Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 29 contracts
Sources: Credit Agreement (Crimson Exploration Inc.), Credit Agreement (Castle Dental Centers Inc), Credit Agreement (Miller Exploration Co)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited consolidated financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Banks.
Appears in 17 contracts
Sources: Annual Report, By Laws (Duke Energy Corp), Credit Agreement (Cabot Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Administrative Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 17 contracts
Sources: Credit Agreement (Callon Petroleum Co), Credit Agreement (Resource America Inc), Credit Agreement (Ashland Inc.)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time in the United States of America (“Generally Accepted Accounting Principles”), applied on a basis consistent (except for changes concurred in by the Borrower’s independent public accountants) with the most recent audited financial statements of the Borrower referred delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Banks hereunder.
Appears in 16 contracts
Sources: Amendment Agreement No. 6 to Amended and Restated Credit Agreement (Blackrock Floating Rate Income Strategies Fund, Inc.), Credit Agreement (Blackrock Floating Rate Income Trust), Credit Agreement (Highland Funds I)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Administrative Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's ’s independent public accountants).
Appears in 15 contracts
Sources: Revolving Credit Agreement (Atlas America Inc), Revolving Credit and Term Loan Agreement (Atlas America Inc), Revolving Credit Agreement (Atlas Energy Resources, LLC)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein and not defined herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Administrative Agent, the Collateral Agent or the Lenders Lender hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 13 contracts
Sources: Loan Agreement, Loan Agreement (Nuveen Mortgage Opportunity Term Fund 2), Loan Agreement (Nuveen Mortgage Opportunity Term Fund 2)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited combined financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Banks.
Appears in 9 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent (except for changes concurred in by the Borrower’s independent public accountants) with the most recent audited consolidated financial statements of the Borrower referred and its Consolidated Subsidiaries delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Banks.
Appears in 9 contracts
Sources: Credit Agreement (Meadwestvaco Corp), Credit Agreement (Duke Capital LLC), Credit Agreement (Duke Energy CORP)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Banks.
Appears in 8 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPU.S. GAAP as in effect from time to time, applied on a basis consistent (except for changes concurred in by the Borrower’s independent public accountants) with the most recent audited financial statements of the Borrower referred and its Consolidated Entities delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Bank Parties.
Appears in 7 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Agent or and the Lenders hereunder shall be prepared, in accordance with GAAP, applied GAAP on a basis “consistent basis” with those used in the audited preparation of the financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)9.
Appears in 7 contracts
Sources: Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPGAAP as in effect from time to time in the United States of America, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the a Borrower's ’s independent public accountants)) with the most recent audited financial statements of such Borrower delivered to the Banks hereunder.
Appears in 7 contracts
Sources: Credit Agreement (BlackRock Series Fund II, Inc.), Credit Agreement (BlackRock Variable Series Funds II, Inc.), Credit Agreement (Blackrock Funds)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPGAAP as in effect from time to time in the United States of America, applied on a basis consistent (except for changes concurred in by a Borrower’s independent public accountants) with the most recent audited financial statements of the Borrower referred delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Banks hereunder.
Appears in 6 contracts
Sources: Credit Agreement, Credit Agreement (Master Investment Portfolio), Credit Agreement (Blackrock Funds)
Accounting Terms and Determinations. Unless otherwise specified herein, all terms of an accounting terms character used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)accountants or otherwise required by a change in GAAP) with the most recent audited consolidated financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Lenders.
Appears in 5 contracts
Sources: Credit Agreement (Lacrosse Footwear Inc), Credit Agreement (C2 Inc), Credit Agreement (C2 Inc)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates statements, certificates, and reports as to financial matters required to be furnished delivered to the Agent or the Lenders Buyer hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 5 contracts
Sources: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Agent or and the Lenders Banks hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with those used in the audited preparation of the financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)8.
Appears in 5 contracts
Sources: Credit Agreement (Darling International Inc), Credit Agreement (Darling International Inc), Credit Agreement (Bank One Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent with the most recent audited financial statements of the Borrower referred delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Bank.
Appears in 5 contracts
Sources: Loan and Security Agreement (Widepoint Corp), Loan and Security Agreement (Versar Inc), Loan and Security Agreement (Versar Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPGAAP as in effect from time to time in the United States of America, applied on a basis consistent (except for changes concurred in by a Borrower's independent public accountants) with the most recent audited financial statements of the Borrower referred delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Banks hereunder.
