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. The Collateral Agent, accompanied by any Lender which so elects, Agent may upon reasonable advance notice and at all reasonable times on a quarterly basis and during regular business hours, hours (and at any time and frequency when an a Default or Event of Default exists, exists and is continuing) have access to, examine, audit, make extracts from or copies of, of and inspect any or all of the Loan Parties’ Grantor's records, files, and books of account and the Collateral, and discuss the Loan Parties’ Grantor's affairs with the Loan Parties’ Grantor's 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 foregoing may be accomplished by Agent's own employees or its agents or independent contractors, accompanied by any Lender which so elects, and shall, to the extent expenses are reasonable, be at the sole expense of Grantor. The Grantor will deliver to the Collateral Agent any instrument necessary for the Collateral Agent to obtain records from any service bureau maintaining financial records for the Loan PartiesGrantor. The Collateral Agent may, and at the direction of the Majority Required Lenders shall, at any time when an a Default or Event of Default exists, and at the Loan Parties’ Grantor's expense, make copies of all of the Loan Parties’ Grantor's books and records, or require the Loan Parties Grantor to deliver such copies to the Collateral Agent. Upon reasonable request to senior management of Metals USA, the Collateral The Agent may, without during the continuance of an Event of Default, and at the sole expense to of the Collateral AgentGrantor, use such of the Loan Parties’ Grantor's respective personnel, supplies, and premises Real Estate as may be reasonably necessary for maintaining or enforcing the Collateral Agent’s 's Liens. The Collateral Agent shall have the rightright to contact Account Debtors, warehousemen, bailees and similar third Persons, at any time, in the Collateral Agent’s name or in the name of a nominee of the Collateral Agent (and when an Event of Default exists and is continuing, in Agent's name), to verify the validity, amount, 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 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.