Rules of Construction. Unless the context otherwise requires: (1) a term has the meaning assigned to it; (2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 1112 contracts
Sources: Indenture (LSB Industries Inc), Indenture (CVR Energy Inc), Indenture (Targa Resources Partners LP)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(c) “or” is not exclusive;
Appears in 549 contracts
Sources: Indenture (Lindblad Expeditions Holdings, Inc.), Indenture (XBP Global Holdings, Inc.), Indenture (Pagaya Technologies Ltd.)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(3) “or” is not exclusive;
Appears in 523 contracts
Sources: Indenture (Viavi Solutions Inc.), Indenture (Community Health Systems Inc), Indenture (CoreWeave, Inc.)
Rules of Construction. Unless the context otherwise requires:
(1i) a term has the meaning assigned to it;
(2ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles as in effect from time to time;
Appears in 480 contracts
Sources: Indenture (School Specialty Inc), Indenture (Greenpoint Mortgage Funding Trust 2005-He3), Indenture (Home Loan Trust 2006-Hi5)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 334 contracts
Sources: Indenture (Better Home & Finance Holding Co), Indenture (Fortrea Holdings Inc.), Indenture (Sunoco, LLC)
Rules of Construction. Unless the context otherwise requires:
(1i) a term has the meaning assigned to it;
(2ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 164 contracts
Sources: Indenture (Harley Davidson Motorcycle Trust 2025-A), Indenture (Harley Davidson Motorcycle Trust 2025-A), Indenture (Harley-Davidson Customer Funding Corp.)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to itit herein, whether defined expressly or by reference;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 98 contracts
Sources: Indenture (Lamar Advertising Co/New), Indenture (Lamar Electrical Inc), Indenture (Business Sound Inc)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles as in effect from time to time;
Appears in 77 contracts
Sources: Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in effect from time to time, and any other reference in this Indenture to "generally accepted accounting principles" refers to GAAP;
Appears in 66 contracts
Sources: Indenture (Hermes Europe Railtel B V), Indenture (Manischewitz B Co LLC), Indenture (St John Knits Inc)
Rules of Construction. Unless the context otherwise requires:
(1i) a term has the meaning assigned to it;
(2ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(iii) “or” is not exclusive;
Appears in 61 contracts
Sources: Indenture (Carnival PLC), Indenture (Jefferson Capital, Inc. / DE), Indenture (Jefferson Capital, Inc. / DE)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(3) or" is not exclusive;
Appears in 59 contracts
Sources: Indenture (Hallandale Commercial Corp.), Indenture (TexCal Energy (LP) LLC), Indenture (Molson Coors Brewing Co)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles;
Appears in 56 contracts
Sources: Indenture (Usa Education Inc), Supplemental Indenture (Firstplus Financial Group Inc), Indenture (Lexington Precision Corp)
Rules of Construction. (a) Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(3) “or” is not exclusive;
Appears in 38 contracts
Sources: Indenture (Trump Media & Technology Group Corp.), Indenture (Owens & Minor Inc/Va/), Indenture (Ryan Specialty Holdings, Inc.)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(c) “or” is not exclusive;
Appears in 32 contracts
Sources: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Albertsons Companies, Inc.)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP consistently applied;
Appears in 28 contracts
Sources: Indenture (Intevac Inc), Indenture (NTL Delaware Inc), Bridge Loan Agreement (NTL Inc /De/)
Rules of Construction. Unless the context otherwise requires:
(1i) a term has the meaning assigned to it;
(2ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(iii) or" is not exclusive;
Appears in 27 contracts
Sources: Indenture (Memc Electronic Materials Inc), Indenture (Lear Corp /De/), Indenture (H&r Block Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to itit herein;
(2) an accounting term not otherwise defined herein has the meaning assigned to it in accordance with GAAP;
Appears in 26 contracts
Sources: Indenture (Target Hospitality Corp.), Indenture (WillScot Corp), Indenture (WillScot Corp)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP as in effect on the date hereof;
Appears in 24 contracts
Sources: Securities Purchase Agreement (Wilson Greatbatch Technologies Inc), Indenture (Stuart Entertainment Inc), Indenture (Management Solutins Inc/)
Rules of Construction. Unless the context otherwise --------------------- requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 23 contracts
