Common use of Access to Officers and Auditors Clause in Contracts

Access to Officers and Auditors. Each Covered Person shall permit any Lender and Administrative Agent and each of their representatives and agents to discuss the business, operations, revenues, financial condition, property, or business prospects of such Covered Person with its officers, accountants and independent auditors as often as Administrative Agent may request in its discretion, and such Covered Person shall direct such officers, accountants and independent auditors to cooperate with Administrative Agent, Lenders, and their representatives and agents, and make full disclosure to Administrative Agent, Lenders, and their representatives and agents, of those matters that they may deem relevant to the continuing ability of Borrower timely to pay and perform the Loan Obligations. Administrative Agent and each Lender agrees that it will not disclose to third Persons any information that it obtains about any Covered Person or its operations or finances that is reasonably considered non-public information. Administrative Agent and Lenders may, however, disclose such information to each other and all of their respective officers, attorneys, auditors, accountants, bank examiners, agents and representatives who have a need to know such information in connection with the administration, interpretation or enforcement of the Loan Documents or the lending and collection activity contemplated therein or to the extent required by Law or a Governmental Authority. Administrative Agent and Lenders shall advise such Persons that such information is to be treated as confidential. Administrative Agent and any Lender may also disclose such information in any documents that it files in any legal proceeding to pursue, enforce or preserve its rights under the Loan Documents to the extent that its counsel advises in writing that such disclosure is reasonably necessary. Administrative Agent's and Lenders' non-disclosure obligation shall not apply to any information that (i) is disclosed to Administrative Agent or any Lender by a third Person not affiliated with or employed by Borrower who does not have a commensurate duty of non-disclosure, or (ii) becomes publicly known other than as a result of disclosure by Administrative Agent or a Lender.

Appears in 3 contracts

Samples: Loan Agreement (Talx Corp), Loan Agreement (Talx Corp), Loan Agreement (Talx Corp)

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Access to Officers and Auditors. Each Covered Person shall permit any Lender and Persons authorized by Administrative Agent and each of their representatives and agents to discuss discuss, the business, operations, revenues, financial condition, property, or business prospects of such Covered Person with its officers, members, managers, employees, accountants and independent auditors as often as Administrative Agent may request in its discretion, and such Covered Person shall direct such officers, members, managers, employees, accountants and independent auditors to cooperate with Administrative Agent, Lenders, and their representatives and agents, Agent and make full disclosure to Administrative Agent, Lenders, and their representatives and agents, Agent of those matters that they may deem relevant to the continuing ability of Borrower timely to pay and perform the Loan Obligations. Administrative Agent and each Lender agrees that it will not disclose to third Persons any information that it obtains about any Covered Person Borrower or its operations or finances that is reasonably considered non-public informationfinances. Administrative Agent and Lenders any Lender may, however, disclose such information to each other and all of their respective officers, attorneys, auditors, accountants, bank examiners, agents and representatives who have a need to know such information in connection with the administration, interpretation or enforcement of the Loan Documents or the lending and collection activity contemplated therein or to the extent required by Law or a Governmental AuthorityAuthority having jurisdiction over Administrative Agent or any Lender. Administrative Agent and Lenders or such Lender shall advise such Persons that such information is to be treated as confidential. Administrative Agent and any or a Lender may also disclose such information in any documents that it files in any legal proceeding to pursue, enforce or preserve its rights under the Loan Documents to the extent that its counsel advises in writing that such disclosure is reasonably necessary. Administrative Agent's ’s and Lenders' ’ non-disclosure obligation shall not apply to any information that (i) is disclosed to Administrative Agent or any Lender by a third Person not affiliated with or employed by Borrower who does not have a commensurate duty of non-disclosure, or (ii) is or becomes publicly known other than as a result of disclosure by Administrative Agent or a Lender.

