Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 287 contracts
Sources: Loan and Servicing Agreement (FS Credit Real Estate Income Trust, Inc.), Loan and Servicing Agreement (AMG Comvest Senior Lending Fund), Loan and Security Agreement (Credit Acceptance Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 193 contracts
Sources: Omnibus Amendment and Reaffirmation Agreement (Dominos Pizza Inc), Management Agreement (Dominos Pizza Inc), Assignment and Acceptance Agreement and Amendment (United Rentals North America Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9therein.
Appears in 25 contracts
Sources: Loan and Security Agreement (FS KKR Capital Corp), Loan, Security and Servicing Agreement (Monroe Capital Income Plus Corp), Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9UCC.
Appears in 14 contracts
Sources: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 9.
Appears in 11 contracts
Sources: Trade Receivables Sale Agreement (Energy Future Competitive Holdings CO), Receivables Purchase Agreement (Polyone Corp), Receivables Sale Agreement (Crown Holdings Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. EXHIBIT II
Appears in 6 contracts
Sources: Loan and Security Agreement (Mim Corp), Receivables Purchase and Transfer Agreement (Mim Corp), Loan and Security Agreement (Matria Healthcare Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and not used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 6 contracts
Sources: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.), Loan and Security Agreement (Americredit Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State state of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 5 contracts
Sources: Facility Agreement (AB Private Credit Investors Corp), Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (North Haven Private Income Fund LLC)
Other Terms. All Except as otherwise provided herein, all accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9..
Appears in 4 contracts
Sources: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of in the UCC in the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 9.
Appears in 4 contracts
Sources: Receivables Sale Agreement (Polyone Corp), Receivables Contribution and Sale Agreement (Crown Holdings Inc), Receivables Sale Agreement (Polyone Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, as applicable, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 4 contracts
Sources: Note Purchase Agreement (First International Bancorp Inc), Note Purchase Agreement (MCG Capital Corp), Note Purchase Agreement (MCG Capital Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP, as in effect from time to time. All terms used in Article 9 of the UCC in the State of New YorkYork UCC, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 4 contracts
Sources: Purchase and Sale Agreement (Monroe Capital Income Plus Corp), Purchase and Sale Agreement (Monroe Capital Income Plus Corp), Purchase and Sale Agreement (Apollo Debt Solutions BDC)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State States of New YorkYork and Connecticut, as applicable, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 4 contracts
Sources: Loan Purchase and Servicing Agreement (First International Bancorp Inc), Loan Purchase and Servicing Agreement (First International Bancorp Inc), Loan Purchase and Servicing Agreement (First International Bancorp Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in effect in the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 9therein.
Appears in 3 contracts
Sources: Note Purchase Agreement (American Finance Group Inc /De/), Note Purchase Agreement (Willis Lease Finance Corp), Note Purchase Agreement (PLM International Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. EXHIBIT II. CONDITIONS OF REVOLVING ADVANCES
Appears in 3 contracts
Sources: Loan and Security Agreement (Physicians Clinical Laboratory Inc), Loan and Security Agreement (Nu Tech Bio Med Inc), Loan and Security Agreement (Staff Builders Inc /De/)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. All capitalized terms used herein but not defined herein have the meanings specified in the RFA.
Appears in 3 contracts
Sources: Purchase and Contribution Agreement (Herc Holdings Inc), Purchase and Contribution Agreement (Herc Holdings Inc), Purchase and Contribution Agreement (Herc Holdings Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, York and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 3 contracts
Sources: Warehouse Note Purchase and Security Agreement (Nelnet Inc), Warehouse Loan and Security Agreement (Nelnet Inc), Asset Backed Loan Agreement (Ikon Office Solutions Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. EXHIBIT II.
Appears in 2 contracts
Sources: Loan and Security Agreement (Perennial Health Systems Inc), Loan and Security Agreement (Community Care of America Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New YorkUCC, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 2 contracts
Sources: Servicing Agreement (American Color Graphics Inc), Contribution and Sale Agreement (American Color Graphics Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAPApplicable Accounting Principles. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 2 contracts
Sources: Loan and Servicing Agreement (White Mountains Insurance Group LTD), Loan and Servicing Agreement (White Mountains Insurance Group LTD)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAPGAAP or IFRS, as applicable. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Blue Owl Technology Finance Corp.), Loan and Servicing Agreement (Business Development Corp of America)
Other Terms. All accounting terms used but not specifically defined herein shall will be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 99 from time to time in effect.