Sources: Indenture (Global Imaging Systems Inc), Indenture (Morrison Knudsen Corp//), Indenture (Sailors Inc)
Rules of Construction. Unless For purposes of this Indenture, except as otherwise expressly provided herein or unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 22 contracts
Sources: Indenture (Expedia Group, Inc.), Indenture (Expedia Group, Inc.), Indenture (Expedia Group, Inc.)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles in the United States as in effect from time to time;
Appears in 22 contracts
Sources: Indenture (Gtech Holdings Corp), Indenture (Amerus Group Co/Ia), Indenture (Aimco Properties Lp)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP of any date of determination;
Appears in 21 contracts
Sources: Indenture (Kci New Technologies Inc), Indenture (LNR Property Corp), Indenture (Canadian Abraxas Petroleum LTD)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP or IFRS, if applicable;
(c) “or” is not exclusive;
Appears in 20 contracts
Sources: Indenture (CommScope Holding Company, Inc.), Indenture (Ii-Vi Inc), Indenture (CommScope Holding Company, Inc.)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPIFRS;
(c) “or” is not exclusive;
Appears in 18 contracts
Sources: Indenture, Indenture (Constellium Se), Indenture
Rules of Construction. Unless the context otherwise ---------------------- requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 18 contracts
Sources: Exchange Indenture (Century Maintenance Supply Inc), Indenture (Hudson Respiratory Care Inc), Indenture (Nabco Inc /Mi/)
Rules of Construction. Unless the context otherwise requires:requires or except as otherwise expressly provided,
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 16 contracts
Sources: Indenture (Compaq Computer Corp), Indenture (Keystone Marketing Services Inc), Indenture (Allegheny Technologies Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPU.S. GAAP as in effect on the Issue Date;
(3) “or” is not exclusive;
Appears in 16 contracts
Sources: Indenture (Bungeltd), Indenture (Bungeltd), Indenture Agreement (Bunge Limited Finance Corp)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles;
Appears in 16 contracts
Sources: Indenture (Netbank Inc), Indenture (Santarus Inc), Indenture (Kramont Realty Trust)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to itit herein;
(2) an accounting term not otherwise defined herein has the meaning assigned to it in accordance with under GAAP;
Appears in 15 contracts
Sources: Indenture (Ameriking Inc), Indenture (Katz Media Group Inc), Indenture (Chancellor Media Corp of Los Angeles)
Rules of Construction. Unless the context otherwise requires:
(1i) a term has the meaning assigned to it;
(2ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 14 contracts
Sources: Indenture (Savient Pharmaceuticals Inc), Indenture (Kv Pharmaceutical Co /De/), Indenture (Harman International Industries Inc /De/)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP as in effect on the Issue Date;
Appears in 13 contracts
Sources: Indenture (Cambridge Industries Inc /De), Indenture (Caterair International Inc /Ii/), Indenture (Superior Financial Corp /Ar/)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has herein and accounting terms partly defined herein, to the meaning assigned extent not defined, shall have the respective meanings given to it them under GAAP as in accordance with GAAPeffect from time to time;
(c) “or” is not exclusive;
Appears in 12 contracts
Sources: Indenture (Landmark Infrastructure Partners LP), Secured Data Center Revenue Notes, Series 2021 1 (Landmark Infrastructure Partners LP), Indenture Supplement (Landmark Infrastructure Partners LP)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it and shall be construed in accordance with GAAP;
(3) “or” is not exclusive;
Appears in 12 contracts
Sources: Indenture (Rh), Indenture (Rh), Indenture (WEIBO Corp)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(c) or" is not exclusive;
Appears in 11 contracts
Sources: Indenture (Party City Holdco Inc.), Indenture (Party City Holdco Inc.), Indenture (Party City Holdco Inc.)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term terms not otherwise defined has herein and accounting terms partly defined herein, to the meaning assigned extent not defined, shall have the respective meanings given to it them under GAAP as in accordance with GAAPeffect from time to time;
(c) “or” is not exclusive;
Appears in 11 contracts
Sources: Indenture Supplement (Cogent Communications Holdings, Inc.), Supplemental Indenture (Frontier Communications Parent, Inc.), Secured Fiber Network Revenue Term Notes, Series 2024 1 (Frontier Communications Parent, Inc.)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. GAAP;
(3) “or” is not exclusive;
Appears in 11 contracts
