Rules of Construction. Unless the context otherwise requires: (i) a term has the meaning assigned to it; (ii) 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; (iii) “or” is not exclusive;
Appears in 50 contracts
Sources: Supplemental Indenture (American Tower Corp /Ma/), Supplemental Indenture (American Tower Corp /Ma/), Supplemental Indenture (American Tower Corp /Ma/)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles;
(c) references to "generally accepted accounting principles" shall mean generally accepted accounting principles in effect from as of the time when and for the period as to timewhich such accounting principles are to be applied;
(iii) “or” is not exclusive;
Appears in 48 contracts
Sources: Subordinated Indenture (Imperial Eagle Shipping LLC), Senior Indenture (Imperial Eagle Shipping LLC), Indenture (Chartered Semiconductor Manufacturing LTD)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles in effect from time to time;
(iii) “or” is not exclusive;
Appears in 44 contracts
Sources: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Indenture (Zuora Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 32 contracts
Sources: Indenture (Sierra Health Services Inc), Indenture (Network Associates Inc), Indenture (Atmel Corp)
Rules of Construction. (a) Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States of America as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 28 contracts
Sources: Indenture (RG&E Storm Funding LLC), Indenture (NYSEG Storm Funding LLC), Indenture (RG&E Storm Funding LLC)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 28 contracts
Sources: Indenture (Hyundai Auto Receivables Trust 2015-C), Indenture (Hyundai Auto Receivables Trust 2015-B), Indenture (Hyundai Auto Receivables Trust 2015-A)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in effect from time to timeIFRS;
(iii) “or” is not exclusive;
Appears in 27 contracts
Sources: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.)
Rules of Construction. Unless the context otherwise --------------------- requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 20 contracts
Sources: Indenture (TFC Enterprises Inc), Indenture (World Omni Auto Receivables LLC), Indenture (Ml Asset Backed Corp)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect in the United States from time to time;
(iii) “or” is not exclusive;
Appears in 18 contracts
Sources: Indenture (Painewebber Mort Accept Corp Iv Ditech Home Loan Ownr 1998-1), Indenture (Master Financial Asset Securitization Trust 1998-2), Indenture (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” " is not exclusive;
Appears in 15 contracts
Sources: Indenture (Opteum Mortgage Acceptance CORP), Indenture (Harley Davidson Customer Funding Corp), Indenture (Daimlerchrysler Services North America LLC)
Rules of Construction. (a) Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 14 contracts
Sources: Indenture (CarMax Auto Owner Trust 2015-4), Indenture (CarMax Auto Owner Trust 2015-3), Indenture (CarMax Auto Owner Trust 2015-2)
Rules of Construction. Unless the context text otherwise requires:
(i) a defined term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 14 contracts
Sources: Warrant Agreement (Intersil Corp), Warrant Agreement (Truetime Inc), Warrant Agreement (Iridium LLC)
Rules of Construction. Unless For the purposes of this Indenture, unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles in effect from time to timeprinciples;
(iii) “or” is not exclusive;
Appears in 13 contracts
Sources: Subordinated Indenture (Pennsylvania Real Estate Investment Trust), Senior Indenture (Harleysville Group Inc), Senior Subordinated Indenture (Kulicke & Soffa Industries Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States of America as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 13 contracts
Sources: Indenture (Kentucky Power Cost Recovery LLC), Indenture (Kentucky Power Cost Recovery LLC), Indenture (Kentucky Power Cost Recovery LLC)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States of America as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 13 contracts
Sources: Indenture (Appalachian Consumer Rate Relief Funding LLC), Indenture (Appalachian Consumer Rate Relief Funding LLC), Indenture (Appalachian Consumer Rate Relief Funding LLC)
Rules of Construction. Unless the text or context otherwise requires:
(i) a defined term has the meaning assigned to itit herein;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 13 contracts
Sources: Warrant Agreement (Diana Shipping Inc.), Warrant Agreement (Diana Shipping Inc.), Warrant Agreement (Triumph Group Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusive" includes "and/or";
Appears in 11 contracts
Sources: Indenture (GMACM Home Loan Trust 2006-Hltv1), Indenture (GMACM Home Equity Loan Trust 2007-He1), Indenture (GMACM Home Equity Loan Trust 2006-He3)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in effect from time to timeon the date hereof;
(iii) “or” is not exclusive;
Appears in 11 contracts
Sources: Indenture (Acclaim Entertainment Inc), Indenture (Pembroke Falls Realty Trust), Indenture (Gilead Sciences Inc)
Rules of Construction. Unless the context text otherwise requires:
(ia) a defined term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon the date hereof;
(iiic) “or” is not exclusive;
Appears in 9 contracts
Sources: Warrant Agreement, Warrant Agreement, Warrant Agreement (Contura Energy, Inc.)
