Common use of Access to Records and Documents Clause in Contracts

Access to Records and Documents. It shall permit the Administrative Agent (or any Person designated by the Administrative Agent as its agent or representative, subject to delivery of standard confidentiality agreements) to, upon reasonable advance notice and during normal business hours, visit and inspect and make copies thereof at reasonable intervals: (i) its books, records and accounts relating to its business, financial condition, operations, assets and its performance under the Facility Documents and the Related Documents and to discuss the foregoing with its and such Person’s officers, partners, employees and accountants, and (ii) the Related Documents with respect to the Collateral; provided that, so long as no Event of Default has occurred and is continuing, there shall only be one such visit per fiscal year pursuant to either this Section 5.01(e) or Section 5.02(e) by the Lenders and the Administrative Agent; provided further that a designee selected by the Collateral Manager shall have the right to be present during any meeting with outside accountants. The Administrative Agent shall be permitted to schedule such visits on behalf of the Lenders and shall (1) coordinate in good faith with the Lenders to determine dates which are acceptable to the Majority Lenders and whenever possible occur on one such date as a single group and (2) provide 10 days’ prior notice to the Lenders of any such visit and any Lender shall be permitted to accompany the Administrative Agent in such visit.

Access to Records and Documents. It shall permit the Administrative Agent (or any Person designated by the Administrative Agent as its agent or representative, subject to delivery of standard confidentiality agreements) to, upon reasonable advance notice and during normal business hours, visit and inspect and make copies thereof at reasonable intervals: (i) intervals its books, records and accounts relating to its businessthe Collateral, financial conditionthe Borrower, operations, assets and its performance under the Facility Documents and the Related performance of the Collateral Manager under the Facility Documents and to discuss the foregoing with its and such Person’s officers, partners, employees and accountants, accountants (in each case other documents and (ii) information the Related Documents with respect to the Collateraldisclosure of which would violate any confidentiality agreement or restriction); provided that, that so long as no Event of Default has occurred and is continuing, there the Borrower shall be responsible for all costs and expenses for only be one such visit per fiscal year pursuant to either this Section 5.01(e5.02(e) or Section 5.02(e5.01(e) by the Lenders and the Administrative Agent; provided further that a designee selected by the Collateral Manager shall have the right to be present during any meeting with outside accountants. The Administrative Agent shall be permitted to schedule such visits on behalf of the Lenders and shall (1) coordinate in good faith with the Lenders to determine dates which are acceptable to the Majority Lenders and whenever possible occur on one such date as a single group and (2) provide 10 days’ prior notice to the Lenders of any such visit and any Lender shall be permitted to accompany the Administrative Agent in such visit.

Access to Records and Documents. It shall permit the Administrative Agent (or any Person designated by the Administrative Agent as its agent or representative, subject to delivery of standard confidentiality agreements) to, upon reasonable advance notice and during normal business hours, visit and inspect and make copies thereof at reasonable intervals: (i) intervals its books, records and accounts relating to its businessthe Collateral, financial conditionthe Borrower, operations, assets and its performance under the Facility Documents and the Related performance of the Servicer under the Facility Documents and to discuss the foregoing with its and such Person’s officers, partners, employees and accountantsaccountants (in each case other than (1) documents and information protected by the attorney-client privilege, privilege afforded to attorney work product or similar privilege in the Borrower's reasonable judgment, (2) documents and information which such Person may not disclose without violating Applicable Law and (ii3) documents and information the Related Documents with respect to the Collateraldisclosure of which would violate any confidentiality agreement or restriction); provided that, that so long as no Event of Default has occurred the Borrower shall be responsible for all costs and is continuing, there shall expenses for only be one such visit per fiscal year pursuant to either this Section 5.01(e5.02(e) or Section 5.02(e5.01(e) by the Lenders and the Administrative Agent; provided further that a designee selected by the Collateral Manager Servicer shall have the right to be present during any meeting with outside accountants; provided further, that, so long as no Event of Default has occurred and is continuing, the Administrative Agent shall not exercise such visit/inspection rights (or such visit/inspection rights under Section 5.01(e)) more than two times in any calendar year. The Administrative Agent shall be permitted to schedule such visits on behalf of the Lenders and shall (1) coordinate in good faith with the Lenders to determine dates which are acceptable to a majority of the Majority Lenders and whenever possible occur on one such date as a single group and (2) provide 10 days’ prior notice to the Lenders of any such visit and any Lender shall be permitted to accompany the Administrative Agent in such visit.

Access to Records and Documents. It shall permit the Administrative Agent (or any Person designated by the Administrative Agent as its agent or representative, subject to delivery of standard confidentiality agreements) to, upon reasonable advance notice and during normal business hours, visit and inspect and make copies thereof at reasonable intervals: (i) its books, records and accounts relating to its business, financial condition, USActive 56468589.1056468589.17 operations, assets and its performance under the Facility Documents and the Related Documents and to discuss the foregoing with its and such Person’s officers, partners, employees and accountants, and (ii) the Related Documents with respect to the Collateral; provided that, so long as no Event of Default has occurred occurred, the Borrower shall be responsible for all costs and is continuing, there shall expenses for only be one such visit per fiscal year pursuant to either this Section 5.01(e) or Section 5.02(e) by the Lenders and the Administrative Agent; provided further that a designee selected by the Collateral Manager Servicer shall have the right to be present during any meeting with outside accountants. The Administrative Agent shall be permitted to schedule such visits on behalf of the Lenders and shall (1) coordinate in good faith with the Lenders to determine dates which are acceptable to a majority of the Majority Lenders and whenever possible occur on one such date as a single group and (2) provide 10 days’ prior notice to the Lenders of any such visit and any Lender shall be permitted to accompany the Administrative Agent in such visit.