Sources: Indenture (Coeur Mining, Inc.), Indenture (Coeur Mining, Inc.), Indenture (Bunge LTD)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 11 contracts
Sources: Indenture (Autotote Corp), Indenture (Scientific Games Corp), Indenture (Leslies Poolmart Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPIFRS;
(3) “or” is not exclusive;
Appears in 11 contracts
Sources: Indenture (Cemex Sab De Cv), Indenture, Indenture (Atento S.A.)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP as in effect from time to time;
(c) “or” is not exclusive;
Appears in 10 contracts
Sources: Indenture (Central European Distribution Corp), Indenture (Central European Distribution Corp), Indenture (Latchey LTD)
Rules of Construction. (a) Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 10 contracts
Sources: Indenture (Cheniere Energy Partners, L.P.), Senior Indenture (Metricom Inc / De), Indenture (360networks Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;GAAP;
(3) “or” is not exclusive;
Appears in 9 contracts
Sources: Agency Agreement (Booking Holdings Inc.), Indenture (Skillz Inc.), Indenture (RLJ Lodging Trust)
Rules of Construction. Unless the context otherwise requires:
(1a) a Each capitalized term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 9 contracts
Sources: Junior Indenture (Heco Capital Trust Ii), Junior Indenture (Heco Capital Trust I), Junior Indenture (Heco Capital Trust I)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term term, not otherwise defined defined, has the meaning assigned to it in accordance with GAAP;
Appears in 9 contracts
Sources: Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc), Indenture (Key Production Co Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a Each capitalized term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 9 contracts
Sources: Indenture (Pseg Power Capital Trust V), Indenture (Public Service Enterprise Group Inc), Indenture (Public Service Enterprise Group Inc)
Rules of Construction. Unless the context otherwise requires:
requires (1a) a term used herein has the meaning assigned to it;
, and (2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;.
Appears in 9 contracts
Sources: Agreement and Plan of Reorganization (German American Bancorp, Inc.), Agreement and Plan of Reorganization (German American Bancorp, Inc.), Merger Agreement (German American Bancorp, Inc.)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principals as of the date of this Indenture;
Appears in 8 contracts
Sources: Indenture Agreement (Sovereign Credit Finance Ii Inc), Indenture (Sovereign Credit Finance Ii Inc), Indenture (Sovereign Credit Finance I Inc)
Rules of Construction. Unless the context otherwise requires:
: (1) a term has the meaning assigned to it;
it in this Indenture; (2) an accounting term not otherwise defined herein has the meaning assigned to it in accordance with under GAAP;; (3) "
Appears in 8 contracts
Sources: Indenture (Phonetel Technologies Inc), Indenture (Agro Air Associates Inc), Indenture (Phonetel Technologies Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) unless otherwise expressly provided in this Indenture, an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP and all financial computations required under this Indenture shall be made in accordance with GAAP;
Appears in 8 contracts
Sources: Indenture (Toyota Auto Lease Trust 1998 C), Indenture (Toyota Motor Credit Corp), Indenture (Toyota Auto Lease Trust 1997-A)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. GAAP;
Appears in 8 contracts
Sources: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V), Indenture (Black & Decker Corp)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned ascribed to it;
(2) an accounting term not otherwise defined has the meaning assigned ascribed to it in accordance with GAAP;
(3) “of” is not exclusive;
Appears in 8 contracts
Sources: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)
Rules of Construction. Unless the context otherwise requires:
(1) . a term has the meaning assigned to it;
(2) . an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP as in effect on the date hereof;
Appears in 8 contracts
Sources: Indenture (Hawk Motors Inc), Indenture (Hutchinson Products Corp), Indenture (Icn Pharmaceuticals Inc)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an generally accepted accounting principles" means, and any accounting term not otherwise defined has the meaning assigned to it and shall be construed in accordance with with, GAAP;
Appears in 8 contracts
Sources: Indenture (Calpine Corp), Indenture (Calpine Canada Energy Finance Ulc), Indenture (Calpine Canada Energy Finance Ulc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP and all accounting calculations will be determined in accordance with such principles;
