheesecake & Desert Com), Credit Agreement (Brooklyn Cheesecake & Desert Com), Credit Agreement (Greektown Superholdings, Inc.)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall be done, unless otherwise specified herein, in accordance with GAAP. Furthermore, all financial statements required to be delivered hereunder, subject to year-end audit adjustments thereto and the omission of footnote disclosure in the case of unaudited statements, shall be prepared in accordance with GAAP.
Appears in 16 contracts
Sources: Revolving Credit Agreement (Quanex Corp), Credit Agreement (Noble International, Ltd.), Credit Agreement (Noble International, Ltd.)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP, consistently applied, to the extent applicable, except as otherwise expressly provided in this Agreement.
Appears in 14 contracts
Sources: Loan Agreement (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services, Inc.), Loan and Security Agreement (Newtek Business Services, Inc.)
Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense or amount of equity is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this AgreementAgreement or any other Document, it shall be donesuch determination or calculation shall, unless to the extent applicable and except as otherwise specified hereinherein or as otherwise agreed in writing by the parties hereto, be made in accordance with GAAPGAAP applied on a consistent basis.
Appears in 11 contracts
Sources: Credit Agreement, Credit Agreement, Credit Agreement
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 9 contracts
Sources: Loan Agreement (CSS Industries Inc), Loan and Security Agreement (Staff Builders Inc /De/), Revolving Credit Loan and Security Agreement (Staff Builders Inc /De/)
Accounting Principles. Where the character or amount of any asset or liability or item of income income, revenue, costs, expenses or expense similar monetary calculation is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall this will be done, unless otherwise specified herein, done in accordance with GAAPappropriate accounting principles, which shall be consistently applied.
Appears in 7 contracts
Sources: Cash Provisioning Agreement (Global Axcess Corp), Cash Provisioning Agreement (TRM Corp), Cash Provisioning Agreement (TRM Corp)
Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made made, for the purposes purpose of this Agreementthe Credit Documents, it shall be donesuch determination or calculation will, unless to the extent applicable and except as otherwise specified hereinherein or as otherwise agreed in writing by the parties, be made in accordance with US GAAP.
Appears in 7 contracts
Sources: Standby Prepayment Facility Agreement (Bunker Hill Mining Corp.), Loan Agreement (Bunker Hill Mining Corp.), Loan Agreement (Bunker Hill Mining Corp.)
Accounting Principles. Where the The character or amount of any asset asset, liability, capital account or liability or reserve and of any item of income or expense is required to be determined or pursuant to this Note, and any consolidation or other accounting computation is required to be made for pursuant to this Note, and the purposes construction of any definition in this AgreementNote containing a financial term, it shall be donedetermined or made, unless otherwise specified hereinas the case may be, in accordance with GAAP, to the extent applicable, unless such principles are inconsistent with the express requirements of this Note.
Appears in 6 contracts
Sources: 15% Secured Note (Appaloosa Management Lp), Secured Note (Bio Plexus Inc), 15% Secured Note (Bio Plexus Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAPgenerally accepted accounting principles in effect on the date that this Agreement was executed, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 6 contracts
Sources: Note Purchase Agreement (System Energy Resources Inc), Note Purchase Agreement (System Energy Resources Inc), Note Purchase Agreement (System Energy Resources Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAPgenerally accepted accounting principles then in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 6 contracts
Sources: Bond Purchase Agreement (Unitil Corp), Note Agreement (Unitil Corp), Note Agreement (Unitil Corp)
Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this AgreementAgreement or any Loan Document, it shall be donesuch determination or calculation will, unless to the extent applicable and except as otherwise specified hereinherein or as otherwise agreed in writing by the parties, be made in accordance with GAAP.
Appears in 5 contracts
Sources: Loan Agreement (Telesat Corp), Loan Agreement (Telesat Corp), Loan Agreement
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAPthe generally accepted accounting principles in effect from time to time, to the extent applicable, except where such principles are inconsistent with the express requirements of this Agreement including without limitation the definitions set out in Section 9.
Appears in 5 contracts
Sources: Registration Rights Agreement (Prosoft I Net Solutions Inc), Registration Rights Agreement (National Auto Finance Co Inc), Registration Rights Agreement (National Auto Finance Co Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAPgenerally accepted accounting principles, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 5 contracts
Sources: Note Agreement (Quad/Graphics, Inc.), Note Agreement (New England Electric System), Note Agreement (Standard Motor Products Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 4 contracts
Sources: Loan Agreement (Harte Hanks Inc), Loan Agreement (American Locker Group Inc), Loan Agreement (Temtex Industries Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified hereinotherwise, in accordance GAAP, except where such principles are inconsistent with GAAPthe requirements of this Agreement.
