Common use of Access and Examination Clause in Contracts

Access and Examination. The Collateral Agent, accompanied by any Lender which so elects, may upon reasonable advance notice and at reasonable times during regular business hours, and at any time when an Event of Default exists, have access to, examine, audit, make extracts from or copies of, and inspect any or all of the Loan Parties’ records, files, and books of account and the Collateral, and discuss the Loan Parties’ affairs with the Loan Parties’ officers and senior management; provided that such access, examinations, audits and inspections shall be limited to two instances in any calendar year. The Loan Parties will deliver to the Collateral Agent any instrument necessary for the Collateral Agent to obtain records from any service bureau maintaining records for the Loan Parties. The Collateral Agent may, and at the direction of the Majority Lenders shall, at any time when an Event of Default exists, and at the Loan Parties’ expense, make copies of all of the Loan Parties’ books and records, or require the Loan Parties to deliver such copies to the Collateral Agent. Upon reasonable request to senior management of Metals USA, the Collateral Agent may, without expense to the Collateral Agent, use such of the Loan Parties’ respective personnel, supplies, and premises as may be reasonably necessary for maintaining or enforcing the Collateral Agent’s Liens. The Collateral Agent shall have the right, at any time, in the Collateral Agent’s name or in the name of a nominee of the Collateral Agent, to verify the validity, amount, or any other matter relating to the Accounts, Inventory, or other Collateral, by mail, telephone, or otherwise; provided, however, in the absence of an Event of Default, the Collateral Agent agrees that it will not attempt to verify more than ten (10) Accounts each month.

Access and Examination. The Collateral AgentUntil all of the Obligations have been indefeasibly paid in full and the Lender’s commitment to Borrower hereunder has terminated, accompanied by any the Lender which so electsshall have the right and the Borrower shall permit the Lender to, may at all times upon reasonable advance two (2) Business Days’ notice and at reasonable times during regular business hours, (and at any time time, without any notice, when an a Default or Event of Default exists), have access toduring normal business hours, (i) to examine, audit, make extracts from or copies of, of and inspect any or and all of the Loan Parties’ Borrower’s books, records, filesfiles concerning or mentioning the Collateral and/or the Collateral Proceeds, (ii) to discuss the Borrower’s affairs with the Borrower’s officers and books management (iii) be given access, during normal business hours, to any and all of account the Borrower’s computer hardware or software, whether maintained by the Borrower, or third Persons on the Borrower’s behalf, that pertains to or reflects, such records and (iv) permit the Lender to inspect the Collateral or any part thereof at such place as the Collateral may be held or located or at such other reasonable place. At such time or times as the Lender may request, the Borrower will, at its cost and expense, prepare a list or lists in such form as shall be satisfactory to the Lender, certified by a duly authorized officer/manager of the Borrower, describing in such reasonable detail as the Lender shall require, the Collateral, and discuss specifying the Loan Parties’ affairs with the Loan Parties’ officers and senior management; provided that such access, examinations, audits and inspections shall be limited to two instances in any calendar year. The Loan Parties will deliver to the Collateral Agent any instrument necessary for the Collateral Agent to obtain records from any service bureau maintaining records for the Loan Parties. The Collateral Agent may, and at the direction of the Majority Lenders shall, at any time when an Event of Default exists, and at the Loan Parties’ expense, make copies of all of the Loan Parties’ books and records, or require the Loan Parties to deliver such copies to the Collateral Agent. Upon reasonable request to senior management of Metals USA, the Collateral Agent may, without expense to the Collateral Agent, use such of the Loan Parties’ respective personnel, supplies, and premises as may be reasonably necessary for maintaining or enforcing the Collateral Agent’s Liens. The Collateral Agent shall have the right, at any time, in the Collateral Agent’s name or in the name of a nominee location of the Collateral Agent, to verify and the validity, amount, or any other matter relating to the Accounts, Inventory, or other Collateral, by mail, telephone, or otherwise; provided, however, in the absence of an Event of Default, the Collateral Agent agrees that it will not attempt to verify more than ten (10) Accounts each monthBorrower records pertaining thereto.