Appears in 1 contract

Samples: Credit Agreement (Young Innovations Inc)

Access to Officers and Auditors. Each Covered Person shall permit any Lender and Administrative Agent and each of their representatives and agents Persons authorized by Lender to discuss the businessaffairs, operations, revenues, financial condition, property, or business prospects finances and accounts of such Covered Person with its officers, accountants officers and independent auditors as often as Administrative Agent Lender may request in its discretionreasonably request, and such Covered Person shall direct such officers, accountants officers and independent auditors to cooperate with Administrative Agent, Lenders, and their representatives and agents, Lender and make full disclosure to Administrative Agent, Lenders, and their representatives and agents, Lender of those matters that they may deem relevant to the continuing ability of Borrower timely to pay and perform the Loan Obligations. Administrative Agent and each Lender agrees that it will not disclose to third Persons parties any information that it obtains about any Covered Person Borrower or its operations or finances that is reasonably considered non-public informationother than its legal counsel and other professional advisors, or in litigation or similar proceedings, in connection with enforcement or interpretation of any of the Loan Documents. Administrative Agent and Lenders Lender may, however, disclose such information to each other and all of their respective officers, attorneys, auditors, accountants, bank examiners, agents and representatives who have a need to know such information in connection with the administration, interpretation or enforcement of the Loan Documents or the lending and collection activity contemplated therein or to the extent required by Law or a Governmental Authority. Administrative Agent and Lenders Lender shall advise such Persons persons that such information is to be treated as confidential. Administrative Agent and any Lender may also disclose such information in any documents that it files in any legal proceeding to pursue, enforce or preserve its rights under the Loan Documents to the extent that its Lender's counsel advises in writing that such disclosure is reasonably necessary. Administrative AgentLender's and Lenders' non-disclosure obligation shall not apply to any information that (i) is disclosed to Administrative Agent or any Lender by a third Person party not affiliated with or employed by Borrower who does not have a commensurate duty of non-disclosure, or (ii) becomes publicly known other than as a result of disclosure by Administrative Agent or a Lender.

Appears in 1 contract

Samples: Loan Agreement (Labarge Inc)

Access to Officers and Auditors. Each Covered Person shall permit any Lender and Administrative Persons authorized by Agent and each of their representatives and agents to discuss the businessaffairs, operations, revenues, financial condition, property, or business prospects finances and accounts of such Covered Person with its officers, accountants officers and independent auditors as often as Administrative Agent may request in its discretionreasonably request, and such Covered Person shall direct such officers, accountants officers and independent auditors to cooperate with Administrative Agent, Lenders, and their representatives and agents, Agent and make full disclosure to Administrative Agent, Lenders, and their representatives and agents, Agent of those matters that they may deem relevant to the continuing ability of Borrower timely to pay and perform the Loan Obligations. Administrative Agent and each Each Lender agrees that it will not disclose to third Persons parties any information that it obtains about any Covered Person Borrower or its operations or finances that is reasonably considered are designated by Borrower as confidential or that Borrower has advised Lenders constitutes non-public information. Administrative Agent and Lenders may, however, disclose such information to each other and all of their respective officers, attorneys, auditors, accountants, bank examiners, agents and representatives who have a need to know such information in connection with the administration, interpretation or enforcement of the Loan Documents or the lending and collection activity contemplated therein or to the extent required by Law or a Governmental Authoritytherein. Administrative Agent and Lenders shall advise such Persons that such information is to be treated as confidential. Administrative Agent and any A Lender may also disclose such information in any documents that it files in any legal proceeding to pursue, enforce or preserve its rights under the Loan Documents to the extent that its such Lender's counsel advises in writing that such disclosure is reasonably necessary. Administrative Agent's and Lenders' non-disclosure obligation shall not apply to any information that (i) is disclosed to Administrative Agent or any a Lender by a third Person party not affiliated with or employed by Borrower who does not have a commensurate duty of non-disclosure, or (ii) becomes publicly known other than as a result of disclosure by Administrative Agent or a Lender.