Appears in 4 contracts
Sources: Credit Agreement (Master Focus Twenty Trust), Credit Agreement (Hotchkis & Wiley Variable Trust), Credit Agreement (Merrill Lynch Sr Float Rate Fd)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders Holders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower Company referred to in Section 7.02 (except for changes concurred with by the BorrowerCompany's independent public accountants).
Appears in 4 contracts
Sources: Senior Subordinated Note Purchase Agreement (Castle Dental Centers Inc), Senior Subordinated Note and Warrant Purchase Agreement (Castle Dental Centers Inc), Senior Subordinated Note and Warrant Purchase Agreement (Midwest Mezzanine Fund Ii Lp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the BorrowerCompany's independent public accountants)) with the most recent audited consolidated financial statements of the Company and its Consolidated Subsidiaries delivered to the Banks.
Appears in 4 contracts
Sources: Credit Agreement (Kerr McGee Corp), Credit Agreement (Atlantic Richfield Co /De), Credit Agreement (Atlantic Richfield Co /De)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the relevant Borrower's ’s independent public accountants)) with the most recent audited consolidated financial statements of such Borrower and its Consolidated Subsidiaries delivered to the Banks.
Appears in 4 contracts
Sources: Letter of Credit Agreement (Duke Energy Indiana, Inc.), Credit Agreement (Duke Energy CORP), Credit Agreement (Cincinnati Gas & Electric Co)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent (except for changes concurred in by the Borrower’s independent public accountants) with the most recent audited financial statements of the Borrower referred and its Consolidated Subsidiaries delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Banks.
Appears in 4 contracts
Sources: Term Loan Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Accounting Terms and Determinations. Unless otherwise specified herein, all terms of an accounting terms character used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the BorrowerBull Run's independent public accountants)) with the most recent audited consolidating and consolidated financial statements of Bull Run and its Consolidated Subsidiaries delivered to the Bank.
Appears in 4 contracts
Sources: Credit Agreement (Bull Run Corp), Credit Agreement (Bull Run Corp), Credit Agreement (Bull Run Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Administrative Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section SECTION 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 4 contracts
Sources: Revolving Credit and Term Loan Agreement (Atlas Pipeline Partners Lp), Revolving Credit and Term Loan Agreement (Atlas Pipeline Holdings, L.P.), Revolving Credit and Term Loan Agreement (Atlas America Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent (except for changes concurred in by the Borrower’s independent public accountants) with the most recent audited financial statements of the Borrower referred and its Consolidated Entities delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Bank Parties.
Appears in 4 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Administrative Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower Company referred to in Section 7.02 (except for changes concurred with by the BorrowerCompany's independent public accountants).
Appears in 3 contracts
Sources: Credit Agreement (Eex Corp), Credit Agreement (Enserch Exploration Inc /Tx/), Credit Agreement (Enserch Exploration Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders Lender hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 3 contracts
Sources: Credit Agreement (Edge Petroleum Corp), Credit Agreement (Midcoast Energy Resources Inc), Credit Agreement (Midland Resources Inc /Tx/)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders Holders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to Company contained in Section 7.02 the Company Documents (except for changes concurred with by the BorrowerCompany's independent public accountants).
Appears in 3 contracts
Sources: Senior Subordinated Note and Subordinated Convertible Note Exchange Agreement (Heller Financial Inc), Senior Subordinated Note and Subordinated Convertible Note Exchange Agreement (Midwest Mezzanine Fund Ii Lp), Senior Subordinated Note and Subordinated Convertible Note Exchange Agreement (Castle Dental Centers Inc)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Administrative Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 3 contracts
Sources: Loan and Security Agreement (Fortress Credit Realty Income Trust), Loan and Security Agreement (Fortress Credit Realty Income Trust), Master Loan and Security Agreement (Starwood Waypoint Residential Trust)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared (except with respect to interim financial statements) in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent reviewed financial statements of the Borrower delivered to the Lender.
Appears in 3 contracts
Sources: Loan and Security Agreement (Castellum, Inc.), Loan and Security Agreement (Castellum, Inc.), Term Loan and Security Agreement (Castellum, Inc.)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants).public
Appears in 3 contracts
Sources: Credit Agreement (Duke Energy Corp), Credit Agreement (Duke Capital Corp), Credit Agreement (Duke Energy Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPGAAP as in effect from time to time in the United States of America, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's a ▇▇▇▇▇▇▇▇’s independent public accountants)) with the most recent audited financial statements of such Borrower delivered to the Banks hereunder.
