Definitions and Accounting and Other Terms Sample Clauses

The "Definitions and Accounting and Other Terms" clause establishes the specific meanings of key terms and accounting concepts used throughout the agreement. It typically clarifies how certain words, phrases, or financial measures should be interpreted, often referencing generally accepted accounting principles or providing custom definitions for terms that may otherwise be ambiguous. By doing so, this clause ensures that all parties have a shared understanding of important terminology, reducing the risk of misunderstandings and disputes over interpretation during the contract's performance.
Definitions and Accounting and Other Terms. 1 Section 1.1.
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Definitions and Accounting and Other Terms. PAGE Section 1.01. Certain Defined Terms 1 Section 1.02. Accounting Terms 26 Section 1.03 Other Terms 26
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Definitions and Accounting and Other Terms. 1 SECTION 1.1. CERTAIN DEFINED TERMS 1 SECTION 1.2. ACCOUNTING TERMS 17 SECTION 1.3. OTHER TERMS 17 ARTICLE 2 - AMOUNT AND TERMS OF THE LOANS 18 SECTION 2.1. THE REVOLVING CREDIT LOANS 18 SECTION 2.2. INTEREST AND FEES 21 SECTION 2.3. NOTATIONS 24 SECTION 2.4. COMPUTATION OF INTEREST 25 SECTION 2.5. TIME OF PAYMENTS AND PREPAYMENTS IN IMMEDIATELY AVAILABLE FUNDS 25 SECTION 2.6. MANDATORY PAYMENT; REDUCTIONS OF COMMITMENTS 27 SECTION 2.7. VOLUNTARY PREPAYMENTS 28 SECTION 2.8. VOLUNTARY PREPAYMENT OF LABOR LOANS 28 SECTION 2.9. VOLUNTARY REDUCTION OF COMMITMENT 28 SECTION 2.10. PAYMENT ON NON-BUSINESS DAYS 28 SECTION 2.11. USE OF PROCEEDS 28 SECTION 2.12. SPECIAL LIBOR LOAN PROVISIONS 29 SECTION 2.13. SPECIAL PROVISIONS RELATING TO LETTERS OF CREDIT 33 SECTION 2.14. ELIGIBLE SUBSIDIARIES 37 SECTION 2.15. SETTLEMENT AMONG LENDERS 38 SECTION 2.16. SWING LOAN FACILITY 40 ARTICLE 3 - CONDITIONS OF LENDING 42 SECTION 3.1. CONDITIONS PRECEDENT TO THE COMMITMENT AND INITIAL LOANS 42 SECTION 3.2. THE COMMITMENT AND THE LOANS 45 ARTICLE 4 - REPRESENTATIONS AND WARRANTIES 45 SECTION 4.1. ORGANIZATION AND EXISTENCE 45 SECTION 4.2. AUTHORIZATION AND ABSENCE OF DEFAULTS 46 SECTION 4.3. ACQUISITION OF CONSENTS 46 SECTION 4.4. VALIDITY AND ENFORCEABILITY 46 SECTION 4.5. FINANCIAL INFORMATION 47 SECTION 4.6. NO LITIGATION 47 SECTION 4.7. REGULATION U 48 SECTION 4.8. ABSENCE OF ADVERSE AGREEMENTS 48 SECTION 4.9. TAXES 48 SECTION 4.10. ERISA 48 SECTION 4.11. OWNERSHIP OF PROPERTIES 48 SECTION 4.12. ACCURACY OF REPRESENTATIONS AND WARRANTIES 49 SECTION 4.13. NO INVESTMENT COMPANY 49 SECTION 4.14. SOLVENCY, ETC. 49 SECTION 4.15. APPROVALS 50 SECTION 4.16. OWNERSHIP INTERESTS 50 SECTION 4.17. LICENSES, REGISTRATIONS, COMPLIANCE WITH LAWS, ETC. 50 SECTION 4.18. PRINCIPAL PLACE OF BUSINESS; BOOKS AND RECORDS 51 SECTION 4.19. SUBSIDIARIES 51 SECTION 4.20. ENVIRONMENTAL COMPLIANCE 51 SECTION 4.21. MATERIAL AGREEMENTS, ETC. 51 SECTION 4.22. PATENTS, TRADEMARKS AND OTHER PROPERTY RIGHTS 52 ARTICLE 5 - COVENANTS 52 SECTION 5.1. PAYMENT OF TAXES, ETC. 52 SECTION 5.2. MAINTENANCE OF INSURANCE 52 SECTION 5.3. PRESERVATION OF EXISTENCE, ETC. 53 SECTION 5.4. COMPLIANCE WITH LAWS, ETC. 53 SECTION 5.5. INSPECTION RIGHTS 53 SECTION 5.6. KEEPING OF RECORDS AND BOOKS OF ACCOUNT 53 SECTION 5.7. MAINTENANCE OF PROPERTIES, ETC. 54 SECTION 5.8. POST-CLOSING ITEMS 54 SECTION 5.9. OTHER DOCUMENTS, ETC. 54 SECTION 5.10. MINIMUM NET WORTH 54 SECTION 5.11. MAXIMUM CASH FLOW LEVERAGE 54 SECTION 5.12. TOTA...
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Definitions and Accounting and Other Terms. 1 SECTION 1.01. CERTAIN DEFINED TERMS 1 SECTION 1.02. ACCOUNTING TERMS 16 SECTION 1.03. OTHER TERMS 16
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Definitions and Accounting and Other Terms 
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Related to Definitions and Accounting and Other Terms

  • ACCOUNTING AND OTHER TERMS Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code to the extent such terms are defined therein.

  • DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION

  • DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION

  • Accounting and Other Administrative Services (a) Provide the day-to-day management of the Company and perform and supervise the various administrative functions reasonably necessary for the management of the Company; (b) From time to time, or at any time reasonably requested by the Board, make reports to the Board on the Advisor’s performance of services to the Company under this Agreement; (c) Make reports to the Conflicts Committee each quarter of the investments that have been made by other programs sponsored by the Advisor or any of its Affiliates, including KBS Realty Advisors LLC, as well as any investments that have been made by the Advisor or any of its Affiliates directly; (d) Provide or arrange for any administrative services and items, legal and other services, office space, office furnishings, personnel and other overhead items necessary and incidental to the Company’s business and operations; (e) Provide financial and operational planning services; (f) Maintain accounting and other record-keeping functions at the Company and investment levels, including information concerning the activities of the Company as shall be required to prepare and to file all periodic financial reports, tax returns and any other information required to be filed with the SEC, the Internal Revenue Service and any other regulatory agency; (g) Maintain and preserve all appropriate books and records of the Company; (h) Provide tax and compliance services and coordinate with appropriate third parties, including the Company’s independent auditors and other consultants, on related tax matters; (i) Provide the Company with all necessary cash management services; (j) Manage and coordinate with the transfer agent the dividend process and payments to Stockholders; (k) Consult with the Company’s officers and the Board and assist the Board in evaluating and obtaining adequate insurance coverage based upon risk management determinations; (l) Provide the Company’s officers and the Board with timely updates related to the overall regulatory environment affecting the Company, as well as managing compliance with such matters, including but not limited to compliance with the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002; (m) Consult with the Company’s officers and the Board relating to the corporate governance structure and appropriate policies and procedures related thereto; (n) Perform all reporting, record keeping, internal controls and similar matters in a manner to allow the Company to comply with applicable law, including federal and state securities laws and the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002; (o) Notify the Board of all proposed material transactions before they are completed; and (p) Do all things necessary to assure its ability to render the services described in this Agreement.

  • Definitions and Other Provisions of General Application SECTION 101.