Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP.
Appears in 65 contracts
Sources: Loan Agreement, Loan Agreement (Chrysler Group LLC), Loan Agreement (Chrysler Group LLC)
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Buyer hereunder shall be prepared, in accordance with GAAP.
Appears in 18 contracts
Sources: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP.
Appears in 14 contracts
Sources: Master Loan and Security Agreement (Offerpad Solutions Inc.), Loan and Security Agreement (NexPoint Real Estate Finance, Inc.), Master Loan and Security Agreement (Supernova Partners Acquisition Company, Inc.)
Accounting Terms and Determinations. Except as otherwise may be expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Holder hereunder shall be prepared, 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 7 contracts
Sources: Warrant Agreement (Metromedia Fiber Network Inc), Warrant Agreement (Integrated Orthopedics Inc), Warrant Agreement (Aerosol Services Co Inc)
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Agent hereunder shall be prepared, in accordance with GAAP.
Appears in 7 contracts
Sources: Master Loan and Security Agreement (New Century Financial Corp), Committed Note Purchase and Security Agreement (ECC Capital CORP), Master Loan and Security Agreement (New Century Financial Corp)
Accounting Terms and Determinations. Except as otherwise may be expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Holders hereunder and under the Warrants shall be prepared, in accordance with GAAP. All calculations made for the purposes of determining compliance with the terms of this Agreement and the Warrants shall (except as otherwise may be expressly provided herein) be made by application of GAAP.
Appears in 7 contracts
Sources: Warrant Agreement (Pw Eagle Inc), Warrant Agreement (Huntsman Packaging of Canada LLC), Warrant Agreement (Verasun Energy Corp)
Accounting Terms and Determinations. Except as otherwise ----------------------------------- expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP.
Appears in 5 contracts
Sources: Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (Franchise Mortgage Acceptance Co)
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Agent hereunder shall be prepared, in accordance with GAAP.
Appears in 5 contracts
Sources: Master Repurchase Agreement (Rocket Companies, Inc.), Master Loan and Security Agreement (American Strategic Income Portfolio Inc), Master Loan and Security Agreement (American Strategic Income Portfolio Inc Ii)
Accounting Terms and Determinations. Except as otherwise may be expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Holders hereunder shall be prepared, 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 5 contracts
Sources: Warrant Agreement (Chart Industries Inc), Warrant and Investor Rights Agreement (Pegasus Communications Corp /), Warrant Agreement (Chart Industries Inc)
Accounting Terms and Determinations. Except as otherwise 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 delivered furnished to the Lender Bank hereunder shall be prepared, in accordance with GAAPGAAP and the Investment Company Act.
Appears in 4 contracts
Sources: Credit Agreement (American Century California Tax Free & Municipal Funds), Credit Agreement (American Century Target Maturities Trust), Credit Agreement (American Century Government Income Trust)
Accounting Terms and Determinations. Except as otherwise may be expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Holders hereunder and under the Warrants shall be prepared, in accordance with GAAP. All calculations made for purposes of determining compliance with the terms of this Agreement and the Warrants shall (except as may be expressly provided herein) be made by application of GAAP.
Appears in 4 contracts
Sources: Special Warrant Agreement (Nuco2 Inc /Fl), Special Warrant Agreement (Nuco2 Inc /Fl), Warrant Agreement (Nuco2 Inc /Fl)
Accounting Terms and Determinations. Except as otherwise may be ----------------------------------- expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder any Holder of Warrant shall be prepared, 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 (Frontier Airlines Inc /Co/), Warrant Agreement (Frontier Airlines Inc /Co/), Securities Purchase Agreement (Frontier Airlines Inc /Co/)
Accounting Terms and Determinations. Except as otherwise expressly ----------------------------------- provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP.
Appears in 3 contracts
Sources: Loan Agreement (Southern Pacific Funding Corp), Lending and Credit Support Agreement (Novastar Financial Inc), Loan Agreement (Southern Pacific Funding Corp)
Accounting Terms and Determinations. Except as Unless otherwise expressly provided specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, prepared on a consolidated basis with Borrower's Subsidiaries in accordance with GAAPGAAP as in effect from time to time, applied on a basis consistent with the most recent audited financial statements of Borrower.
Appears in 2 contracts
Sources: Credit Agreement (Iwl Communications Inc), Credit Agreement (Iwl Communications Inc)
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all All accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, prepared in accordance with GAAPGAAP as in effect from time to time.