Rules of Construction. Unless the context otherwise requires:
requires (ia) a term used herein has the meaning assigned to it;
, and (iib) 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;
(iii) “or” is not exclusive;principles.
Appears in 9 contracts
Sources: Merger Agreement (German American Bancorp, Inc.), Merger Agreement (German American Bancorp), Merger Agreement (German American Bancorp, Inc.)
Rules of Construction. Unless the context otherwise requires:
(iA) a term has the meaning assigned to it;
(iiB) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 8 contracts
Sources: Indenture (CIT Equipment Collateral 2004-Ef1), Indenture (Cit Equipment Collateral 2004-Vt1), Indenture (Cit Equipment Collateral 2003-Vt1)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with accounting principles generally accepted accounting principles in effect from time to timethe United States;
(iiic) “or” is not exclusive;
Appears in 8 contracts
Sources: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned given to it;
(ii) an accounting term not otherwise defined has the meaning assigned given to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusiveby its use intended to exclude all other items;
Appears in 7 contracts
Sources: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned as signed to it in accordance with generally accepted accounting principles in effect from time to timeprinciples;
(iii) “or” is not exclusive;
Appears in 7 contracts
Sources: Indenture (Circus Circus Enterprises Inc), Indenture (Circus Circus Enterprises Inc), Indenture (Circus Circus Enterprises Inc)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles in effect from time to time;
(iii) “or” " is not exclusive;
Appears in 7 contracts
Sources: Investment Agreement (Nu Skin Enterprises Inc), Indenture (Nu Skin Enterprises Inc), Investment Agreement (Nu Skin Enterprises Inc)
Rules of Construction. Unless the context otherwise ---------------------- requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 7 contracts
Sources: Indenture (Sce Funding LLC), Indenture (Pg&e Funding LLC), Indenture (Mitsui Vendor Leasing 1998-1 LLC)
Rules of Construction. Unless the context otherwise requiresspecified:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Sources: Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp), Indenture (Conseco Finance Lease 2000-1 LLC)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Sources: Indenture (John Deere Owner Trust 2015-B), Indenture (John Deere Owner Trust 2015), Indenture (John Deere Owner Trust 2014)
Rules of Construction. Unless the context text otherwise requires:requires ---------------------
(i) a term has the meaning assigned to itit herein;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Sources: Warrant Agreement (Golden State Bancorp Inc), Warrant Agreement (Golden State Bancorp Inc), Warrant Agreement (Golden State Bancorp Inc)
Rules of Construction. Unless the context text otherwise requires:
(i) a defined term has the meaning assigned to itit herein;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Sources: Warrant Agreement (Tidewater Inc), Warrant Agreement (Tidewater Inc), Warrant Agreement (Gulfmark Offshore Inc)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” " is not exclusive;
(iv) including" means including without limitation; and
(v) words in the singular include the plural and words in the plural include the singular.
