Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The charge therefor shall be One Thousand Dollars ($1,000.00) per person per day (or such higher amount as shall represent Bank's then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank's rights or remedies) Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.00) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 4 contracts
Samples: Mezzanine Loan and Security Agreement (Quantenna Communications Inc), Loan and Security Agreement (Quantenna Communications Inc), Mezzanine Loan and Security Agreement (Quantenna Communications Inc)
Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at such Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.001,000) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event a Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and such Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 4 contracts
Samples: Loan and Security Agreement (Weave Communications, Inc.), Loan and Security Agreement (Weave Communications, Inc.), Loan and Security Agreement (Weave Communications, Inc.)
Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's ’s expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion good faith that conditions warrant) ), unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The charge therefor shall be One Thousand Dollars ($1,000.00) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.00) plus any documented out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 3 contracts
Samples: Mezzanine Loan and Security Agreement (Health Catalyst, Inc.), Mezzanine Loan and Security Agreement (Health Catalyst, Inc.), Mezzanine Loan and Security Agreement (Health Catalyst, Inc.)
Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole reasonable discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.001,000) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.001,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 3 contracts
Samples: Loan and Security Agreement (Upwork Inc.), Loan and Security Agreement (Upwork Inc.), Loan and Security Agreement (Upwork Inc.)
Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.001,000) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 3 contracts
Samples: Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc)
Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's ’s expense and no more often than once every twelve six (126) months (or more frequently as Bank determines in its sole discretion that shall reasonably determine conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The charge therefor shall be One Thousand Dollars ($1,000.00) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to or reschedules reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.00) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 2 contracts
Samples: Subordinated Loan and Security Agreement (Roku, Inc), Subordinated Loan and Security Agreement (Roku, Inc)
Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole reasonable discretion determines that conditions warrant) ), unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.001,000) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.001,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 2 contracts
Samples: Loan and Security Agreement (10x Genomics, Inc.), Loan and Security Agreement (10X Genomics, Inc.)
Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.001,000) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling. Borrower hereby acknowledges and agrees that the Initial Audit will be conducted within thirty (30) days after the Effective Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (Progyny, Inc.), Loan and Security Agreement (Progyny, Inc.)
Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.00) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000.00) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Samples: Loan and Security Agreement (Forescout Technologies, Inc)
Access to Collateral; Books and Records. At reasonable times, on three (3) one Business Days' Day’s prior notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) 12 months (or more frequently as Bank determines in its sole discretion that determines the conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.00) 1,000 per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), provided that any such audit does not exceed four Business Days, plus Bank’s reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten (10) 10 days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten (10) 10 days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.00) 1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Samples: Loan and Security Agreement (New Age Beverages Corp)
Access to Collateral; Books and Records. At reasonable times, on three ten (310) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.00) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000.00) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.00) 1,000.00 per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.00) 1,000.00 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Samples: Loan and Security Agreement (Research Solutions, Inc.)
Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.00) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000.00) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling. Borrower hereby acknowledges that the Initial Audit shall be conducted no later than forty-five (45) days after the Effective Date.
Appears in 1 contract
Samples: Loan and Security Agreement (Everspin Technologies Inc)
Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's Borrowers’ Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion reasonable credit judgment determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrowers’ expense and the charge therefor shall be One Thousand Dollars ($1,000.001,000) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event any Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and such Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) such Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Access to Collateral; Books and Records. At reasonable times, on three seven (37) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.001,000) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling. The Initial Audit shall be completed no later than ninety (90) days after the Effective Date.
Appears in 1 contract
Samples: Loan and Security Agreement (Procore Technologies, Inc.)
Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion determines that conditions warrant) ), unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.001,000) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling. In addition to the above, Borrower hereby agrees that an inventory appraisal performed by a valuation firm satisfactory to Bank shall be conducted no more often than once every twelve (12) months (or more frequently as Bank in its sole discretion determines that conditions warrant), unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary.
Appears in 1 contract
Samples: Loan and Security Agreement (Sandbridge Acquisition Corp)
Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Co-Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole good faith business discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at such Co-Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.001,000) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event a Co-Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and such Co-Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower Co-Borrowers shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000) plus any reasonable documented out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Access to Collateral; Books and Records. At In addition to the Initial Audit, at reasonable times, on three (3) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's ’s expense and no more often than once every twelve six (126) months (or more frequently as Bank determines in its sole discretion that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The charge therefor and for the Initial Audit shall be One Thousand Dollars ($1,000.00) 850 per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.00) 1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Samples: Loan and Security Agreement (Astea International Inc)
Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books, and the right to complete an NOLV. The foregoing inspections In each case, such inspections, audits, and audits NOLV shall be conducted at Borrower's expense and no more often than once twice every twelve (12) months (or more frequently as Bank determines in its sole discretion that conditions warrant) months, unless an Event of Default has occurred and is continuing in which case such inspections inspections, audits, and audits NOLV shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.00) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable and documented out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000.00) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling. Without limiting the foregoing, Borrower covenants and agrees that the Initial Audit and the Initial NOLV shall be completed on or before ninety (90) days following the Effective Date.
Appears in 1 contract
Samples: Loan and Security Agreement (Keryx Biopharmaceuticals Inc)
Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.00) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules reschedule the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) 42052335v6 220763.002102 Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000.00) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Samples: Loan and Security Agreement (Castlight Health, Inc.)
Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's ’s expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion that conditions may warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The charge therefor shall be One Thousand Dollars ($1,000.00) 850 per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. Borrower hereby acknowledges that such an audit shall be conducted within ninety (90) days of the Effective Date. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) ), Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.00) 1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Samples: Loan and Security Agreement (Guidance Software, Inc.)
Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days' ’ notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall are expected to be conducted at Borrower's expense and no more often than once every twelve (12) months per Borrower (or more frequently as Bank determines in its sole discretion determines that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense, and the charge therefor shall be One Thousand Dollars ($1,000.001,000) per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), in each case, plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Two Thousand Dollars ($1,000.002,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's ’s Books. The foregoing inspections and audits shall be conducted at Borrower's ’s expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion that conditions may warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The charge therefor shall be One Thousand Dollars ($1,000.00) 850 per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. Borrower hereby acknowledges that the first such audit shall occur at least thirty (30) days prior to the initial Advance. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) ), Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.00) 1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.
Appears in 1 contract
Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days' Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's Books’s Books and the right to complete an NOLV. The foregoing Such inspections and audits and NOLV shall be conducted at Borrower's expense and no more often than once twice every twelve (12) 12 months (or more frequently as Bank determines in its sole commercially reasonable discretion determines that conditions warrant) ), unless an Event of Default has occurred and is continuing continuing, in which case such inspections and audits and NOLV shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be conducted at Borrower’s expense and the charge therefor shall be One Thousand Dollars ($1,000.00) 1,000.00 per person per day (or such higher amount as shall represent Bank's ’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten eight (10) 8) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten eight (10) 8) days written notice to Bank, then (without limiting any of Bank's ’s rights or remedies) Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.00) 2,000.00 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling. The initial NOLV shall be completed on or before ninety (90) days following the Effective Date.
Appears in 1 contract