Access to Certain Documentation; Obligors Sample Clauses

Access to Certain Documentation; Obligors. (a) The Lender or the Agent (and their respective agents or professional advisors) shall at the expense of the Borrower, have the right under this Agreement, once during each calendar year, upon reasonable prior notice to the Servicer, to examine and audit, during business hours or at such other times as might be reasonable under applicable circumstances, any and all of the books, records, or other information of the Servicer, or held by another for the Servicer or on its behalf, concerning this Agreement. The Lender and the Agent (and their respective agents and professional advisors) shall treat as confidential any information obtained during such examination which is not already publicly known or available; provided, however, the Lender or the Agent may disclose such information if required to do so by law or by any regulatory authority. Without limitation of the foregoing, the Servicer and the Borrower acknowledge and agree that at least four (4) times during each calendar year the Agent (and its respective agents or professional advisors) shall, at the Agent's own expense, upon reasonable prior notice to the Servicer and the Borrower, examine and audit, during business hours or at such other times as might be reasonable under applicable circumstances, any and all of the books, records or other information of the Servicer and/or the Borrower or held by another for the Servicer and/or the Borrower or on its behalf concerning this Agreement and compliance therewith.

Access to Certain Documentation; Obligors. (a) The Agent and the Backup Servicer (and their respective agents or professional advisors) shall, at the expense of the Borrower, have the right under this Agreement, once during each calendar year (and with five days prior written notice if Xxxxx Fargo is acting as successor Servicer), to examine and audit, during business hours or at such other times as might be reasonable under applicable circumstances, any and all of the books, records, financial statements or other information of the Servicer and/or the Borrower, or held by another for the Servicer or the Borrower or on its behalf, concerning this Agreement, provided that the Borrower shall not be responsible for the expenses of the Agent or the Backup Servicer to the extent that such expenses exceed, together with the expenses in connection with an Accountants’ Report delivered in connection with Section 6.12(b)(i), $30,000 in the aggregate in any calendar year unless an Event of Default or Servicer Default has occurred or unless otherwise agreed by the Borrower. Notwithstanding the foregoing, the Agent and the Backup Servicer (and their respective agents or professional advisors) shall, at the expense of the Borrower and as frequently as the Agent or Backup Servicer may desire, have the right under this Agreement after the occurrence and during the continuance of an Event of Default or Servicer Default or after the occurrence of the Program Termination Date to examine and audit, during business hours or at such other times as might be reasonable under applicable circumstances, any and all of the books, records or other information of the Servicer and/or the Borrower, or held by another for the Servicer or the Borrower or on its behalf, concerning this Agreement. The Lenders, the Agent and the Backup Servicer (and their respective agents and professional advisors) shall treat as confidential any information obtained during the aforementioned examinations which is not already publicly known or available; provided that the Agent may disclose such information to the Lenders; and, provided further that the Lenders, the Backup Servicer or the Agent (and their respective agents or professional advisors) shall treat such information as confidential except to the extent required to disclose such information by law or by any regulatory authority.