Appears in 1 contract

Samples: Loan Agreement (Omniquip International Inc)

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Access to Officers and Auditors. Each Covered Person shall permit any Lender and Administrative Agent Persons authorized by Lender, upon reasonable prior notice and each of their representatives and agents during normal business hours, to discuss the businessaffairs, operations, revenues, financial condition, property, or business prospects finances and accounts of such Covered Person with its officers, accountants officers and independent auditors as often as Administrative Agent Lender may request in its discretionreasonably request, and such Covered Person shall direct such officers, accountants officers and independent auditors to cooperate with Administrative Agent, Lenders, and their representatives and agents, Lender and make full disclosure to Administrative Agent, Lenders, and their representatives and agents, Lender of those matters that they may deem relevant to the continuing ability of Borrower timely to pay and perform the Loan Obligations. Administrative Agent and each Lender agrees that it will not disclose to third Persons any information that it obtains about any Covered Person or its operations or finances that is reasonably considered are designated by Borrower or such Covered Person in writing as confidential or that Borrower or such Covered Person has advised Lender in writing constitutes non-public information. Administrative Agent and Lenders Lender may, however, disclose such information to each other and all of their its respective officers, attorneys, auditors, accountants, bank examiners, agents and representatives who have a need to know such information in connection with the administration, interpretation or enforcement of the Loan Documents or the lending and collection activity contemplated therein or to the extent required by Law or a Governmental Authority. Administrative Agent and Lenders Lender shall advise such Persons persons that such information is to be treated as confidential. Administrative Agent and any Lender may also disclose such information in any documents that it files in any legal proceeding to pursue, enforce or preserve its rights under the Loan Documents to the extent that its Lender's counsel advises in writing that such disclosure is reasonably necessary. Administrative AgentLender's and Lenders' non-disclosure obligation shall not apply to any information that (i) is disclosed to Administrative Agent or any Lender by a third Person not affiliated with or employed by Borrower who does not have a commensurate duty of non-disclosure, or (ii) becomes publicly known other than as a result of disclosure by Administrative Agent or a Lender.

Appears in 1 contract

Samples: Loan Agreement (Insituform Technologies Inc)

Access to Officers and Auditors. Each Covered Person shall permit any Lender and Administrative Agent and each of their representatives and agents Persons authorized by Lender to discuss the businessaffairs, operations, revenues, financial condition, property, or business prospects finances and accounts of such Covered Person with its officers, accountants officers and independent auditors as often as Administrative Agent Lender may request in its discretionreasonably request, and such Covered Person shall direct such officers, accountants officers and independent auditors to cooperate with Administrative Agent, Lenders, and their representatives and agents, Lender and make full disclosure to Administrative Agent, Lenders, and their representatives and agents, Lender of those matters that they may deem relevant to the continuing ability of Borrower timely to pay and perform the Loan Obligations. Administrative Agent and each Lender agrees that it will not disclose to third Persons any information that it obtains about any Covered Person Borrower or its operations or finances that is reasonably considered are designated by Borrower in writing as confidential or that Borrower has advised Lender in writing constitutes non-public information. Administrative Agent and Lenders Lender may, however, disclose such information to each other and all of their respective officers, attorneys, auditors, accountants, bank examiners, agents and representatives who have a need to know such information in connection with the administration, interpretation or enforcement of the Loan Documents or the lending and collection activity contemplated therein or to the extent required by Law or a Governmental Authority. Administrative Agent and Lenders Lender shall advise such Persons persons that such information is to be treated as confidential. Administrative Agent and any Lender may also disclose such information in any documents that it files in any legal proceeding to pursue, enforce or preserve its rights under the Loan Documents to the extent that its Lender's counsel advises in writing that such disclosure is reasonably necessarynecessary in connection with such proceedings. Administrative AgentLender's and Lenders' non-disclosure obligation shall not apply to any information that (i) is disclosed to Administrative Agent or any Lender by a third Person not affiliated with or employed by Borrower who does not have a commensurate duty of non-non- disclosure, or (ii) becomes publicly known other than as a result of disclosure by Administrative Agent or a Lender.

Appears in 1 contract

Samples: Loan Agreement (Intrav Inc)

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