Appears in 3 contracts
Sources: Credit Agreement (BlackRock Series Fund, Inc.), Credit Agreement (BlackRock Series Fund II, Inc.), Credit Agreement (BlackRock Series Fund II, Inc.)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent (except for changes required by the accounting profession or changes concurred in by the Company’s independent public accountants) with the most recent audited Consolidated financial statements of the Borrower referred Company and its Consolidated Subsidiaries delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Lenders.
Appears in 3 contracts
Sources: Credit Agreement (Coca-Cola Enterprises, Inc.), Credit Agreement (Coca Cola Co), Credit Agreement (International CCE Inc.)
Accounting Terms and Determinations. Unless Except as otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Administrative Agent or the Lenders Banks hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred generally accepted accounting principles as in effect from time to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)time.
Appears in 3 contracts
Sources: 364 Day Credit Agreement (American General Finance Inc), Credit Agreement (American General Finance Corp), 364 Day Credit Agreement (American General Finance Corp)
Accounting Terms and Determinations. Unless otherwise specified hereinspecified, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, all records and books of account shall be kept and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent prepared or the Lenders hereunder delivered shall be prepared, prepared in accordance with GAAP, applied on a basis consistent (except for changes approved by the Company's independent public accountants) with the latest audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)4.5.
Appears in 3 contracts
Sources: Merger Agreement (Phoenix Network Inc), Agreement and Plan of Merger (Phoenix Network Inc), Merger Agreement (Icon CMT Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's ’s independent public accountants).
Appears in 3 contracts
Sources: Credit Agreement (Earthstone Energy Inc), Credit Agreement (Earthstone Energy Inc), Credit Agreement (Earthstone Energy Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's ’s independent public accountants).
Appears in 3 contracts
Sources: Credit Agreement (Buckeye GP Holdings L.P.), Credit Agreement (Buckeye Partners L P), Credit Agreement (Crimson Exploration Inc.)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders Sleeve Provider hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with that used in the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)5.05.
Appears in 3 contracts
Sources: Credit Sleeve and Reimbursement Agreement (Reliant Energy Inc), Credit Sleeve and Reimbursement Agreement (Reliant Energy Inc), Credit Sleeve and Reimbursement Agreement (Reliant Energy Inc)
Accounting Terms and Determinations. Unless Except as otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent (except for changes approved by the Required Banks and by Borrower's independent certified public accountants) with the most recent audited financial statements of Borrower delivered to the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Banks.
Appears in 3 contracts
Sources: Revolving Credit and Term Loan Agreement (Doane Products Co), Revolving Credit and Term Loan Agreement (Doane Products Co), Revolving Credit and Term Loan Agreement (Doane Pet Care Co)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Administrative Agent or the Lenders hereunder under this Agreement shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 3 contracts
Sources: Credit Agreement (Franklin Credit Management Corp), Credit Agreement (Franklin Credit Holding Corp/De/), Credit Agreement (Franklin Credit Holding Corp/De/)
Accounting Terms and Determinations. Unless Except as otherwise specified ----------------------------------- expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Administrative Agent or and the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis "consistent basis" with those used in the audited preparation of the financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)9.
Appears in 3 contracts
Sources: Credit Agreement (Renaissance Worldwide Inc), Credit Agreement (Renaissance Worldwide Inc), Credit Agreement (Renaissance Worldwide Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower MMR referred to in Section 7.02 (except for changes concurred with by the BorrowerMMR's independent public accountants).
Appears in 3 contracts
Sources: Credit Agreement (McMoran Exploration Co /De/), Credit Agreement (McMoran Exploration Co /De/), Credit Agreement (McMoran Exploration Co /De/)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the BorrowerGuarantor's independent public accountants)) with the most recent audited consolidated financial statements of the Guarantor and its Consolidated Subsidiaries delivered accordance with such timetable.
Appears in 2 contracts
Accounting Terms and Determinations. Unless otherwise specified hereinspecified, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, all records and books of account shall be kept and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent prepared or the Lenders hereunder delivered shall be prepared, prepared in accordance with GAAP, applied on a basis consistent (except for changes approved by the Company's independent public accountants) with the latest audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)4.5.
Appears in 2 contracts
Sources: Share Purchase Agreement (Winokur Herbert S Jr), Stock Purchase Agreement (Interwest Group Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all terms of an accounting terms character used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's ’s independent public accountants)accountants or otherwise required by a change in GAAP) with the Audited Financial Statements.