Appears in 6 contracts
Sources: Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp)
Rules of Construction. Unless the context otherwise requiresIn this Note:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it and will be construed in accordance with U.S. generally accepted accounting principles in effect from time to timeprinciples;
(iiic) “or” is not exclusive;
Appears in 6 contracts
Sources: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)
Rules of Construction. Unless the context text otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Sources: Warrant Agreement (Millenium Seacarriers Inc), Warrant Agreement (Price Communications Corp), Warrant Agreement (Urohealth Systems Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a defined term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 5 contracts
Sources: Indenture (Selective Insurance Group Inc), Indenture (Horace Mann Educators Corp /De/), Indenture (American Financial Group Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles in effect from as of the time as such accounting principles are to timebe applied;
(iii) “or” is not exclusive;
Appears in 5 contracts
Sources: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned given to it;
(ii) an accounting term not otherwise defined has the meaning assigned given to it in accordance with generally accepted accounting principles in effect from time to timeprinciples;
(iii) “or” is not exclusive;
Appears in 5 contracts
Sources: Indenture (Horizon Technology Finance Corp), Indenture (Hercules Capital, Inc.), Indenture (Horizon Technology Finance Corp)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in effect from time to timein the United States;
(iii) “or” is not exclusive;
Appears in 5 contracts
Sources: Indenture (Circus Finance Ii), Indenture (Xl Capital LTD), Indenture (Xl Capital LTD)
Rules of Construction. Unless the context otherwise requires:
(i) a defined term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 5 contracts
Sources: Warrant Agreement (Sandler Capital Management), Note Warrant Agreement (Huntsman Packaging of Canada LLC), Warrant Agreement (Splitrock Services Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timetime in The United States of America;
(iii) “or” is not exclusive;
Appears in 5 contracts
Sources: Indenture (Multiverse Acquisition Corp), Indenture (Stmicroelectronics Nv), Indenture (Talk Radio Network Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with accounting principles generally accepted accounting principles in the United States as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 5 contracts
Sources: Indenture (Immunomedics Inc), Indenture (Sirius Xm Radio Inc.), Indenture (CTS Corp)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” OR" is not exclusive;
Appears in 5 contracts
Sources: Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley Davidson Customer Funding Corp)
Rules of Construction. Unless the context otherwise requires:
, (i) a term has the meaning assigned to it;
; (ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
; (iii) “or” is not exclusive;"
Appears in 5 contracts
Sources: Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Irwin Whole Loan Home Equity Trust 2004 A), Indenture (Bear Stearns Asset Backed Securities I LLC)
Rules of Construction. Unless the text or context otherwise requires:
(ia) a defined term has the meaning assigned to itit herein;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 5 contracts
Sources: Warrant Agreement (Enovix Corp), Warrant Agreement (Danimer Scientific, Inc.), Warrant Agreement (Danimer Scientific, Inc.)
Rules of Construction. Unless the context text otherwise requires:
(i) a defined term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon the date hereof;
(iii) “or” is not exclusive;
Appears in 4 contracts
Sources: Warrant Agreement (Citigroup Inc), Warrant Agreement (First Financial Bancorp /Oh/), Warrant Agreement (Mercer International Inc.)
Rules of Construction. Unless the context otherwise requires:: ---------------------
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 4 contracts
Sources: Indenture (Home Equity Loan Trust 2004-Hs3), Indenture (J P Morgan Acceptance Corp I), Indenture (Greenpoint Credit LLC)
Rules of Construction. Unless the context otherwise requires:
(ia) a defined term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 4 contracts
Sources: Warrant Agent Agreement (Tri Valley Corp), Warrant Agreement (Hydrogenics Corp), Warrant Agreement (Quality Distribution Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in effect from time to timeas of the date any determination hereunder is required;
(iii) “or” is not exclusive;
Appears in 4 contracts
Sources: Indenture (Home Holdings Inc), Indenture (Home Holdings Inc), Indenture (Home Holdings Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 4 contracts
Sources: Medium Term Notes Issuance Agreement, Short Term Notes Indenture, Short Term Notes Indenture
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with Canadian generally accepted accounting principles in effect from time to time;
(iii) “or” is not exclusive;
Appears in 4 contracts
Sources: Indenture (B2gold Corp), Indenture (Fortuna Silver Mines Inc), Indenture (First Majestic Silver Corp)
Rules of Construction. Unless the context otherwise requires:: ---------------------
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 4 contracts
