Agent Financial Advisor Sample Clauses
The 'Agent Financial Advisor' clause defines the role and responsibilities of a party designated as the financial advisor or agent within an agreement. Typically, this clause outlines the scope of the advisor's authority, such as providing financial guidance, executing transactions, or representing the principal in financial matters. It may also specify any limitations on the advisor's powers and the standards of care expected. The core function of this clause is to clearly establish the agent's duties and boundaries, thereby preventing misunderstandings and ensuring that both parties are aware of the advisor's permitted actions and obligations.
Agent Financial Advisor. The Borrower shall continue to cooperate in good faith to provide FTI Consulting, Inc. as the financial advisor of the Administrative Agent (the “Agent Financial Advisor”) with full access to examine and make copies of the books, records, accounts and documents of the Borrower and to discuss the affairs, finances and accounts of the Borrower with the Borrower’s officers, employees, agents or independent accountants, and shall promptly deliver any information, documentation, instruments and other materials reasonably requested by the Agent Financial Advisor in connection with their engagement, subject to reasonable requirements of safety and confidentiality, including requirements imposed by Applicable Law or by contract.
Agent Financial Advisor. The Administrative Agent has engaged Focus Management Group USA, Inc. as its financial advisor (including any successor financial advisor the “Agent Financial Advisor”) to, among other things, perform a review of the Credit Parties’ financial performance, financial reporting, financial forecasts and short term liquidity. The Credit Parties shall (a) provide the Agent Financial Advisor with reasonable access to the Credit Parties’ facilities, members of management and financial information as is necessary to perform the services within the scope of the engagement and (b) reimburse the Administrative Agent upon demand for the reasonable fees and expenses incurred by the Administrative Agent in connection with the engagement of the Agent Financial Advisor.
Agent Financial Advisor. The Loan Parties shall cooperate fully with the Agent Financial Advisor, including without limitation, providing the Agent Financial Advisor with reasonable access to the Loan Parties’ facilities, books and records, officers and outside consultants and any information reasonably necessary for the Agent Financial Advisor to perform the services within the scope of its engagement.
Agent Financial Advisor. In the event that the Administrative Agent engages (or directs its counsel to engage) a financial advisor (including any replacement or successor financial advisor, the “Agent Financial Advisor”) to, among other things, perform an enterprise valuation, a review of the Loan Parties’ financial performance, financial reporting, financial forecasts, business plan, liquidity and other related matters, the Loan Parties shall provide the Agent Financial Advisor with reasonable access to the Loan Parties’ facilities, members of senior management and financial information as is necessary to perform the services within the scope of the engagement. The Loan Parties shall reimburse the Administrative Agent promptly upon demand for the fees and expenses incurred by the Administrative Agent in connection with the retention of the Agent Financial Advisor.
(n) The following new Section 6.20 is hereby added to the Credit Agreement:
Agent Financial Advisor. Notwithstanding anything to the contrary contained in Section 8 of the Second Amendment and Waiver or in Section 9 of the Third Amendment and Waiver, the Agent shall be entitled to prompt reimbursement from the Loan Parties for fees and expenses incurred by the Agent in connection with services performed or expenses incurred by the Agent Financial Advisor (as defined in Section 8 of the Second Amendment and Waiver) from and after February 10, 2016 to the extent that, in the absence of any Event of Default (after giving effect to this Amendment), such fees and expenses do not exceed $100,000 in aggregate.
Agent Financial Advisor. The Loan Parties shall continue to provide the Agent Financial Advisor (as defined in Section 8 of the Second Amendment and Waiver) with reasonable access to the Loan Parties’ facilities, members of management and financial information as is necessary to perform the services within the scope of the Agent Financial Advisor’s Engagement. Notwithstanding anything to the contrary in Section 8 of the Second Amendment and Waiver, Section 9 of the Third Amendment and Waiver or Section 7 of the Fourth Amendment and Waiver, the Agent shall be entitled to prompt reimbursement from the Loan Parties for fees and expenses incurred by the Agent in connection with services performed or expenses incurred by the Agent Financial Advisor from and after the Fifth Amendment Effective Date (defined below) to the extent that, in the absence of any Event of Default (after giving effect to this Amendment), such fees and expenses do not exceed $350,000 in the aggregate.
Agent Financial Advisor. Notwithstanding the proviso set forth in the last sentence of Section 8 of the Second Amendment and Waiver, the Agent shall be entitled to prompt reimbursement from the Loan Parties for fees and expenses incurred by the Agent in connection with services performed or expenses incurred by the Agent Financial Advisor (as defined in Section 8 of the Second Amendment and Waiver) after October 30, 2015 to the extent that, in the absence of any Event of Default (after giving effect to this Amendment), such fees and expenses do not exceed $100,000 in aggregate.
Agent Financial Advisor. In the event that the Agent engages (or directs its counsel to engage) a financial advisor (including any replacement or successor financial advisor, the “Agent Financial Advisor”) to, among other things, perform a review of the Loan Parties’ financial performance, financial reporting, financial forecasts, accounting delays and other related matters, the Loan Parties shall provide the Agent Financial Advisor with reasonable access to the Loan Parties’ facilities, members of management and financial information as is necessary to perform the services within the scope of the engagement. The Agent acknowledges and agrees that any information provided by the Loan Parties to the Agent Financial Advisor shall be subject to Section 11.08 of the Credit Agreement. The Loan Parties shall reimburse the Agent promptly after demand for the reasonable fees and expenses incurred by the Agent in connection with the retention of the Agent Financial Advisor; provided that in the absence of an Event of Default, the Agent shall not be entitled to reimbursement for (a) more than one (1) Agent Financial Advisor engaged by (or on behalf of) the Agent at a time or (b) fees and expenses incurred by the Agent in connection with services performed or expenses incurred by the Agent Financial Advisor after October 30, 2015.