Appears in 2 contracts
Sources: Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Agent or and the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis "consistent basis" with those used in the audited preparation of the financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)8.
Appears in 2 contracts
Sources: Credit Agreement (Williams Sonoma Inc), Credit Agreement (Cec Entertainment Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and all other certificates and reports as to any financial matters required to be furnished to the Agent or the Lenders Lender hereunder shall be prepared, prepared in accordance with GAAP, GAAP applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)basis.
Appears in 2 contracts
Sources: Loan and Security Agreement (ScripsAmerica, Inc.), Loan and Security Agreement (Zynex Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent with the audited most recent annual audited, consolidated financial statements of the Borrower referred Company delivered to in Section 7.02 (except for changes concurred with by Investor prior to the Borrower's independent public accountants)date hereof.
Appears in 2 contracts
Sources: Securities Purchase Agreement, Securities Purchase Agreement (Ram Energy Resources Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all terms of an accounting terms character used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)Public Accountants or otherwise required by a change in GAAP) with the most recent audited consolidated financial statements of Seller and its Subsidiaries delivered to Lender.
Appears in 2 contracts
Sources: Credit and Security Agreement (Skyworks Solutions Inc), Credit and Security Agreement (Conexant Systems Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent (except for changes concurred in by the Borrower’s independent public accountants) with the most recent audited consolidated financial statements of the Borrower referred delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Marathon Oil Corp), Credit Agreement (Marathon Oil Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section Sections 7.02 and 8.01 (except for changes concurred with by the Borrower's ’s independent public accountants).
Appears in 2 contracts
Sources: Credit Agreement (Arena Resources Inc), Credit Agreement (Arena Resources Inc)
Accounting Terms and Determinations. Unless Except as otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent (except for changes approved by Borrower’s independent public accountants) with the most recent audited financial statements of the Borrower referred delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Banks.
Appears in 2 contracts
Sources: Credit Agreement (Shoe Carnival Inc), Credit Agreement (Shoe Carnival Inc)
Accounting Terms and Determinations. Unless Except as otherwise specified ----------------------------------- expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Administrative Agent or and the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis "consistent basis" with those used in the audited preparation of the financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)9.
Appears in 2 contracts
Sources: Credit Agreement (Imperial Financial Group Inc), Credit Agreement (Imperial Financial Group Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent with the most recent audited financial statements of the Borrower referred Obligors delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Lenders hereunder.
Appears in 2 contracts
Sources: Loan Agreement (Vitro Sa De Cv), Loan Agreement (Vitro Sa De Cv)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared on a consolidated basis in accordance with GAAP, applied on a basis consistent (except for changes concurred in by the independent public accountants of the Borrower) with the audited consolidated financial statements of the Borrower and Guarantor referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)4.5.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Ps Business Parks Inc/Ca), Revolving Credit Agreement (Ps Business Parks Inc/Ca)
Accounting Terms and Determinations. Unless Except as otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared as determined in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent (except for changes accompanied by a concurrence from Borrower's independent certified public accountants) with the most recent audited financial statements of Borrower delivered to the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Banks.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Halter Marine Group Inc), Revolving Credit Agreement (Halter Marine Group Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all terms of an accounting terms character used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)accountants or otherwise required by a change in GAAP) with the Audited Financial Statements.
Appears in 2 contracts
Sources: Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein therein shall be interpreted, all accounting determinations with respect to accounting matters hereunder thereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder delivered thereunder shall be prepared, prepared in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the BorrowerRMC's independent public accountants)) with the most recent audited consolidated financial statements of the RMC and its Subsidiaries delivered to the Participants.
Appears in 2 contracts
Sources: Participation Agreement (Mondavi Robert Corp), Participation Agreement (Mondavi Robert Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited consolidated financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Banks.
Appears in 2 contracts
Sources: Credit Agreement (Perini Corp), Exchange Agreement (Perini Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with generally accepted accounting principles as in effect from time to time ("GAAP"), applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the BorrowerCompany's independent public accountants)) with the most recent audited consolidated financial statements of the Company and its consolidated Subsidiaries delivered to the Purchasers.
Appears in 2 contracts
Sources: Note Purchase Agreement (Navisite Inc), Note Purchase Agreement (Cmgi Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders Banks hereunder shall be prepared, in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower Company referred to in Section 7.02 (except for changes concurred with by the BorrowerCompany's independent public accountants).
