Common use of Accounting Terms and Determinations Clause in Contracts

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP.

Appears in 124 contracts

Sources: Equity Purchase Agreement (Universal Logistics Holdings, Inc.), Membership Interest Purchase Agreement (Quipt Home Medical Corp.), Membership Interest Purchase Agreement (Great Elm Group, Inc.)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP.

Appears in 63 contracts

Sources: Revolving Credit Agreement, Credit Agreement, Credit Agreement (Winc, Inc.)

Accounting Terms and Determinations. Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted and construed herein, all accounting determinations hereunder shall be made made, all financial statements required to be delivered hereunder shall be prepared and all financial records shall be maintained in accordance with GAAP.

Appears in 36 contracts

Sources: Loan Agreement (Lendbuzz Inc.), Loan Agreement (Lendbuzz Inc.), Loan Agreement (Lendbuzz Inc.)

Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted interpreted, and all accounting determinations financial statements and certificates and reports as to financial matters required to be delivered to Buyer hereunder shall be made prepared, in accordance with GAAP.

Appears in 33 contracts

Sources: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (UWM Holdings Corp)

Accounting Terms and Determinations. Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted and construed herein, all accounting determinations hereunder shall be made made, all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP.

Appears in 28 contracts

Sources: Loan Agreement (Ategrity Specialty Holdings LLC), Loan and Security Agreement (Vroom, Inc.), Collateral Custodian Agreement (Carvana Auto Receivables Trust 2022-P3)

Accounting Terms and Determinations. Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted and construed herein, all accounting determinations hereunder shall be made made, all financial statements required to be delivered hereunder shall be prepared, and all financial records shall be maintained in accordance with GAAP.

Appears in 8 contracts

Sources: Loan Agreement (Sunlink Health Systems Inc), Revolving Credit Agreement (Discount Auto Parts Inc), Credit Agreement (Homestead Village Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all determinations with respect to accounting determinations matters hereunder shall be made made, and all financial statements and certificates and reports as to financial matters required to be delivered hereunder shall be prepared, in accordance with GAAP.

Appears in 8 contracts

Sources: Warrant Agreement (Vari Lite International Inc), Warrant Agreement (Angeion Corp/Mn), Loan Agreement (Reading & Bates Corp)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAPIFRS.

Appears in 7 contracts

Sources: Merger Agreement, Merger Agreement (Azur Pharma LTD), Merger Agreement (Jazz Pharmaceuticals Inc)

Accounting Terms and Determinations. Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted and construed herein, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAPGAAP applied on a basis consistent with the Financial Statements.

Appears in 5 contracts

Sources: Credit Agreement (Maverick Tube Corporation), Credit Agreement (Hallwood Group Inc), Credit Agreement (Hallwood Group Inc)

Accounting Terms and Determinations. Unless All accounting terms used herein and not otherwise specified defined shall have the meanings accorded to them in accordance with GAAP, and, except as expressly provided herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP, consistently applied.

Appears in 5 contracts

Sources: Agreement of Limited Partnership (Tality Corp), Limited Partnership Agreement (Tality Corp), Limited Partnership Agreement (Tality Corp)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAPGAAP applied on a consistent basis (except for changes concurred in by the Company's independent public accountants).

Appears in 4 contracts

Sources: Securities Purchase Agreement (Sjit Inc), Note Purchase Agreement (Medaphis Corp), Securities Purchase Agreement (NPR Inc)

Accounting Terms and Determinations. Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted and construed herein, all accounting determinations hereunder shall be made made, and all financial records shall be maintained in accordance with GAAPGAAP applied on a consistent basis.

Appears in 4 contracts

Sources: Term Loan Agreement (Mariner Energy LLC), Credit Agreement (Mariner Energy Inc), Credit and Subordination Agreement (Mariner Energy Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with U.S. GAAP.

Appears in 3 contracts

Sources: Credit Agreement (Lafarge Corp), Multicurrency Credit Agreement (Crane Co /De/), Multicurrency Credit Agreement (Crane Co /De/)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Specialty Chemical Resources Inc), Revolving Loan Agreement (American Residential Services Inc), Secured Revolving and Term Loan Agreement (American Residential Services Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall will be interpreted and all accounting determinations hereunder shall will be made in accordance with GAAP.

Appears in 3 contracts

Sources: Asset Purchase Agreement (Berkshire Hills Bancorp Inc), Asset Purchase Agreement (Brown & Brown, Inc.), Asset Purchase Agreement

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP.