Appears in 4 contracts
Sources: Loan Agreement (LSB Industries Inc), Note Purchase Agreement (Deckers Outdoor Corp), Note Purchase Agreement (Valuestar Corp)
Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this AgreementAgreement or any Credit Document, it shall be donesuch determination or calculation will, unless to the extent applicable and except as otherwise specified hereinherein or as otherwise agreed in writing by the parties, be made in accordance with GAAP.
Appears in 4 contracts
Sources: Credit Agreement (Just Energy Group Inc.), Credit Agreement (Just Energy Group Inc.), Credit Agreement (Just Energy Group Inc.)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined determined, or any consolidation consolidation, combination or other accounting computation is required to be made made, for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 4 contracts
Sources: Credit and Security Agreement (Option Care Inc/De), Credit Agreement (Computer Task Group Inc), Credit Agreement (Computer Task Group Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where statutory accounting principles are applicable or where GAAP is inconsistent with the requirements of this Agreement, in which event the latter shall be controlling.
Appears in 4 contracts
Sources: Note Agreement (Standard Management Corp), Note Agreement (Standard Management Corp), Note Agreement (Standard Management Corp)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of under this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP.
Appears in 3 contracts
Sources: Note Agreement (Barnes Group Inc), Note Agreement (Barnes Group Inc), Note Purchase Agreement (Barnes Group Inc)
Accounting Principles. Where the character or amount of any asset or liability or an item of income or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made made, for the purposes purpose of this Agreement, it such determination or calculation shall be donemade, unless to the extent applicable and except as otherwise specified hereinin this Agreement, in accordance with GAAP.
Appears in 3 contracts
Sources: Loan Agreement (Ipvoice Communications Inc), Loan Agreement (Sales Online Direct Inc), Loan Agreement (Sales Online Direct Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAPgenerally accepted accounting principles applied on a basis consistent with those reflected by the Financial Statements, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 3 contracts
Sources: Share Exchange Agreement (Capital Bancorp Inc), Loan Agreement (Woodhaven Homes Inc), Loan Agreement (Newmark Homes Corp)
Accounting Principles. Where the The character or amount of any asset asset, liability, capital account or liability or reserve and of any item of income or expense is required to be determined or pursuant to this Agreement, and any consolidation or other accounting computation is required to be made for the purposes of pursuant to this Agreement, it and the construction of any definition in this Agreement containing a financial term shall be donedetermined or made, unless otherwise specified hereinas the case may be, in accordance with GAAP, to the extent applicable, unless such principles are inconsistent with the express requirements of this Agreement.
Appears in 3 contracts
Sources: Convertible Note Purchase Agreement (Appaloosa Management Lp), Convertible Note Purchase Agreement (Bio Plexus Inc), Convertible Note Purchase Agreement (Shamrock Holdings of California Inc)
Accounting Principles. Where the character or amount of any --------------------- asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement. Each accounting term not defined herein and each accounting term partly defined herein to the extent not defined shall have the meaning given to it under generally accepted accounting principles.
Appears in 3 contracts
Sources: National Marketing and Distribution Agreement (Retractable Technologies Inc), National Marketing and Distribution Agreement (Retractable Technologies Inc), National Marketing and Distribution Agreement (Retractable Technologies Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made made, for the purposes of this AgreementAgreement and any other Transaction Document, it shall including the contents of any certificate to be donedelivered hereunder, such determination, consolidation or computation shall, unless the Parties otherwise specified hereinagree or the context otherwise requires, be made in accordance with GAAPGAAP applied on a consistent basis.
Appears in 3 contracts
Sources: Gold Purchase Agreement (Klondex Mines LTD), Gold Purchase Agreement (Klondex Mines LTD), Gold Purchase Agreement (Klondex Mines LTD)
Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made made, for the purposes of this Agreement, it shall including the contents of any certificate to be donedelivered hereunder, such determination, consolidation or computation shall, unless the Parties otherwise specified hereinagree or the context otherwise requires, be made in accordance with GAAPIFRS.
Appears in 3 contracts
Sources: Sale and Purchase Agreement (Sedibelo Resources LTD), Sale and Purchase Agreement (Sedibelo Resources LTD), Sale and Purchase Agreement (Sedibelo Resources LTD)
Accounting Principles. Where the The character or amount of any asset asset, liability, capital account or liability or reserve and of any item of income or expense is required to be determined or pursuant to this Agreement, and any consolidation or other accounting computation is required to be made for the purposes of pursuant to this Agreement, it and the construction of any definition in this Agreement containing a financial term, shall be donedetermined or made, unless otherwise specified hereinas the case may be, in accordance with GAAP, to the extent applicable, unless such principles are inconsistent with the express requirements of this Agreement.
