Access to and Provision of Information. 17.1 The Supplier will permit the Company, its authorised representatives and/or its authorised agents in reasonable numbers to enter the premises of, and to have access to, all documents and information kept by the Supplier, whether electronically (and in such case in machine-readable form and format) or otherwise, relating to the supply of the Goods and/or the performance of the Services, during Business Hours on no less than 48 hours’ notice, for the purposes of ascertaining whether the Supplier is complying with its obligations under the Contract.
17.2 Supplier shall, upon request of Company, provide the following for any and all Goods (as applicable):
a) current drawing;
b) dimensional data showing concurrence with current drawing;
c) technical information for any implied or specified performance characteristic (e.g. applied loads, heavyweight applications);
d) certifications for any implied or specified standard (e.g. IP rated, military standards, DIN standards etc);
e) material specification (e.g. technical data sheet for each material used);
f) MSDS (Material Safety Data Sheet) for each material used in Goods supplied;
g) Restriction of Hazardous Substances (RoHS) compliance statement, to latest RoHS requirement level at the date of delivery of the Good. Any Goods not complying or exempt to be highlighted;
h) REACH compliance statement, to latest REACH requirement level at the date of the request. Any Good not complying to be highlighted;
i) statement confirming Goods supplied do not contain any Conflict Minerals (as defined by Section 1502 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (“Xxxx-Xxxxx Act”), as amended, including but not limited to cassiterite, columbite- tantalite, wolframite, gold, tin, tantalum and/or tungsten and their derivatives mined from mines in the Democratic Republic of Congo or any adjoining countries (“Conflict Minerals”). In addition Supplier represents and warrants that it and its supply chain are currently in compliance, and it covenants that it and its supply chain shall continue to comply, with all applicable laws and regulations relating to Conflict Minerals including, but not limited to, the Xxxx-Xxxxx Act; and/or
j) a written copy of any audits, disclosures or reports files with or submitted to the Securities and Exchange Commission by Supplier as required by the Xxxx-Xxxxx Act and in addition Supplier shall provide such reasonable assistance as requested by Company to enable Company to comply w...
Access to and Provision of Information. (a) Supplier agrees that Customer, upon giving two business day’s advance notice, will have access to Supplier’s operations during normal business hours, and outside normal business hours when reasonably necessary, for the purposes of (i) monitoring production of its Component Parts, (ii) meeting with Supplier’s representatives, (iii) monitoring steps needed to increase production capacity necessary to meet the terms of all US Agreements and the Mexican Supply Agreements and (iv) monitoring Supplier’s compliance with the terms of this Agreement, the US Agreements and the Mexican Supply Agreements, and any other agreements between Supplier and Customer and its affiliates and Sisamex.
(b) Supplier will provide to Customer the reporting and information, borrowing base certificates and collateral reports that it provides to Lender at the same time such information is due to be provided to Lender.
(c) As soon as reasonably practicable after becoming aware of any lawsuit against Supplier or any action that could interfere with Supplier’s ability to perform its obligations under this Agreement and the US Agreements, or the Mexican Supply Agreements, Supplier will notify Customer and Lender of the adverse event (as to Lender in addition to any other notification obligations Supplier has under the Revolver Agreements).
(d) On the Effective Date, Supplier shall provide to Customer and its professional advisers: (i) a copy of the executed amendment to the Revolving Agreement evidencing the changes described in Paragraph 5.3, herein; (ii) a copy of documentation relating to the proposed lending agreements with TPG Capital or any other lender; and (iii) a summary of the key points of the Xxxxxxxx Machine Company, Inc. (“Xxxxxxxx”) purchase agreement; and (iv) any updates of such documentation, or new related documentation.
Access to and Provision of Information. The Purchaser has been given access to Company documents, records, and other information, and has had adequate opportunity to ask questions of, and receive answers from, the Company’s officers, employees, agents, accountants, and representatives concerning the Company’s business, operations, financial condition, assets, liabilities, and all other matters relevant to its investment in the Securities. Purchaser understands that an investment in the Securities bears significant risk and represents that it has reviewed the SEC Reports (as defined below) and the Company’s announcements to ASX (“ASX Announcements”), which serve to qualify certain of the Company representations set forth below. Information given or procured to be given to the Company by the Purchaser or its representatives was and remains a true and correct, not misleading and not affected by a material omission, including that information about the individuals proposed by the Purchaser for election as directors of the Company and information regarding its intentions and the intentions of the individuals proposed by the Purchaser for election as directors of the Company for the Company following Closing (assuming Closing occurs) given before the Effective Date or pursuant to Section 6.13 are a true and correct statement of its and their respective intentions, are not misleading and are not affected by a material omission.
Access to and Provision of Information. The Master Fund shall afford the Feeder Fund (and any partner, manager, officer, director, employee, administrator or agent thereof) reasonable access to the Master Fund’s officers, employees and agents and to all books and records of the Master Fund, including complete details of all cash flows. The Master Fund shall contemporaneously provide the Feeder Fund (or its designee) with a copy of all letters, memoranda, notices, emails, forms or other correspondence (“Correspondence”) sent by the Master Fund to any private equity fund or hedge fund in which it holds an investment (each, a “Portfolio Fund”). In addition, the Master Fund shall use reasonable best efforts to cause each Portfolio Fund to provide contemporaneously to the Feeder Fund (or its designee) all Correspondence from Portfolio Funds sent to the Master Fund, including financial statements and reports, capital call and distribution notices, and tax information including IRS Forms. In the event the Master Fund is unable to cause any Portfolio Fund to provide Correspondence directly to the Feeder Fund (or its designee), the Master Fund shall cause its administrator to contemporaneously provide all Correspondence received from such Portfolio Fund to the Feeder Fund (or its designee). To the extent that the Master Fund has access to an electronic data room containing documents relating to a Portfolio Fund, the Master Fund shall use reasonable best efforts to procure access for the Feeder Fund (or its designee). In the event the Master Fund is unable to procure access for the Feeder Fund (or its designee), it shall cause its administrator to provide to the Feeder Fund (or its designee) copies of all documents posted in such data room promptly following the time of posting. The Master Fund shall not withhold confidential information from the Feeder Fund pursuant to section 8.9(d) of the Amended and Restated Agreement of Limited Partnership of the Master Fund (the “Partnership Agreement”). In connection with each distribution to the Feeder Fund, the Master Fund (or the Adviser) will provide information detailing the sources of the cash received and any uses of the cash, including for capital calls, fees and expenses. The Adviser agrees to cause the Master Fund to comply with its obligations under this Section 4.1. For the avoidance of doubt, the Master Fund shall provide the Feeder Fund with the information described in this Section 4.1 for the period beginning on the Partnership Division Date (as def...
