Access, Information and Confidentiality. (i) From the Signing Date until the date when the Investor owns an amount of Senior Subordinated Securities having an aggregate face value of less than 10% of the Purchase Price, the Credit Union will permit the Investor and its agents, consultants, contractors and advisors (x) acting through the Appropriate Supervisory Authority, or otherwise to the extent necessary to evaluate, manage, or transfer its investment in the Credit Union, to examine the Credit Union’s books, Tax returns (including all schedules and attached thereto) and other information reasonably requested by Investor relating to Taxes and make copies thereof and to discuss the affairs, finances and accounts of the Credit Union and the Credit Union Subsidiaries with the principal officers of the Credit Union, all upon reasonable notice and at such reasonable times and as often as the Investor may reasonably request and (y) to review any information material to the Investor’s investment in the Credit Union provided by the Credit Union to its Appropriate Supervisory Authority. Any investigation pursuant to this Section 4.1(c) shall be conducted during normal business hours and in such manner as not to interfere unreasonably with the conduct of the business of the Credit Union, and nothing herein shall require the Credit Union or any Credit Union Subsidiary to disclose any information to the Investor to the extent (A) prohibited by applicable law or regulation, or (B) that such disclosure would reasonably be expected to cause a violation of any agreement to which the Credit Union or any Credit Union Subsidiary is a party or would cause a risk of a loss of privilege to the Credit Union or any Credit Union Subsidiary (provided that the Credit Union shall use commercially reasonable efforts to make appropriate substitute disclosure arrangements under circumstances where the restrictions in this clause (i) apply).
Appears in 36 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement
Access, Information and Confidentiality. (i) From the Signing Date until the date when the Investor owns an amount of CDCI Senior Subordinated Securities having an aggregate face value of less than 10% of the Purchase Priceaggregate face value of the CDCI Senior Subordinated Securities as of the Closing Date, the Credit Union Bank will permit the Investor and its agents, consultants, contractors and advisors (x) acting through the Appropriate Supervisory AuthorityFederal Banking Agency, or otherwise to the extent necessary to evaluate, manage, or transfer its investment in the Credit UnionBank, to examine the Credit UnionBank’s books, Tax returns (including all schedules and attached thereto) and other information reasonably requested by Investor relating to Taxes and make copies thereof and to discuss the affairs, finances and accounts of the Credit Union Bank and the Credit Union Bank Subsidiaries with the principal officers of the Credit UnionBank, all upon reasonable notice and at such reasonable times and as often as the Investor may reasonably request and (y) to review any information material to the Investor’s investment in the Credit Union Bank provided by the Credit Union Bank to its Appropriate Supervisory AuthorityFederal Banking Agency. Any investigation pursuant to this Section 4.1(c) shall be conducted during normal business hours and in such manner as not to interfere unreasonably with the conduct of the business of the Credit UnionBank, and nothing herein shall require the Credit Union Bank or any Credit Union Bank Subsidiary to disclose any information to the Investor to the extent (A) prohibited by applicable law or regulation, regulation or (B) that such disclosure would reasonably be expected to cause a violation of any agreement to which the Credit Union Bank or any Credit Union Bank Subsidiary is a party or would cause a risk of a loss of privilege to the Credit Union Bank or any Credit Union Bank Subsidiary (provided that the Credit Union Bank shall use commercially reasonable efforts to make appropriate substitute disclosure arrangements under circumstances where the restrictions in this clause (i) apply).
Appears in 1 contract
Samples: Exchange Agreement