Access and Examination. (a) The Collateral Agent, accompanied by any Lender which so elects, may upon reasonable advance notice and at all reasonable times during regular business hours, and at any time when an Event of Default exists, have access to, examine, audit, make extracts from or copies of, of and inspect any or all of the Loan Parties’ Borrower's records, files, and books of account and the Collateral, Collateral and may discuss the Loan Parties’ Borrower's affairs with the Loan Parties’ Borrower's officers and senior management; provided that such access, examinations, audits and inspections . Borrower shall be limited to two instances in any calendar year. The Loan Parties will deliver to the Collateral Agent any instrument necessary for the Collateral Agent to obtain records from any service bureau maintaining records for the Loan PartiesBorrower. The Collateral Agent may, and at the direction of the Majority Lenders shall, at any time when an Event of Default exists, exists and at the Loan Parties’ Borrower's expense, make copies of all of the Loan Parties’ Borrower's books and records, or require the Loan Parties Borrower to deliver such copies to the Collateral Agent. Upon reasonable request to senior management of Metals USA, the Collateral The Agent may, without expense to the Collateral Agent, use such of the Loan Parties’ respective Borrower's personnel, supplies, and premises Premises as may be reasonably necessary for maintaining or enforcing the Collateral Agent’s LiensSecurity Interest. The Collateral Agent shall have the right, at any time, in the Collateral Agent’s 's name or in the name of a nominee of the Collateral Agent, to verify the validity, amount, amount or any other matter relating to the Accounts, Inventory, or other Collateral, by mail, telephone, or otherwise. (b) Borrower agrees that, subject to Borrower's prior consent for uses other than in a traditional tombstone, which consent shall not be unreasonably withheld or delayed, the Agent and each Lender may use the Borrower's name in advertising and promotional material and in conjunction therewith disclose the general terms of this Agreement. The Agent and each Lender agree to take normal and reasonable precautions and exercise due care to maintain the confidentiality of all information identified as "confidential" or "secret" by the Borrower and provided to the Agent or such Lender by or on behalf of the Borrower, under this Agreement or any other Loan Document, and neither the Agent nor such Lender nor any of their respective Affiliates shall use any such information other than in connection with or in enforcement of this Agreement and the other Loan Documents, except to the extent that such information (i) was or becomes generally available to the public other than as a result of disclosure by the Agent or such Lender, or (ii) was or becomes available on a nonconfidential basis from a source other than the Borrower, provided that such source is not bound by a confidentiality agreement with the Borrower known to the Agent or such Lender; provided, however, that the Agent and any Lender may disclose such information (1) at the request or pursuant to any requirement of any Governmental Authority to which the Agent or such Lender is subject or in connection with an examination of the absence Agent or such Lender by any such Governmental Authority; (2) pursuant to subpoena or other court process; (3) when required to do so in accordance with the provisions of an Event any applicable requirement of Defaultlaw; (4) to the extent reasonably required in connection with any litigation or proceeding (including any bankruptcy proceeding) to which the Agent, any Lender or their respective Affiliates may be a party; (5) to the Collateral extent reasonably required in connection with the exercise of any remedy hereunder or under any other Loan Document; (6) to the Agent's or such Lender's independent auditors, accountants, attorneys and other professional advisors, provided that such auditors, accountants, attorneys and other advisors agree to keep such information confidential to the same extent required of the Agent and the Lenders hereunder; (7) to any Affiliate of the Agent or such Lender, or to any prospective Participating Lender or assignee under any Assignment and Acceptance, actual or potential, provided that such Affiliate, prospective Participating Lender or assignee agrees that it will not attempt to verify more than ten keep such information confidential to the same extent required of the Agent and the Lenders hereunder; and (10) Accounts each month8) as expressly permitted under the terms of any other document or agreement regarding confidentiality to which the Borrower is a party or is a deemed a party with the Agent or such Lender.