Appears in 7 contracts
Sources: Indenture (Rev Holdings LLC), Indenture (Rev Holdings LLC), Indenture (Golden State Holdings Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a defined term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPUnited States generally accepted accounting principles as in effect from time to time;
Appears in 7 contracts
Sources: Indenture (Alaska Air Group Inc), Indenture (Mesa Air Group Inc), Indenture (CBRL Group Inc)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPIFRS;
Appears in 6 contracts
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPaccounting principles generally accepted in the United States as in effect from time to time;
Appears in 6 contracts
Sources: Indenture (Cray Inc), Indenture (Komag Inc /De/), Indenture (Pharmaceutical Resources Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it it, and all accounting determinations shall be made, in accordance with GAAP;
Appears in 6 contracts
Sources: Indenture (Charter Communications Inc /Mo/), Indenture (CCH Ii Capital Corp), Indenture (Charter Communications Inc /Mo/)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with Mexican GAAP;
(c) “or” is not exclusive;
Appears in 6 contracts
Sources: Indenture (Mexican Cellular Holding, Inc.), Indenture (Grupo Iusacell Sa De Cv), Indenture (Iusacell S a De C V)
Rules of Construction. (a) Unless the context otherwise requires:
(1i) a term has the meaning assigned to it;
(2ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(iii) “or” is not exclusive;
Appears in 6 contracts
Sources: Indenture (Macy's, Inc.), Indenture (Foresight Energy LP), Indenture (Foresight Energy LP)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPUnited States generally accepted accounting principles as in effect from time to time;
Appears in 6 contracts
Sources: Indenture (Laboratory Corp of America Holdings), Indenture Agreement (CNL Hospitality Properties Inc), Indenture (SPX Corp)
Rules of Construction. Unless the context otherwise requires:,
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 6 contracts
Sources: Indenture (Akumin Inc.), Restructuring Support Agreement (Akumin Inc.), Indenture (Akumin Inc.)
Rules of Construction. Unless For purposes of this Indenture, except as otherwise expressly provided herein or unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 6 contracts
Sources: Indenture (Hess Midstream LP), Indenture (Hess Midstream LP), Indenture (Hess Midstream LP)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP as of any date of determination;
Appears in 5 contracts
Sources: Indenture (Standard Commercial Corp), Indenture (XCL LTD), Indenture (National Vision Inc)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. GAAP;
(c) “or” is not exclusive;
Appears in 5 contracts
Sources: Indenture (Gw Pharmaceuticals PLC), Indenture (Stanley Works), Indenture (Stanley Works)
Rules of Construction. Unless the context otherwise requires:
(1) a. a term has the meaning assigned to it;
(2) b. an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 5 contracts
Sources: Indenture (Phillips Edison & Company, Inc.), Merger Agreement (Ascent Pediatrics Inc), Loan and Investment Agreement (Healthcomp Evaluation Services Corp)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined herein has the meaning assigned to it in accordance with GAAP;
Appears in 5 contracts
Sources: Senior Note Indenture (Ball Corp), Indenture (Simmons Co /Ga/), Amended and Restated Senior Subordinated Note Indenture (Ball Corp)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles as in effect in the United States from time to time;
Appears in 5 contracts
Sources: Trust Agreement (Core Bond Products LLC), Trust Agreement (Core Bond Products LLC), Indenture (Ace Securities Corp Home Loan Trust 1999 a Asset Backed Note)
Rules of Construction. Unless the context --------------------- otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 5 contracts
Sources: Indenture (Spectrasite Holdings Inc), Indenture Agreement (Levi Strauss & Co), Senior Indenture (Plains All American Pipeline Lp)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(c) references to "GAAP" shall mean GAAP in effect as of the time when and for the period as to which such accounting principles are to be applied;
Appears in 5 contracts
Sources: Indenture (Midcom Communications Inc), Indenture (Host Marriott Trust), Indenture (American Spectrum Realty Inc)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP as in effect from time to time;
Appears in 5 contracts
Sources: Indenture (Profit Recovery Group International Inc), Indenture (Gillette Co), Indenture (Finisar Corp)
Rules of Construction. Unless the context otherwise requires:
(1) a. a term has the meaning assigned to it;
(2) b. an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