Appears in 2 contracts
Sources: Convertible Note Purchase Agreement (Bio Plexus Inc), Convertible Note Purchase Agreement (Appaloosa Management Lp)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it such determination, consolidation or computation shall be done, unless otherwise specified herein, made in accordance with GAAPGAAP consistently applied, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 2 contracts
Sources: Loan Agreement (TMBR Sharp Drilling Inc), Loan Agreement (TMBR Sharp Drilling Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the specific provisions of this Agreement.
Appears in 2 contracts
Sources: Note Agreement (Johnson Worldwide Associates Inc), Note Agreement (Johnson Worldwide Associates Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAPGAAP in force at the time of determination, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 2 contracts
Sources: Note Agreement (Oneida LTD), Note Agreement (Oneida LTD)
Accounting Principles. Where the character or amount of any asset Asset or liability or item of income or expense is required to be determined or any consolidation consolidation, combination, or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 2 contracts
Sources: Share Exchange Agreement (Taylor Madison Corp), Securities Purchase Agreement (Taylor Madison Corp)
Accounting Principles. Where the character or amount of any asset or --------------------- liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except as otherwise expressly provided in this Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (Telespectrum Worldwide Inc), Loan and Security Agreement (Telespectrum Worldwide Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this AgreementAgreement or any other Loan Document, it shall be donesuch determination, unless consolidation or other computation shall, to the extent applicable and except as otherwise specified hereinherein or as otherwise agreed in writing by the parties, be made in accordance with GAAP.
Appears in 2 contracts
Sources: Credit Agreement (Mohegan Tribal Gaming Authority), Credit Agreement (Mohegan Tribal Gaming Authority)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable.
Appears in 2 contracts
Sources: Note Purchase Agreement (Panther Expedited Services, Inc.), Note Purchase Agreement (Bare Escentuals Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it Indenture; the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Indenture.
Appears in 2 contracts
Sources: Indenture of Trust and Security Agreement (National Healthcare Corp), Indenture of Trust and Security Agreement (National Health Realty Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall be donedone in accordance with GAAP. Furthermore, unless otherwise specified herein, all accounting terms not specifically defined in this Agreement shall be construed in accordance with GAAP.
Appears in 2 contracts
Sources: Term Credit Agreement (Panamerican Beverages Inc), Revolving Credit Agreement (Pilgrims Pride Corp)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP., except where such principles are inconsistent with the requirements of this Agreement. Exhibit 10.01
Appears in 2 contracts
Sources: Loan Agreement (Harte Hanks Inc), Loan Agreement (Harte Hanks Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAPGAAP at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 2 contracts
Sources: Securities Purchase Agreement (WisdomTree Investments, Inc.), Securities Purchase Agreement (WisdomTree Investments, Inc.)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with Frozen GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 2 contracts
Sources: Note Agreement (Unitog Co), Note Agreement (Unitog Co)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified hereinotherwise, in accordance with GAAP, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 2 contracts
Sources: Senior Subordination Agreement (Jotan Inc), Senior Subordination Agreement (Jotan Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementAgreement or any other Loan Document, it such determination, consolidation or computation shall be done, unless otherwise specified herein, made in accordance with GAAP, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 2 contracts
Sources: Loan Agreement (Chancellor Group Inc/), Loan Agreement (Chancellor Group Inc/)
Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall be done, unless otherwise specified herein, done in accordance with GAAPGAAP at the time in effect, to the extent applicable, except where GAAP is inconsistent with the requirements of this Agreement.
Appears in 2 contracts
Sources: Operating Agreement (Savage Sports Holdings, Inc.), Operating Agreement (Savage Sports Holdings, Inc.)
Accounting Principles. Where the character or the amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any --------------------- asset or liability or item of income or expense is required to be determined determined, or any consolidation consolidation, combination or other accounting computation is required to be made made, for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this Agreement, it shall be donesuch determination or calculation will, unless to the extent applicable and except as otherwise specified hereinherein or as otherwise agreed in writing by the parties, be made in accordance with GAAP.
Appears in 1 contract
Sources: Administration Agreement
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation consolidation, combination or other accounting computation is required to be made for the purposes of this Agreement or any agreement, document or certificate executed and delivered in connection with or pursuant to this Agreement, it such determination or computation shall be done, unless otherwise specified herein, done in accordance with GAAP.. -------------------------------------------------------------------------------- Loan Agreement, Series 1997 Bonds Page 4 Klearfold, Inc.