Access and Examination. The Collateral Lenders' Agent, accompanied by any Lender which so elects, may upon reasonable advance notice and at all reasonable times during regular business hoursand from time to time (not to exceed four times each year, and at any time when an absent a continuing Event of Default exists, Default) have access to, examine, audit, make extracts from or copies of, and inspect any or all of the Loan Parties’ records, files, and books of account of the Option Care Persons and the Collateral, Collateral and may discuss the Loan Parties’ affairs of the Option Care Persons with the Loan Parties’ officers and senior management; provided that such accessmanagement of the Option Care Persons, examinations, audits and inspections except to the extent prohibited by applicable statutes or regulations with respect to patients' records. Each Option Care Person shall be limited to two instances in any calendar year. The Loan Parties will deliver to the Collateral Lenders' Agent any instrument necessary for the Collateral Lenders' Agent to obtain records from any service bureau maintaining records for the Loan Partiesany Option Care Person. The Collateral Lenders' Agent may, and at the direction of the Majority Lenders shall, at any time when an Event the reasonable expense of Default exists, and at the Loan Parties’ expenseOption Care Persons, make copies of all of the Loan Parties’ books and recordsrecords of the Option Care Persons, or require the Loan Parties Option Care Persons to deliver such copies to the Collateral Lenders' Agent. Upon reasonable request to senior management of Metals USA, the Collateral The Lenders' Agent may, without expense to the Collateral AgentLenders' Agent or the Lenders, use such of the Loan Parties’ respective personnel, supplies, and premises Premises of the Option Care Persons as may be reasonably necessary and appropriate for maintaining or enforcing the Collateral Agent’s LiensSecurity Interest. The Collateral Lenders' Agent shall have the right, at any time, in name of the Collateral Agent’s name Lenders' Agent or in the name of a nominee of the Collateral Lenders' Agent, to verify the validity, amount, amount or any other matter relating to the Accounts, Inventory, Inventory or other Collateral, by mail, telephone, or otherwise; provided, however, in the absence of an Event of Default, the Collateral Agent agrees that it will not attempt to verify more than ten (10) Accounts each month.

Access and Examination. (a) The Collateral Agent, accompanied by any Lender which so elects, may upon reasonable advance notice and at all reasonable times during regular business hours, and at any time when an Event of Default exists, have access to, examine, audit, make extracts from or copies of, of and inspect any or all of the Loan Parties’ either Borrower's records, files, and books of account and the Collateral, Collateral and may discuss the Loan Parties’ such Borrower's affairs with the Loan Parties’ such Xxxxxxxx's officers and senior management; provided that such access, examinations, audits and inspections . Such Borrower shall be limited to two instances in any calendar year. The Loan Parties will deliver to the Collateral Agent any instrument necessary for the Collateral Agent to obtain records from any service bureau maintaining records for the Loan Partiessuch Borrower. The Collateral Agent may, and at the direction of the Majority Lenders shall, at any time when an Event of Default exists, exists and at the Loan Parties’ either Xxxxxxxx's expense, make copies of all of the Loan Parties’ such Borrower's books and records, or require the Loan Parties such Borrower to deliver such copies to the Collateral Agent. Upon reasonable request to senior management of Metals USA, the Collateral The Agent may, without expense to the Collateral Agent, use such of the Loan Parties’ respective either Xxxxxxxx's personnel, supplies, and premises Premises as may be reasonably necessary for maintaining or enforcing the Collateral Agent’s LiensSecurity Interest. The Collateral Agent shall have the right, at any time, in the Collateral Agent’s 's name or in the name of a nominee of the Collateral Agent, to verify the validity, amount, amount or any other matter relating to the Accounts, Inventory, or other Collateral, by mail, telephone, or otherwise. (b) Each Borrower agrees that, subject to such Xxxxxxxx's prior consent for uses other than in a traditional tombstone, which consent shall not be unreasonably withheld or delayed, the Agent and each Lender may use the Borrower's name in advertising and promotional material and in conjunction therewith disclose the general terms of this Agreement. The Agent and each Lender agree to take normal and reasonable precautions and exercise due care to maintain the confidentiality of all information identified as "confidential" or "secret" by the