c. “or” is not exclusive;
Appears in 4 contracts
Sources: Indenture (Tempur Sealy International, Inc.), Indenture (Tempur Sealy International, Inc.), Indenture
Rules of Construction. Unless otherwise expressly stated or the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(3) “or” is not exclusive;
(4) the words” including,” “includes” and similar words shall be deemed to be followed by “without limitation”;
Appears in 4 contracts
Sources: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Rules of Construction. (a) Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined herein has the meaning assigned to it in accordance with GAAP;
Appears in 4 contracts
Sources: Indenture (Coventry Health Care Inc), Indenture (Coventry Health Care Inc), Indenture (Coventry Health Care Inc)
Rules of Construction. Unless the context otherwise requires:
(1A) a term has the meaning assigned to it;
(2B) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(C) “or” is not exclusive;
Appears in 4 contracts
Sources: Indenture (Patrick Industries Inc), Indenture (Patrick Industries Inc), Indenture (Itron Inc /Wa/)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP as in effect from time to time;
Appears in 4 contracts
Sources: Indenture (Fruit of the Loom LTD), Indenture (Applied Power Inc), Indenture (Nm Licensing LLC)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP on any date of determination;
Appears in 4 contracts
Sources: Indenture (Universal Compression Holdings Inc), Indenture (Universal Compression Inc), Indenture (Sickinger Co)
Rules of Construction. Unless the context otherwise requiresrequires or except as otherwise expressly provided:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(c) “or” is not exclusive;
Appears in 4 contracts
Sources: Indenture (Yum Brands Inc), Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to itit herein and all terms defined in the Original Indenture (but not otherwise defined herein) have the meanings assigned to them therein;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP and all accounting determinations shall be made in accordance with GAAP;
Appears in 4 contracts
Sources: Supplemental Indenture (Zion Oil & Gas Inc), Supplemental Indenture (PDL Biopharma, Inc.), Supplemental Indenture (Brookdale Senior Living Inc.)
Rules of Construction. Unless the context otherwise requiresrequires otherwise:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it and will be construed in accordance with U.S. GAAP;
(3) “or” is not exclusive;
Appears in 4 contracts
Sources: Indenture (Protalix BioTherapeutics, Inc.), Indenture (Medicine Man Technologies, Inc.), Indenture (Protalix BioTherapeutics, Inc.)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared in accordance with GAAP as defined herein, and an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP as defined herein;
(c) “or” is not exclusive;
Appears in 4 contracts
Sources: Indenture (Egalet Corp), Indenture (Egalet Us Inc.), Indenture (Egalet Corp)
Rules of Construction. Unless the context otherwise requiresrequires or unless otherwise stated herein:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 4 contracts
Sources: Indenture (Lomak Petroleum Inc), Indenture (Hybridon Inc), Purchase Agreement (Kapson Senior Quarters Corp)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP as in effect as of the date hereof;
Appears in 4 contracts
Sources: Indenture (PRG Schultz International Inc), Indenture (PRG Schultz International Inc), Indenture (PRG Schultz International Inc)
Rules of Construction. Unless the context otherwise --------------------- requires:
: (1i) a term has the meaning assigned to it;
; (2ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;generally
Appears in 3 contracts
Sources: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles in effect on the date of execution of this Indenture;
Appears in 3 contracts
Sources: Indenture (Enstar Inc), Indenture (Enstar Inc), Indenture (Enstar Inc)
Rules of Construction. Unless For all purposes of this Indenture, except as otherwise expressly provided or unless the context otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 3 contracts
Sources: Indenture (Collins & Aikman Corp), Exhibit (Interface Inc), Indenture (Dana Corp)
Rules of Construction. Unless the context otherwise ------------------------------------ requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPUnited States generally accepted accounting principles as in effect from time to time;
Appears in 3 contracts
Sources: Indenture (Marriott International Inc /Md/), Indenture (Lowes Companies Inc), Indenture (Lowes Companies Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
(3) “or” is not exclusive;
Appears in 3 contracts
Sources: Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.)