Sources: Indenture (PSNH Funding LLC 2), Indenture (Residential Asset Mortgage Prod Inc Gmacm Mor Ln Tr 2003-Gh1), Indenture (Residential Asset Mort Prod Inc Gmacm Home Eq Ln Tr 2004 He1)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii3) “or” " is not exclusive;
Appears in 4 contracts
Sources: Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc), Indenture (Titan Corp)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned given to it;
(ii) an accounting term not otherwise defined has the meaning assigned given to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 4 contracts
Sources: Indenture (Capitalsource Inc), Indenture (MCG Capital Corp), Indenture (Capitalsource Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeat the date hereof;
(iii3) “or” is not exclusivereferences to "generally accepted accounting principles" shall mean generally accepted accounting principles as in effect at the date hereof;
Appears in 3 contracts
Sources: Indenture (Del Webb Corp), Indenture (Del Webb Corp), Indenture (Del Webb Corp)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(iia) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 3 contracts
Sources: Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles in effect from as of the time as to timewhich such accounting principles are to be applied;
(iii) “or” is not exclusive;
Appears in 3 contracts
Sources: Indenture (Interpool Inc), Indenture (Interpool Inc), Indenture (Interpool Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles in effect from time to timeon the date of execution of this Indenture;
(iii) “or” is not exclusive;
Appears in 3 contracts
Sources: Indenture (Pods Inc), Indenture (Pods Inc), Indenture (Pods Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusiveincludes “and/or”;
Appears in 3 contracts
Sources: Indenture (Phoenix Residential Securities, LLC), Indenture (Phoenix Residential Securities, LLC), Indenture (Wachovia Asset Securitization Inc 2002 He2 Trust)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles in effect from time to timetime unless a different time is established in the applicable Series of Securities;
(iii3) “or” is not exclusive;
Appears in 3 contracts
Sources: Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc), Indenture Agreement (Martin Marietta Materials Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States as in effect from time to time;
(iiic) “orOR” is not exclusive;
Appears in 3 contracts
Sources: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.), Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)
Rules of Construction. Unless the context otherwise requires:
(i1) a defined term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to time;
(iii3) “or” is not exclusive;
Appears in 3 contracts
Sources: Indenture (Apex Silver Mines LTD), Indenture (CBRL Group Inc), Indenture (CBRL Group Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 3 contracts
Sources: Indenture (Tivo Inc), Exchange Agreement (James River Coal CO), Indenture (James River Coal CO)
Rules of Construction. Unless the context --------------------- otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 3 contracts
Sources: Indenture (Reebok International LTD), Indenture (Pmi Group Inc), Indenture (Tyco International LTD /Ber/)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” " is not exclusive;
Appears in 3 contracts
Sources: Indenture (Osi Pharmaceuticals Inc), Indenture (First Investors Financial Services Group Inc), Indenture (Yellow Roadway Corp)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in effect from time to timeas of the date of this Indenture;
(iii) “or” is not exclusive;
Appears in 3 contracts
Sources: Indenture (Transition Auto Finance Iii Inc), Indenture (Transition Auto Finance Iii Inc), Indenture (Transition Auto Finance Iii Inc)
Rules of Construction. Unless the context text otherwise requires:
(i) a defined term has the meaning assigned to itit herein;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Warrant Agreement (MRV Communications Inc), Warrant Agreement (Raytheon Co/)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon the date hereof;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Paragon Auto Receivables Corp), Indenture (Paragon Auto Receivables Corp)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) 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;
(iii) “or” is not exclusive;, and any other reference in this Indenture to "generally accepted accounting principles' refers to GAAP.
Appears in 2 contracts
Sources: Indenture (Polymer Group Inc), Indenture (Polymer Group Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii) ; an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in effect from time on the date hereof, and any other reference in this Indenture to time"generally accepted accounting principles" refers to generally accepted accounting principles in effect on the date hereof;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Birner Dental Management Services Inc), Convertible Subordinated Debenture Indenture (Birner Dental Management Services Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a defined term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Expressjet Holdings Inc), Indenture (Palm Harbor Homes Inc /Fl/)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect in the United States from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Bcap LLC), Mortgage Loan Trust Indenture (Hsi Asset Securitization Corp)
Rules of Construction. Unless the context text otherwise requires:required.