Borrower and provided to the Agent or such Lender by or on behalf of the Borrower, under this Agreement or any other Loan Document, and neither the Agent nor such Lender nor any of their respective Affiliates shall use any such information other than in connection with or in enforcement of this Agreement and the other Loan Documents, except to the extent that such information (i) was or becomes generally available to the public other than as a result of disclosure by the Agent or such Lender, or (ii) was or becomes available on a nonconfidential basis from a source other than the Borrower, provided that such source is not bound by a confidentiality agreement with the Borrower known to the Agent or such Lender; provided, however, that the Agent and any Lender may disclose such information (1) at the request or pursuant to any requirement of any Governmental Authority to which the Agent or such Lender is subject or in connection with an examination of the absence Agent or such Lender by any such Governmental Authority; (2) pursuant to subpoena or other court process; (3) when required to do so in accordance with the provisions of an Event any applicable requirement of Defaultlaw; (4) to the extent reasonably required in connection with any litigation or proceeding (including any bankruptcy proceeding) to which the Agent, any Lender or their respective Affiliates may be a party; (5) to the Collateral extent reasonably required in connection with the exercise of any remedy hereunder or under any other Loan Document; (6) to the Agent's or such Xxxxxx's independent auditors, accountants, attorneys and other professional advisors, provided that such auditors, accountants, attorneys and other advisors agree to keep such information confidential to the same extent required of the Agent and the Lenders hereunder; (7) to any Affiliate of the Agent or such Lender, or to any prospective Participating Lender or assignee under any Assignment and Acceptance, actual or potential, provided that such Affiliate, prospective Participating Lender or assignee agrees that it will not attempt to verify more than ten keep such information confidential to the same extent required of the Agent and the Lenders hereunder; and (10) Accounts each month8) as expressly permitted under the terms of any other document or agreement regarding confidentiality to which the Borrower is a party or is a deemed a party with the Agent or such Lender.

Access and Examination. The Collateral Agent, accompanied by any Lender which so elects, may upon reasonable advance notice and at all reasonable times during regular business hours, (and at any time when an a Default or Event of Default exists, ) have access to, examine, audit, make extracts from or copies of, of and inspect any or all of the Loan Parties’ Borrower's records, files, and books of account and the Collateral, and discuss the Loan Parties’ Borrower's affairs with the Loan Parties’ Borrower's officers and senior management; provided that such access, examinations, audits management and inspections shall be limited independent public accountants after notice to two instances in any calendar yearBorrower (and by this provision the Borrower hereby authorizes said accountants to discuss with the Lender the finances and affairs of the Borrower and each of its subsidiaries). The Loan Parties Borrower will deliver to the Collateral Agent Lender any instrument necessary for the Collateral Agent Lender to obtain records from any service bureau maintaining records for the Loan PartiesBorrower. The Collateral Agent Lender may, and at the direction of the Majority Lenders shall, at any time when an Event of Default exists, and at the Loan Parties’ Borrower's expense, make copies of all of the Loan Parties’ Borrower's books and records, or require the Loan Parties Borrower to deliver such copies to the Collateral AgentLender. Upon reasonable request to senior management of Metals USA, the Collateral Agent The Lender may, without expense to the Collateral AgentLender, use such of the Loan Parties’ Borrower's respective personnel, supplies, and premises as may be reasonably necessary for maintaining or enforcing the Collateral Agent’s LiensLender's Liens in the Collateral. The Collateral Agent Lender shall have the right, at any time, in the Collateral Agent’s Lender's name or in the name of a nominee of the Collateral AgentLender, to verify the validity, amount, amount or any other matter relating to the Accounts, InventoryContracts, or other Collateral, by mail, telephone, or otherwise; provided. In the event of any litigation between the Borrower and the Lender, howeverany right of civil discovery shall be in addition to, but not in the absence of an Event of Defaultlieu of, the Collateral Agent agrees that it will not attempt to verify more than ten (10) Accounts each monthLender's rights under this Section 6.5.