Appears in 3 contracts

Sources: Continuing Covenant Agreement, Continuing Covenant Agreement, Senior Subordinated Loan Agreement (Global Power Equipment Group Inc/)

Accounting Terms and Determinations. Unless Except as otherwise specified may be expressly provided herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. All calculations made for the purposes of determining compliance with the terms of this Agreement shall (except as otherwise may be expressly provided herein) be made by application of GAAP.

Appears in 3 contracts

Sources: Warrant Agreement (Fw Integrated Orthopaedics Investors Lp), Warrant Agreement (Integrated Orthopedics Inc), Warrant Agreement (Integrated Orthopedics Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with U.S. GAAP.

Appears in 3 contracts

Sources: Merger Agreement (Salix Pharmaceuticals LTD), Business Combination Agreement (Elan Corp PLC), Business Purchase Agreement (Rockwood Holdings, Inc.)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared, in accordance and consistent with GAAP.

Appears in 3 contracts

Sources: Loan Agreement (Plastic Surgery Co), Loan Agreement (Pacific Mezzanine Fund), Loan Agreement (General Automation Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all determinations with respect to accounting determinations matters hereunder shall be made made, and all financial statements and certificates and reports as to financial matters required to be furnished hereunder shall be prepared, in accordance with GAAP.

Appears in 3 contracts

Sources: Operating Agreement (Ultimate Escapes, Inc.), Operating Agreement (Secure America Acquisition CORP), Operating Agreement (Secure America Acquisition CORP)

Accounting Terms and Determinations. Unless Except as otherwise specified hereinherein and, including, without limitation, with respect to Section 3.5, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP.

Appears in 3 contracts

Sources: Asset Purchase Agreement (Red Cat Holdings, Inc.), Asset Purchase Agreement, Asset Purchase Agreement (API Technologies Corp.)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made in accordance with GAAP.made, and all financial statements

Appears in 3 contracts

Sources: Credit Agreement (Vlasic Foods International Inc), Revolving Credit Agreement (Martin Marietta Materials Inc), Credit Agreement (Universal Health Services Inc)

Accounting Terms and Determinations. Unless otherwise ----------------------------------- specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP.

Appears in 2 contracts

Sources: Esop Loan Agreement (Mercury General Corp), Revolving Credit Agreement (Travis Boats & Motors Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein therein shall be interpreted and all accounting determinations hereunder thereunder shall be made in accordance with GAAP.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Presstek Inc /De/), Stock Purchase Agreement (Presstek Inc /De/)

Accounting Terms and Determinations. Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted construed herein and all accounting determinations hereunder to be made under this Agreement shall be made in accordance with GAAP.

Appears in 2 contracts

Sources: Loan and Security Agreement (nFinanSe Inc.), Loan and Security Agreement (nFinanSe Inc.)

Accounting Terms and Determinations. Unless otherwise specified herein, , (i) all accounting terms used herein shall be interpreted and interpreted, (ii) all accounting determinations hereunder shall be made made, and (iii) all books, records and financial statements required to be delivered hereunder shall be prepared in accordance with GAAP, consistently applied, except for changes approved by Agency.

Appears in 2 contracts

Sources: Affordable Housing Agreement, Affordable Housing Agreement

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with US GAAP, consistently applied or, with respect to Purchaser and its Affiliates, in accordance with internationally accepted accounting principles.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Integrys Energy Group, Inc.), Purchase and Sale Agreement (Integrys Energy Group, Inc.)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with UK GAAP.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Amarin Corp Plc\uk), Asset Purchase Agreement (Amarin Corp Plc\uk)

Accounting Terms and Determinations. Unless otherwise specified ----------------------------------- herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Pcsupport Com Inc), General Continuing Guaranty (National Golf Properties Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAPU,S. GAAP applied on a consistent basis (except for changes concurred in by the Company's independent public accountants).

Appears in 2 contracts

Sources: Securities Purchase Agreement (Aki Inc), Securities Purchase Agreement (Aki Holding Corp)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with United States GAAP.

Appears in 2 contracts

Sources: Share Exchange Agreement (SFH I Acquisition Corp), Share Exchange Agreement (SFH I Acquisition Corp)

Accounting Terms and Determinations. Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted construed herein and all accounting determinations hereunder shall be made in accordance with GAAP.

Appears in 2 contracts

Sources: Federal Student Loan Sale Agreement (Navient Corp), Private Student Loan Sale Agreement (Navient Corp)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP, as the same applies to the Seller, and in accordance with generally accepted accounting principles applicable to units of local government, as the same applies to the Buyer.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Allete Inc), Asset Purchase Agreement (Allete Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAPGAAP applied on a basis consistent.

