Common use of Books, Records and Access Clause in Contracts

Books, Records and Access. Maintain complete and accurate books and records (including, without limitation, records relating to Accounts Receivable, Inventory, Equipment and other Collateral), in which full and correct entries in conformity with GAAP shall be made of all dealings and transactions in relation to its respective business and activities. Cause its books and records as at the end of any calendar month to be posted and closed not more than 15 days after the last business day of such month. Permit access by the Lender and its agents or employees to the books and records of the Borrower at the Borrower's place or places of business at intervals to be determined by the Lender and without hindrance or delay, and permit the Lender or its agents and employees to inspect the Borrower's Inventory and Equipment, and to inspect, audit, check and make copies and/or extracts from the books, records, journals, orders, receipts, correspondence and other data relating to Inventory, Accounts Receivable, chattel paper, General Intangibles, Equipment and any other Collateral or Third Party Collateral, or to any other transactions between the parties hereto. Any and all such inspections and/or audits shall be at the Borrower's expense, including, without limitation, the pre-closing audit undertaken by the Lender, PROVIDED, HOWEVER, that as long as the Borrower is in full compliance with the terms and provisions of this Agreement, the Borrower will not be charged for more than three such inspections and/or audits per year (excluding the pre- closing audit) or for more than $3,000 per such inspection and/or audit actually occurring hereafter (excluding the pre-closing audit).

Books, Records and Access. Maintain Maintain, and cause each Subsidiary to maintain, complete and accurate books and records (including, without limitation, including but not limited to records relating to Accounts Receivable, Inventory, Equipment and other Collateral), in which full and correct entries in conformity with GAAP shall be made of all dealings and transactions in relation to its respective business and activities. Cause ; cause its books and records as at the end of any calendar month to be posted and closed not more than 15 fifteen (15) days after the last business day of such month. Permit ; and permit, and cause each Subsidiary to permit, access by the Lender and its agents or employees upon not less than one day's prior telephonic notice, such access to be given during normal business hours (except after an Event of Default or a Default shall have occurred and be continuing, in which case no notice shall be required and no limitation on the business hours of the investigation shall apply) to the books and records of the Borrower and such Subsidiary at the Borrower's or such Subsidiary's place or places of business at intervals to be determined by the Lender and without hindrance or delay, and on like notice permit the and cause each Subsidiary to permit Lender or its agents and employees to inspect the Borrower's Inventory and/or such Subsidiary's inventory and Equipment, to perform appraisals of Borrower's and/or such Subsidiary's equipment, and to inspect, audit, check and make copies and/or extracts from the books, records, computer data and records, computer programs, journals, orders, receipts, correspondence and other data relating to Inventory, Accounts Receivable, chattel paperContract Rights, General Intangibles, Equipment and any other Collateral or Third Party Collateral, or relating to any other transactions between the parties hereto. Any and all such inspections and/or audits shall be at the Borrower's expense, includingand Lender may advance the same to Borrower as a Loan. Notwithstanding the foregoing, without limitation, the pre-closing audit undertaken by the Lender, PROVIDED, HOWEVER, that as long as the no Event of Default or Default has occurred and is continuing, Borrower is in full compliance with the terms and provisions of this Agreement, the Borrower will shall not be charged required to reimburse Lender for appraisals of Equipment of Borrower and its Subsidiaries more frequently than three such inspections and/or audits per year (excluding the pre- closing audit) or for more than $3,000 per such inspection and/or audit actually occurring hereafter (excluding the pre-closing audit)once each Fiscal Year.