Appears in 2 contracts
Sources: Revolving Loan Agreement (Owl Rock Core Income Corp.), Revolving Loan Agreement (TP Flexible Income Fund, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article Articles 8 and 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article Articles 8 and 9.
Appears in 2 contracts
Sources: Master Repurchase Agreement (Quadra Realty Trust, Inc.), Master Repurchase Agreement (Municipal Mortgage & Equity LLC)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New YorkYork UCC, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.therein. USActive 58384645.1158384645.12
Appears in 1 contract
Sources: Omnibus Amendment to Transaction Documents (Phillip Street Middle Market Lending Fund LLC)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in effect in the State state of New York, York and used but not specifically defined herein, are used herein as defined in such Article 9therein.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of in the UCC in of the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 9.
Appears in 1 contract
Sources: Receivables Contribution and Sale Agreement (Worldcom Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC Uniform Commercial Code (the "UCC") in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. All other capitalized terms used but not otherwise defined in this Agreement shall have the same defined meanings as set forth in the LSA.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Business Development Corp of America)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAPGAAP or IFRS, as applicable, with respect to the related Person. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Sources: Omnibus Amendment (Blue Owl Technology Finance Corp. II)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. The word "
Appears in 1 contract
Sources: Receivables Credit Agreement (Fidelity Leasing Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article Articles 8 and 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article Articles 8 and 9.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, as in effect on the date hereof and used but not specifically defined herein, are used herein as defined in such Article 9.are
Appears in 1 contract
Sources: Receivables Purchase Agreement (Medco Health Solutions Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 8 and Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9therein.
Appears in 1 contract
Sources: Loan and Security Agreement (Crescent Capital BDC, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 99 .
Appears in 1 contract
Sources: Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in of the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 9.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in of the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.Article
Appears in 1 contract
Sources: Receivables Purchase and Servicing Agreement (Sunbeam Corp/Fl/)
Other Terms. All accounting terms used but not specifically defined ----------- herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in of the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.Article
Appears in 1 contract
Sources: Receivables Transfer Agreement (New Pameco Georgia Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Sources: Receivables Transfer Agreement (Georgia Gulf Corp /De/)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. {S2747401; 10}
Appears in 1 contract
Sources: Loan and Servicing Agreement (Prospect Capital Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. 50 DMSLIBRARY01\30388519.v8
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in ----------- Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Sources: Receivables Purchase Agreement (Lennox International Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.the UCC of the State of New York
Appears in 1 contract
Sources: Receivables Loan and Security Agreement (Maxtor Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.therein. [Investcorp] Loan and Security Agreement
Appears in 1 contract
Sources: Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAPGAAP as in effect on the date hereof. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State state of New York, and not used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Sources: Purchase and Sale Agreement (NewStar Financial, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9IX.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined ----------- herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Sources: Receivables Loan and Security Agreement (Healthcare Financial Partners Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. LEGAL02/42958175v30 a
Appears in 1 contract
Sources: Receivables Loan and Security Agreement (Oportun Financial Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9..
Appears in 1 contract
Sources: Receivables Purchase Agreement (Fresenius Medical Care AG & Co. KGaA)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Guaranty and Security Agreement.
Appears in 1 contract
Sources: Note Purchase Agreement (Belk Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, as in effect on the date hereof and used but not specifically defined herein, are used herein as defined in such Article 9.. Unless otherwise expressly indicated, all references
Appears in 1 contract
Sources: Receivables Loan Agreement (TRW Automotive Holdings Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.of the UCC of the State of New York
Appears in 1 contract
Sources: Receivables Loan and Security Agreement (Maxtor Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. EXHIBIT II CONDITIONS OF REVOLVING LOANS
Appears in 1 contract
Sources: Loan and Security Agreement (Five Star Quality Care Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All Unless specified otherwise, all terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 99 of the UCC as in effect in the relevant jurisdiction.
Appears in 1 contract
Sources: Securities Funding Agreement (Union Acceptance Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. All other capitalized terms used but not otherwise defined in this Agreement shall have the same defined meanings as set forth in the Credit Agreement.
Appears in 1 contract
Sources: Contribution Agreement (T Series Middle Market Loan Fund LLC)
Other Terms. All accounting terms used but not specifically defined ----------- herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in of the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. All hourly references herein shall refer to New York City
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State state of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Sources: Receivables Loan and Security Agreement (Us Home Systems Inc /Tx)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Sources: Loan Sale and Contribution Agreement (Overland Advantage)