Appears in 1 contract

Sources: Term Loan Agreement (SeaCube Container Leasing Ltd.)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP.GAAP as in effect from time to time, applied on a basis consistent (except for changes concurred in by the

Appears in 1 contract

Sources: Revolving Credit Agreement (Amb Property Corp)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP, as applicable.

Appears in 1 contract

Sources: Asset Purchase Agreement (Acacia Diversified Holdings, Inc.)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all determinations with respect to accounting determinations matters hereunder shall be made made, in accordance with GAAP.

Appears in 1 contract

Sources: Credit Agreement (Primeenergy Corp)

Accounting Terms and Determinations. Unless Except as otherwise specified may be expressly provided herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP.

Appears in 1 contract

Sources: Warrant Agreement (Integrated Orthopedics Inc)

Accounting Terms and Determinations. Unless Except as otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP.

Appears in 1 contract

Sources: Financing Agreement (Vanguard Car Rental Group Inc.)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be 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 Company delivered to Stratford.

Appears in 1 contract

Sources: Subordinate Loan and Warrant Purchase Agreement (Edutrek Int Inc)

Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP.

Appears in 1 contract

Sources: Note Purchase Agreement (Cubic Energy Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein therein shall be interpreted and interpreted, all accounting determinations hereunder thereunder shall be made made, and all financial statements required to be delivered thereunder shall be prepared in accordance with GAAPGAAP as in effect from time to time.

Appears in 1 contract

Sources: Participation Agreement (Tandem Health Care, Inc.)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with HK GAAP and/or PRC GAAP, as applicable.

Appears in 1 contract

Sources: Stock Purchase and Sale Agreement (Amtech Systems Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder (including determinations made pursuant to the exhibits hereto) shall be made made, and all financial statements required to be delivered hereunder shall be prepared on a consolidated basis in accordance with GAAPGAAP applied on a consistent basis. All amounts used for purposes of financial calculations required to be made herein shall be without duplication.

Appears in 1 contract

Sources: Credit and Security Agreement (Seracare Life Sciences Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all determinations with respect to accounting determinations matters hereunder shall be made made, and all financial statements and certificates and reports as to financial matters required to be furnished hereunder shall be prepared, in accordance with GAAPGAAP Consistency.

Appears in 1 contract

Sources: Asset Purchase Agreement (Level 3 Communications Inc)

Accounting Terms and Determinations. Unless otherwise specified ----------------------------------- herein, all accounting terms used herein shall be interpreted and interpreted, all determination with respect to accounting determinations matters hereunder shall be made made, and all financial statements and certificates and reports as to financial matter required to be delivered hereunder shall be prepared, in accordance with GAAP.

Appears in 1 contract

Sources: Warrant Agreement (Cambridge Industries Inc /De)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP.

Appears in 1 contract

Sources: Loan and Security Agreement (Comstock Homebuilding Companies, Inc.)

Accounting Terms and Determinations. Unless otherwise specified herein, ----------------------------------- all accounting terms used herein shall be interpreted and interpreted, all determinations with respect to accounting determinations matters hereunder shall be made made, and all financial statements and certificates and reports as to financial matters required to be delivered hereunder shall be prepared, in accordance with GAAP.

Appears in 1 contract

Sources: Credit Agreement (Autotote Corp)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all Financial Statements required to be delivered hereunder shall be prepared in accordance with GAAP.

Appears in 1 contract

Sources: Credit Agreement (Jakks Pacific Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAPGAAP as in effect from time to time.

Appears in 1 contract

Sources: Note Purchase Agreement (NewStar Financial, Inc.)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations determi- nations hereunder shall be made in accordance with GAAP.

Appears in 1 contract

Sources: Asset Purchase Agreement

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with generally accepted accounting principles for financial reporting in the United States, (β€œGAAP”).

Appears in 1 contract

Sources: Asset Purchase Agreement (Nu Skin Enterprises Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein therein shall be interpreted and interpreted, all accounting determinations hereunder thereunder shall be made made, and all financial statements required to be delivered thereunder shall be prepared in accordance with GAAP.

Appears in 1 contract

Sources: Master Exchange Agreement (PHH Corp)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with US GAAP.

Appears in 1 contract

Sources: Asset Purchase Agreement (Fox Factory Holding Corp)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAPGAAP as consistently applied by Seller and determined by Seller.

Appears in 1 contract

Sources: Asset Purchase Agreement (Ram Venture Holdings Corp)

Accounting Terms and Determinations. Unless otherwise specified -------------------------------------- herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP.

Appears in 1 contract

Sources: Asset Purchase Agreement (Gsi Group Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAPU.S. GAAP applied on a consistent basis (except for changes concurred in by the Company's independent public accountants).