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeas of the date hereof;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Warrant Agreement (Mariner Health Care Inc), Warrant Agreement (Mariner Health Care Inc)
Rules of Construction. Unless the context text otherwise requires:
(i) a defined term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon the date hereof;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Warrant Agreement, Warrant Agreement (Travelcenters Realty Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon February 9, 1995 and all accounting calculations shall be determined in accordance with such principles;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Petroleum Heat & Power Co Inc), Indenture (Petroleum Heat & Power Co Inc)
Rules of Construction. Unless the context otherwise --------------------- requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect in the United States from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Financial Asset Securities Corp), Indenture (Ace Securities Corp)
Rules of Construction. Unless the context otherwise --------------------- requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” " is not exclusive;
Appears in 2 contracts
Sources: Indenture (Deutsche Recreational Asset Funding Corp), Indenture (Deutsche Recreational Asset Funding Corp)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States as in effect from time to time;
(iii3) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)
Rules of Construction. (a) Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
; Table of Contents (ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Carmax Auto Funding LLC), Indenture (Carmax Auto Funding LLC)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;on the date hereof,
(iii) “or” " is not exclusive;
Appears in 2 contracts
Sources: Indenture (Asset Backed Securities Corp), Indenture (Asset Backed Securities Corp)
Rules of Construction. Unless the context otherwise requires:
(i) i. a term has the meaning assigned given to it;
(ii) . an accounting term not otherwise defined has the meaning assigned given to it in accordance with generally accepted accounting principles in effect from time to timeprinciples;
(iii) . “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Horizon Technology Finance Corp), Indenture (Horizon Technology Finance Corp)
Rules of Construction. Unless the context text otherwise requires:
(i) , a term has the meaning assigned to it;
(ii) ; an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Warrant Agreement (Stage Stores Inc), Warrant Agreement (Stage Stores Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii3) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Charming Shoppes Inc), Indenture (Parker Drilling Co /De/)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with accounting principles generally accepted accounting principles in the United States as in effect from time to time;
(iiic) “or” " is not exclusive;
Appears in 2 contracts
Sources: Indenture (Willbros Group Inc), Indenture (Scottish Annuity & Life Holdings LTD)
Rules of Construction. Unless the text or context otherwise requires:
(i) a defined term has the meaning assigned to itit herein;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally U.S. Generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Warrant Agreement (Global Tech Industries Group, Inc.), Warrant Agreement (Global Tech Industries Group, Inc.)
Rules of Construction. Unless the context otherwise ---------------------- requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with accounting principles generally accepted accounting principles in the United States in effect from time to timeon the date of this Indenture;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (Aon Corp), Indenture (Aon Corp)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (TJX Companies Inc /De/), Indenture (Neuberger Berman Inc)
Rules of Construction. Unless the context text otherwise --------------------- requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Warrant Agreement (Price Communications Corp), Securityholders Agreement (Wec Co)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in effect from time to timeIAS;
(iii3) “or” " is not exclusive;
Appears in 2 contracts
Sources: Indenture (Polska Telefonia Cyfrowa Sp Zoo), Indenture (PTC International Finance Holding B V)
Rules of Construction. Unless the context text otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 2 contracts
Sources: Secured Lender Warrant Agreement (Ddi Capital Corp/Dynamic Details Inc), Warrant Agreement (Ddi Capital Corp/Dynamic Details Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it and will be construed in accordance with U.S. generally accepted accounting principles in effect from time to timeprinciples;
(iiic) “or” is not exclusive;
Appears in 2 contracts
Sources: Indenture (GAIN Capital Holdings, Inc.), Indenture (GAIN Capital Holdings, Inc.)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States as in effect from time to time;
(iii) “orOR” is not exclusive;
Appears in 2 contracts
Sources: Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)
Rules of Construction. Unless the context text otherwise requires:required.
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Sources: Senior Subordinated Note Purchase Agreement (New York Restaurant Group Inc), Senior Subordinated Note Purchase Agreement (Smith & Wollensky Restaurant Group Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States of America as in effect from time to timeas of the Issue Date;
(iiic) “or” is not exclusive;
Appears in 1 contract
Rules of Construction. Unless the context --------------------- otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 1 contract
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in effect from time to timeApplicable Accounting Standards;
(iiic) “or” is not exclusive;
Appears in 1 contract
Sources: Indenture (Verso Paper Corp.)
Rules of Construction. Unless the context text otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” " is not exclusive;
Appears in 1 contract
Rules of Construction. Unless the context otherwise requires:requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles in effect from time to time;
(iii) “or” is not exclusive;
Appears in 1 contract
Sources: Investment Agreement
Rules of Construction. Unless the context text otherwise requires:
, (ia) a defined term has the meaning assigned to it;
; (iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
on the date hereof; (iiic) “or” is not exclusive;; (d) “
Appears in 1 contract
Rules of Construction. Unless the context text otherwise ---------------------- requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 1 contract
Sources: Warrant Agreement (Chirex Inc)
Rules of Construction. Unless the context otherwise --------------------- requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timetime in The United States of America;
(iii3) “or” " is not exclusive;
Appears in 1 contract
Sources: Indenture (Merrill Lynch Preferred Capital Trust V)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) 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;
principles; (iii3) “"or” " is not exclusive;
Appears in 1 contract