Appears in 1 contract
Accounting Principles. Where When the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation consideration or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAPGAAP at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP.generally accepted accounting principles applied on a basis consistent with those
Appears in 1 contract
Sources: Loan Agreement (Gainsco Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementGuarantee, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Guarantee.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting account ing computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall such determination or consolidation will be done, unless otherwise specified herein, done in accordance with GAAP.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Bird Corp)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP.
Appears in 1 contract
Sources: Purchase Agreement (Data Transmission Network Corp)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall be done, unless otherwise specified herein, in accordance with GAAP. Furthermore, all Financial Statements required to be delivered hereunder shall be prepared in accordance with GAAP.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementIndenture, it the same shall be done, unless otherwise specified herein, done in accordance with United States GAAP, to the extent applicable.
Appears in 1 contract
Sources: Trust Indenture (Kmart Corp)
Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it such determination or computation shall be done, unless otherwise specified herein, made in accordance with GAAPGAAP at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, determined or made in accordance with GAAP.
Appears in 1 contract
Sources: Loan and Security Agreement (Secure America Acquisition CORP)
Accounting Principles. Where the character or amount of any asset --------------------- or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Sources: Purchase Agreement (Worldcorp Inc)
Accounting Principles. Where the character or amount of any --------------------- asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset --------------------- or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except as otherwise expressly provided in this Agreement.
Appears in 1 contract
Sources: Loan and Security Agreement (Bankvest Capital Corp)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall be done, unless otherwise specified herein, done in accordance with GAAPGAAP applied on a basis consistent with those reflected by the Financial Statements, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP.
Appears in 1 contract
Sources: Note Purchase Agreement (Kmart Corp)
Accounting Principles. Where the character or amount of any asset or liability liability, or item of income revenue or expense expense, is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this AgreementAgreement or any Loan Document, it shall be donethat determination or calculation shall, unless to the extent applicable and except as otherwise specified hereinin this Agreement or as otherwise agreed in writing by the Parties, be made in accordance with GAAP.
Appears in 1 contract
Sources: Loan Agreement (Monaco Group Inc)
Accounting Principles. Where the character or amount of any asset or liability or 87 item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall be done, unless otherwise specified herein, in accordance with GAAP. Furthermore, all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP.
Appears in 1 contract
Sources: Credit Agreement (Mce Companies Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation consolidated or other accounting computation is required to be made for the purposes of this Letter Agreement, it shall be done, unless otherwise specified herein, done in accordance with GAAP.
Appears in 1 contract
Sources: Loan Agreement (Neogen Corp)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP., to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement. Allied Capital Corporation 2003 Note Agreement
Appears in 1 contract
Sources: Note Agreement (Allied Capital Corp)
Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it shall such determination or computation will be done, unless otherwise specified herein, made in accordance with GAAPGAAP in effect at such time, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementAgreement or any Supplement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement or such Supplement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are modified or replaced by the specific terms of this Agreement.
Appears in 1 contract
Sources: Note Agreement (Semco Energy Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementIndenture, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable.
Appears in 1 contract
Sources: Trust Indenture (Chi Energy Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it any Sub-Loan Agreement or any of the Sub-Loan Documents, the same shall be done, unless otherwise specified herein, determined or made in accordance with GAAPGAAP consistently applied at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement, any Sub-Loan Agreement or any of the Sub-Loan Documents.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting account ing computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAPGAAP applied on a basis consistent, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementthisAgreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Sources: Preferred Stock Purchase Agreement (Eagle Pacific Industries Inc/Mn)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementIndenture, it the same shall be done, unless otherwise specified herein, done in accordance with GAAPgenerally accepted accounting principles, to the extent applicable, except where such principles are inconsistent with the requirements of this Indenture.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation Consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified hereinotherwise, in accordance with GAAP, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined deter-mined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with United States GAAP, to the extent applicable.
Appears in 1 contract
Sources: Note Agreement (Kmart Corp)
Accounting Principles. Where the character or amount of any ---------------------------------- asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it the same shall be done, unless otherwise specified herein, done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.
Appears in 1 contract
Sources: Note Agreement (U S Rentals Inc)
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, it this shall be done, unless otherwise specified herein, done in accordance with GAAP, except where such principles are inconsistent with the specific requirements of this Agreement (such as with respect to the calculation of EBITDA for purposes of determining the Interest Coverage Ratio).
Appears in 1 contract
Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Loan Agreement, it the same shall be done, unless otherwise specified herein, determined or made in accordance with GAAPGAAP consistently applied at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Loan Agreement.
Appears in 1 contract
Sources: Loan and Security Agreement (Silverleaf Resorts Inc)