Appears in 1 contract

Sources: Securities Purchase Agreement (True Temper Sports Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAPGAAP in effect from time to time, on a basis consistent with the most recent financial statements of Borrower delivered to Bank.

Appears in 1 contract

Sources: Reimbursement Agreement (Axt Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAPGAAP applied on a consistent basis.

Appears in 1 contract

Sources: Credit Agreement (Commscope Inc)

Accounting Terms and Determinations. Unless otherwise specified ----------------------------------- herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP, applied on a basis consistent with the audited financial statements referred to in Section 4.4.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Cotelligent Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements shall be prepared in accordance with U.S. GAAP.

Appears in 1 contract

Sources: Note Purchase Agreement (U S Energy Systems Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAPGAAP as in effect from time to time.

Appears in 1 contract

Sources: Liquidity Agreement (PHH Corp)

Accounting Terms and Determinations. Unless otherwise specified herein, all terms of an accounting terms character used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP., applied on a basis consistent

Appears in 1 contract

Sources: Credit Agreement (Hancock Fabrics Inc)

Accounting Terms and Determinations. Unless Except as otherwise specified expressly provided herein, all accounting terms used herein shall be interpreted interpreted, and all accounting determinations financial statements and certificates and reports as to financial matters required to be delivered to the Purchaser hereunder shall be made prepared, in accordance with GAAP.

Appears in 1 contract

Sources: Note Purchase Agreement (Net2000 Communications Inc)

Accounting Terms and Determinations. Unless Except as otherwise specified may be expressly provided herein, all accounting terms used herein shall be interpreted interpreted, and all accounting determinations hereunder financial statements and certificates and reports as to financial matters required hereby to be delivered to any Person shall be made prepared, in accordance with GAAP.

Appears in 1 contract

Sources: Warrant Agreement (Impsat Fiber Networks Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAPGAAP on a basis consistent with the audited financial statements referred to in Section 9.03.

Appears in 1 contract

Sources: Warehousing Credit Agreement (Express America Holdings Corp)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAPApplicable Accounting Principles.

Appears in 1 contract

Sources: Stock Purchase Agreement (Luna Innovations Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with U.S. GAAP or Canadian GAAP, as applicable.

Appears in 1 contract

Sources: Asset Purchase Agreement (Stewart & Stevenson Funding Corp.)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein therein shall be interpreted and all accounting determinations hereunder thereunder shall be made in accordance with GAAPGAAP in effect as of the applicable date.

Appears in 1 contract

Sources: Asset Purchase Agreement (LSB Industries Inc)

Accounting Terms and Determinations. Unless otherwise specified hereinherein (including Appendix A), all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP.

Appears in 1 contract

Sources: Asset Purchase Agreement (Amcon Distributing Co)

Accounting Terms and Determinations. Unless otherwise specified herein, (i) all accounting terms used herein shall be interpreted and interpreted, (ii) all accounting determinations hereunder shall be made made, and (c) all books, records and financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP, consistently applied, except for changes approved by City.

Appears in 1 contract

Sources: Affordable Housing Agreement

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and herein, all accounting determinations hereunder and all financial statements required to be delivered hereunder shall be made used, determined and prepared, as the case may be, in accordance with GAAPGAAP as in effect from time to time.

Appears in 1 contract

Sources: Loan Agreement (Evans Bob Farms Inc)

Accounting Terms and Determinations. Unless otherwise specified ----------------------------------- herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAPGAAP as in effect from time to time.

Appears in 1 contract

Sources: Loan Agreement (Ps Group Holdings Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, (i) all accounting terms used herein shall be interpreted and interpreted, (ii) all accounting determinations hereunder shall be made made, and (c) all books, records and financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP, consistently applied, except for changes approved by Agency.

Appears in 1 contract

Sources: Disposition and Development Agreement

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be 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 annual audited, consolidated financial statements of the Company delivered to III prior to the date hereof.

Appears in 1 contract

Sources: Warrant Agreement (Iii Exploration Co)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with generally accepted accounting principals. In the event of ambiguities or changes in GAAP, the more conservative principal or interpretation shall be used.

Appears in 1 contract

Sources: Esop Loan Agreement (Triquint Semiconductor Inc)

Accounting Terms and Determinations. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP.GAAP as in effect from time to time, applied on

Appears in 1 contract

Sources: Standby Letter of Credit and Reimbursement Agreement

Accounting Terms and Determinations. Unless otherwise ----------------------------------- specified herein, all accounting terms used herein shall be interpreted and interpreted, all accounting determinations hereunder shall be made made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAPGAAP applied on a consistent basis.

Appears in 1 contract

Sources: Bridge Financing Agreement (Citation Corp /Al/)