Appears in 2 contracts
Sources: Credit Agreement (Newfield Exploration Co /De/), Credit Agreement (Newfield Exploration Co /De/)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited financial statements of the Borrower delivered to the Bank.
Appears in 2 contracts
Sources: Credit Agreement (Van Kampen Merritt Prime Rate Income Trust), Credit Agreement (Van Kampen American Capital Prime Rate Income Trust)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and statements, certificates and reports as to financial matters required to be furnished delivered to the Agent or the Lenders Buyer hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 2 contracts
Sources: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders Bank hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)herein.
Appears in 2 contracts
Sources: Senior Revolver Loan Agreement (Empire Petroleum Corp), Revolver Loan Agreement (Viking Energy Group, Inc.)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 4.02 (except for changes concurred with by the Borrower's ’s independent public accountants).
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Crimson Exploration Inc.), Second Lien Credit Agreement (Crimson Exploration Inc.)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Buyer or Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 2 contracts
Sources: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Agent or the Lenders Holder hereunder shall be prepared, in accordance with accounting principles generally accepted in the United States (“GAAP, applied on a basis consistent ”). All calculations made for the purposes of determining compliance with the audited financial statements terms of the Borrower referred to in Section 7.02 this Warrant shall (except for changes concurred with as otherwise expressly provided herein) be made by the Borrower's independent public accountants)application of GAAP.
Appears in 2 contracts
Sources: Loan Agreement (ECO Integrated Technologies, Inc.), Loan Agreement (ECO Integrated Technologies, Inc.)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAP, generally accepted accounting principles as in effect from time to time applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 ("GAAP") (except for changes concurred with in by the BorrowerEngage's independent public accountants)) with the most recent audited consolidated financial statements of Engage and its consolidated Subsidiaries.
Appears in 2 contracts
Sources: Transaction Agreement (Engage Inc), Transaction Agreement (Cmgi Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein therein shall be interpreted, all accounting determinations with respect to accounting matters hereunder thereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder delivered thereunder shall be prepared, prepared in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the BorrowerLessee's independent public accountants)) with the most recent audited consolidated financial statements of the Lessee and its Subsidiaries delivered to the Participants.
Appears in 2 contracts
Sources: Participation Agreement (Lam Research Corp), Participation Agreement (Lam Research Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders Sleeve Provider hereunder shall be prepared, prepared in accordance with GAAP, applied on a basis consistent with that used in the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)5.05.
Appears in 2 contracts
Sources: Credit Agreement (NRG Energy, Inc.), Credit Sleeve and Reimbursement Agreement (NRG Energy, Inc.)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, any computation required or permitted hereunder shall be made, and all unaudited financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements Audited Financial Statements of the Borrower referred Company delivered pursuant to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)6.16.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Intracel Corp), Securities Purchase Agreement (Intracel Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited consolidated financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Perini Corp), Credit Agreement (Perini Corp)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Agent or the Lenders any Lender hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 2 contracts
Sources: Loan and Security Agreement (Alliance Laundry Corp), Loan and Security Agreement (Alliance Laundry Holdings LLC)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders Bank hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Borrowers herein.
Appears in 2 contracts
Sources: Revolver Loan Agreement (Empire Petroleum Corp), Revolver Loan Agreement (Energy 11, L.P.)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Borrowers herein.
Appears in 2 contracts
Sources: Revolver Loan Agreement (Energy 11, L.P.), Revolver Loan Agreement (Energy Resources 12, L.P.)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's Principal’s independent public accountants)) with the most recent audited consolidated financial statements of the Principal and its Consolidated Subsidiaries delivered to EDC.
Appears in 2 contracts
Sources: Master Facility Agreement (Nortel Networks Corp), Master Facility Agreement (Nortel Networks LTD)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrowerrelevant Loan Party's independent public accountants)) with the most recent audited consolidated financial statements of such Loan Party and its Consolidated Subsidiaries delivered to the Banks.
Appears in 2 contracts
Sources: Credit Agreement (Meadwestvaco Corp), 364 Day Credit Agreement (Meadwestvaco Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all terms of an accounting terms character used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited financial statements of the Borrower delivered to the Bank.
Appears in 1 contract
Sources: Credit Agreement (Source Co)
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Agent or and the Lenders Banks hereunder shall be prepared, in accordance with GAAP, applied on a basis "consistent basis" with those used in the audited preparation of the financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)6.