Appears in 2 contracts
Sources: Loan Agreement (American Mortgage Acceptance Co), Loan Agreement (Centerline Holding Co)
Accounting Terms and Determinations. Except as Unless otherwise expressly provided 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 delivered furnished to any Agent or the Lender Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the Financial Statements. Unless otherwise specified, all amounts referred to herein and in the other Loan Documents are in Dollars.
Appears in 1 contract
Accounting Terms and Determinations. Except as Unless otherwise expressly provided hereinspecified in any Basic Document, all terms of an accounting terms character used herein therein shall be interpreted, all accounting determinations thereunder shall be made, and all any financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder thereunder shall be prepared, in accordance with GAAP.
Appears in 1 contract
Accounting Terms and Determinations. Except as Unless otherwise expressly provided specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, prepared in accordance with GAAPU.S. GAAP applied on a consistent basis.
Appears in 1 contract
Accounting Terms and Determinations. Except as Unless otherwise specified herein (and whether or not expressly provided hereinstated), all accounting terms used herein shall be interpreted, all accounting determinations (including determinations of consolidation) hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, prepared in accordance with GAAP. All determinations under the Financial and Operating Covenants shall be made in Dollars converted in accordance with the provisions hereof, including Section 1.2(e).
Appears in 1 contract
Sources: Common Terms Agreement (Velocom Inc)
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Administrative Agent and the Lenders hereunder shall be prepared, in accordance with GAAP, on a "consistent basis" with those used in the preparation of the financial statements referred to in SECTION 7.
Appears in 1 contract
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms term used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP.
Appears in 1 contract
Sources: Master Loan and Security Agreement (Resource America Inc)
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP.. Warehouse and Security Agreement
Appears in 1 contract
Sources: Warehouse and Security Agreement (Financial Pacific Co)
Accounting Terms and Determinations. Except as otherwise ----------------------------------- expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance accourdance with GAAP.
Appears in 1 contract
Sources: Master Loan and Security Agreement (Imperial Credit Commercial Mortgage Investment Corp)
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to Administrative Agent and the Lender Lenders hereunder shall be prepared, in accordance with GAAP, on a "consistent basis" with those used in the preparation of the financial statements referred to in SECTION 8.
Appears in 1 contract
Accounting Terms and Determinations. Except as Unless otherwise expressly provided specified herein, all terms of an accounting terms character used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP., or with respect to the calculation of Funds From Operations, as required by NAREIT, applied on a basis consistent (except for changes concurred in by the Borrower/Parent's
Appears in 1 contract
Sources: Credit Agreement (Irt Property Co)
Accounting Terms and Determinations. Except as Unless otherwise expressly provided specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, prepared in accordance with with, GAAP.
Appears in 1 contract
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Agent and the Banks hereunder shall be prepared, in accordance with GAAP., on a basis consistent with those used in the preparation of the financial statements referred to in SECTION 7.2
Appears in 1 contract
Accounting Terms and Determinations. Except as otherwise may be expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Holders hereunder and under the Warrants shall be prepared, in accordance with GAAP. All calculations made for the purposes of determining compliance with the terms of this Agreement and the Warrants shall (except as otherwise may be expressly provided herein) be made by application of GAAP, to the extent applicable.
Appears in 1 contract
Sources: Warrant Agreement (Pw Eagle Inc)
Accounting Terms and Determinations. Except as otherwise ----------------------------------- expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAPGAAP as in effect from time to time in the United States.
Appears in 1 contract
Sources: Loan and Security Agreement (National Mortgage Corp)
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender Agent and the Banks hereunder shall be prepared, in accordance with GAAP., on a basis consistent with those used in the preparation of the financial statements referred to in SECTION 8.2
Appears in 1 contract
Accounting Terms and Determinations. Except as ----------------------------------------------- otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP.
Appears in 1 contract
Sources: Master Loan and Security Agreement (New Century Financial Corp)
Accounting Terms and Determinations. Except as Unless otherwise expressly provided specified herein, all accounting terms used herein shall be interpreted, all accounting determinations Credit Agreement 16 26 hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, 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 (Adflex Solutions Inc)
Accounting Terms and Determinations. Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, interpreted and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP.
Appears in 1 contract
Accounting Terms and Determinations. Except as otherwise ----------------------------------- expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender or the Insurer hereunder shall be prepared, in accordance with GAAPGAAP consistently applied.
Appears in 1 contract
Sources: Warehouse and Security Agreement (TFC Enterprises Inc)