Access and Examination. (a) The Collateral Agent, accompanied by any Lender which so elects, may upon reasonable advance notice and at all reasonable times during regular business hours, and at any time when an Event of Default exists, have access to, examine, audit, make extracts from or copies of, of and inspect any or all of the Loan Parties’ either Borrower's records, files, and books of account and the Collateral, Collateral and may discuss the Loan Parties’ such Borrower's affairs with the Loan Parties’ such Borrower's officers and senior management; provided that such access, examinations, audits and inspections . Such Borrower shall be limited to two instances in any calendar year. The Loan Parties will deliver to the Collateral Agent any instrument necessary for the Collateral Agent to obtain records from any service bureau maintaining records for the Loan Partiessuch Borrower. The Collateral Agent may, and at the direction of the Majority Lenders shall, at any time when an Event of Default exists, exists and at the Loan Parties’ either Borrower's expense, make copies of all of the Loan Parties’ such Borrower's books and records, or require the Loan Parties such Borrower to deliver such copies to the Collateral Agent. Upon reasonable request to senior management of Metals USA, the Collateral The Agent may, without expense to the Collateral Agent, use such of the Loan Parties’ respective either Borrower's personnel, supplies, and premises Premises as may be reasonably necessary for maintaining or enforcing the Collateral Agent’s LiensSecurity Interest. The Collateral Agent shall have the right, at any time, in the Collateral Agent’s 's name or in the name of a nominee of the Collateral Agent, to verify the validity, amount, amount or any other matter relating to the Accounts, Inventory, or other Collateral, by mail, telephone, or otherwise; provided. (b) Each Borrower agrees that, howeversubject to such Borrower's prior consent for uses other than in a traditional tombstone, in the absence of an Event of Defaultwhich consent shall not be unreasonably withheld or delayed, the Collateral Agent and each Lender may use the Borrower's name in advertising and promotional material and in conjunction therewith disclose the general terms of this Agreement. The Agent and each Lender agree to take normal and reasonable precautions and exercise due care to maintain the confidentiality of all information identified as "confidential" or "secret" by the Borrower and provided to the Agent or such Lender by or on behalf of the Borrower, under this Agreement or any other Loan Document, and neither the Agent nor such Lender nor any of their respective Affiliates shall use any such information other than in connection with or in enforcement of this Agreement and the other Loan Documents, except to the extent that such information (i) was or becomes generally available to the public other than as a result of disclosure by the Agent or such Lender, or (ii) was or becomes available oil a nonconfidential basis from a source other than the Borrower, provided that such source is not bound by a confidentiality agreement with the Borrower known to the Agent or such Lender; PROVIDED, HOWEVER, that the Agent and any Lender may disclose such information (1) at the request or pursuant to any requirement of any Governmental Authority to which the Agent or such Lender is subject or in connection with an examination of the Agent or such Lender by any such Governmental Authority; (2) pursuant to subpoena or other court process; (3) when required to do so in accordance with the provisions of any applicable requirement of law; (4) to the extent reasonably required in connection with any litigation or proceeding (including any bankruptcy proceeding) to which the Agent, any Lender or their respective Affiliates may be a party; (5) to the extent reasonably required in connection with the exercise of any remedy hereunder or under any other Loan Document; (6) to the Agent's or such Lender's independent auditors, accountants, attorneys and other professional advisors, provided that such auditors, accountants, attorneys and other advisors agree to keep such information confidential to the same extent required of the Agent and the Lenders hereunder; (7) to any Affiliate of the Agent or such Lender, or to any prospective Participating Lender or assignee under any Assignment and Acceptance, actual or potential, provided that such Affiliate, prospective Participating Lender or assignee agrees that it will not attempt to verify more than ten keep such information confidential to the same extent required of the Agent and the Lenders hereunder; and (10) Accounts each month8) as expressly permitted under the terms of any other document or agreement regarding confidentiality to which the Borrower is a party or is a deemed a party with the Agent or such Lender.