Appears in 1 contract
Accounting Terms and Determinations. Unless otherwise specified herein, all terms of an accounting terms character used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent (except for changes with which the Borrower's independent public accountants concur or that are otherwise required by a change in GAAP) with the most recent audited consolidated financial statements of the Borrower referred and its Consolidated Subsidiaries delivered to in Section 7.02 (the Lenders except for changes concurred with by the Borrower's independent public accountants).any change in
Appears in 1 contract
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders Lender hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to referenced in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants5.1(k).
Appears in 1 contract
Sources: Loan and Security Agreement (Dallas Gold & Silver Exchange Inc /Nv/)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).,
Appears in 1 contract
Accounting Terms and Determinations. Unless otherwise specified herein, all All accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Agent or the Lenders Banks hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with those used in the audited preparation of the financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).SECTION 6.2
Appears in 1 contract
Sources: Credit Agreement (Nelnet Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all terms of an accounting terms character used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited consolidated financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Bank.
Appears in 1 contract
Sources: Credit Agreement (Synalloy Corp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Administrative Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 1 contract
Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and 22 certificates and reports as to financial matters required to be furnished delivered to the Agent or the Lenders Buyer hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).
Appears in 1 contract
Sources: Master Repurchase Agreement
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders Lender hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to Borrowers referenced in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants5.1(k).
Appears in 1 contract
Sources: Loan and Security Agreement (Mendocino Brewing Co Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants).) with the most recent audited consolidated financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Bank. PAGE
Appears in 1 contract
Sources: Credit Agreement (Interpublic Group of Companies Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all terms of an accounting terms character used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)accountants or otherwise required by a change in GAAP) with the most recent audited consolidated financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Lender.
Appears in 1 contract
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, made and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent (except for changes concurred in by the Successor Agency’s independent public accountants) with the most recent audited financial statements of the Borrower referred Successor Agency delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Bank pursuant to this Agreement.
Appears in 1 contract
Sources: Reimbursement Agreement
Accounting Terms and Determinations. Unless otherwise ----------------------------------- specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited consolidated financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Lender.
Appears in 1 contract
Sources: Term Credit Agreement (Mercom Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent (except for changes concurred in by the Borrowers’ independent public accountants) with the most recent audited financial statements of the Borrower referred delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Lender.
Appears in 1 contract
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited consolidated financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Bridge Banks.
Appears in 1 contract
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Administrative Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except 7.02(except for changes concurred with by the Borrower's ’s independent public accountants).. 18
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Atlas Pipeline Partners Lp)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAPgenerally accepted accounting principles as in effect from time to time, applied on a basis consistent (except for changes concurred in by the Borrower’s independent public accountants) with the audited most recent unaudited consolidated financial statements of the Borrower referred and its Consolidated Subsidiaries delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Lender.
Appears in 1 contract
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent (except for changes concurred in by the Client’s independent public accountants) with the most recent audited financial statements of the Borrower referred Client delivered to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants)Provider.
Appears in 1 contract
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders delivered hereunder shall be prepared, prepared in accordance with GAAP, GAAP applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with in by the Borrower's independent public accountants)) with the most recent audited consolidated financial statements of the Borrower and its Consolidated Subsidiaries delivered to the Administrative Agent.
Appears in 1 contract
Sources: Revolving Credit Agreement (Arbor Realty Trust Inc)
Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the audited financial statements of the Borrower referred to in Section 7.02 GAAP (except for changes concurred with by the Borrower's independent public accountants).
Appears in 1 contract
Sources: Term Loan Credit Agreement (Piccadilly Cafeterias Inc)
Accounting Terms and Determinations. Unless Except as ----------------------------------- otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Agent or the Lenders Holder hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with those used in the audited preparation of the financial statements of the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).2.3
Appears in 1 contract
Sources: Series B Preferred Stock Purchase Agreement (U Haul International Inc)
Accounting Terms and Determinations. Unless (a) Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished delivered to the Agent or the Lenders hereunder shall be prepared, (unless otherwise disclosed to the Lenders in accordance with GAAP, applied on a basis consistent with writing at the audited financial statements time of delivery thereof in the Borrower referred to in Section 7.02 (except for changes concurred with by the Borrower's independent public accountants).manner
Appears in 1 contract
Sources: Credit Agreement (Premier Parks Inc)