Rules of Construction. Unless the context otherwise requires:
(1a) a term has the meaning assigned to it;it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;GAAP;
(c) “or” is not exclusive;
Appears in 3 contracts
Sources: Indenture (Stagwell Inc), Indenture, Indenture
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with Thai GAAP or U.S. GAAP;
Appears in 3 contracts
Sources: Indenture (NSM Steel Co LTD), Indenture (NSM Steel Co LTD), Indenture (NSM Steel Co LTD)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP in effect on the date hereof;
Appears in 3 contracts
Sources: Indenture (Trans World Airlines Inc /New/), Indenture (Brand Scaffold Services Inc), Indenture (Hard Rock Hotel Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles in effect on the date of this Indenture;
Appears in 3 contracts
Sources: Indenture (Tci Communications Financing Iv), Indenture (Ohio Edison Financing Trust Ii), Indenture (Tci Communications Financing Vi)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles as in effect from time to time unless reference to GAAP is made with respect to any specific accounting term;
Appears in 3 contracts
Sources: Indenture (Ric Holding Inc), Indenture (Riverwood Holding Inc), Indenture (Riverwood Holding Inc)
Rules of Construction. Unless the context otherwise ---------------------- requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 3 contracts
Sources: Indenture (Wki Holding Co Inc), Indenture (Commercial Aggregates Transportation & Sales LLC), Indenture (Kansas City Southern Industries Inc)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 3 contracts
Sources: Indenture (Appalachian Realty Co), Indenture (Nci Building Systems Inc), Indenture (Appalachian Realty Co)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to itit herein;
(2) an accounting term not otherwise defined herein has the meaning assigned to it in accordance with GAAP;
Appears in 3 contracts
Sources: Supplemental Indenture (Century Parking Inc), Supplemental Indenture (Apcoa Inc), Indenture (Standard Parking Ii LLC)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it and shall be construed in accordance with "U.S. GAAP";
Appears in 3 contracts
Sources: Indenture (Xl Capital LTD), Indenture (Xl Capital LTD), Indenture (Xl Capital LTD)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
; (2) an accounting term not otherwise defined herein has the meaning assigned to it in accordance with GAAP;
Appears in 2 contracts
Sources: Senior Subordinated Note Indenture (Ball Corp), Senior Note Indenture (Ball Corp)
Rules of Construction. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPGAAP in the United States;
Appears in 2 contracts
Sources: Indenture (Kronos International Inc), Indenture (Sassco Fashions LTD /De/)
Rules of Construction. Unless the context --------------------- otherwise requires:
(1a) a term has the meaning assigned to it;
(2b) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
Appears in 2 contracts
Sources: Indenture (Kansas City Southern Industries Inc), Indenture (Armkel LLC)
Rules of Construction. Unless the context otherwise --------------------- requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAPUnited States generally accepted accounting principles;
Appears in 2 contracts
Sources: Indenture (Electronic Data Systems Corp /De/), Indenture (Electronic Data Systems Corp /De/)