Books, Records and Access. Maintain Maintain, and cause each Subsidiary to maintain, complete and accurate books and records (including, without limitation, including but not limited to records relating to Accounts Receivable, Inventory, Equipment and other Collateral), in which full and correct entries in conformity with GAAP shall be made of all dealings and transactions in relation to its respective business and activities. Cause its books and records as at the end of any calendar month to be posted and closed not more than 15 ten (10) days after the last business day of such month. Permit Permit, and cause each Subsidiary to permit, access by the Lender and its agents or employees to the books and records of the Borrower and such Subsidiary at the Borrower's or such Subsidiary's place or places of business at intervals to be determined by the Lender and without hindrance or delay, and permit the and cause each Subsidiary to permit Lender or its agents and employees to inspect the Borrower's Inventory and EquipmentEquipment and such Subsidiary's inventory and equipment, to perform appraisals of Borrower's Equipment and each Subsidiary's equipment, and to inspect, audit, check and make copies and/or extracts from the books, records, computer data and records, computer programs, journals, orders, receipts, correspondence and other data relating to Inventory, Accounts Receivable, chattel paperContract Rights, General Intangibles, Equipment and any other Collateral or Third Party Collateral, or relating to any other transactions between the parties hereto. Any Borrower shall pay Lender an audit fee of $750 per auditor per day in connection with each audit performed by Lender or its agents and reimburse Lender for all out-of-pocket expenses incurred by Lender or its agents in connection with any and all such inspections and/or audits shall be at audits, and Lender may advance same to Borrower as a Revolving Loan. Notwithstanding the Borrower's expenseforegoing, including, without limitation, the pre-closing audit undertaken by the Lender, PROVIDED, HOWEVER, that as long as the no Event of Default or Unmatured Event of Default has occurred or is continuing Borrower is in full compliance with the terms and provisions of this Agreement, the Borrower will shall not be charged required to reimburse Lender for appraisals of Borrower's Equipment or the equipment of its Subsidiaries more frequently than three such inspections and/or audits per year (excluding the pre- closing audit) or for more than $3,000 per such inspection and/or audit actually occurring hereafter (excluding the pre-closing audit)once each Fiscal Year.

Books, Records and Access. Maintain Maintain, and cause each Subsidiary to maintain, complete and accurate books and records (including, without limitation, including but not limited to records relating to Accounts Receivable, Inventory, Equipment and other Collateral), in which full and correct entries in conformity with GAAP shall be made of all dealings and transactions in relation to its respective business and activitiesactivities such that financial statements in conformity with GAAP can be prepared. Cause its books and records as at the end of any calendar month to be posted and closed not more than 15 twenty-five (25) days after the last business day of such month. Permit Permit, and cause each Subsidiary to permit, access by the Lender and its agents or employees to the books and records of the Borrower and such Subsidiary at the Borrower's or such Subsidiary's place or places of business at intervals to be determined by the Lender and without hindrance or delay, and permit the and cause each Subsidiary to permit Lender or its agents and employees to inspect the Borrower's Inventory and EquipmentEquipment and such Subsidiary's inventory and equipment, to perform appraisals of Borrower's Equipment and such Subsidiary's equipment, and to inspect, audit, check and make copies and/or extracts from the books, records, computer data and records, computer programs, journals, orders, receipts, correspondence and other data relating to Inventory, Accounts Receivable, chattel paperContract Rights, General Intangibles, Equipment and any other Collateral or Third Party Collateral, or relating to any other transactions between the parties hereto. Any and all such inspections and/or audits shall be at the Borrower's expense, includingand Lender may advance same to Borrower as a Revolving Loan. Notwithstanding the foregoing or any other provision of this Agreement or any Related Agreement, without limitation, the pre-closing audit undertaken by the Lender, PROVIDED, HOWEVER, that (a) as long as no Event of Default or Unmatured Event of Default has occurred or is continuing, Borrower shall not be required to reimburse Lender for appraisals of Borrower's Equipment or the Borrower is in full compliance with equipment of its Subsidiaries more frequently than once each Fiscal Year and (b) Lender shall exercise its rights under this Section 5.5 (and under the terms and other provisions of this Agreement and each Related Agreement, the Borrower ) in a manner which will not be charged for more than three such inspections and/or audits per year (excluding unduly interfere with the pre- closing audit) or for more than $3,000 per such inspection and/or audit actually occurring hereafter (excluding the pre-closing audit)ordinary business operations of Borrower and its Subsidiaries.

Books, Records and Access. Maintain Maintain, and cause each Designated Subsidiary to maintain, complete and accurate books and records (including, without limitation, including but not limited to records relating to Accounts Receivable, Inventory, Equipment and other CollateralCollateral and property), in which full and correct entries in conformity with GAAP shall be made of all dealings and transactions in relation to its respective business and activities. Cause its the books and records of Borrower and each Designated Subsidiary as at the end of any calendar month to be posted and closed not more than 15 thirty (30) days after the last business day of such monthmonth except (i) forty-five (45) days after the end of each month closing a fiscal quarter and (ii) ninety (90) days after the end of each month closing a fiscal year. Permit Permit, and cause each Designated Subsidiary to permit, access by the Lender Agent and its agents or and employees to the books and records of the Borrower and such Designated Subsidiary at the Borrower's or such Designated Subsidiary's place or places of business at intervals to be determined by the Lender Agent upon reasonable prior notice and during normal business hours and without hindrance or delay, and permit the Lender or and cause each Designated Subsidiary to permit Agent and its agents and employees to inspect the Borrower's Inventory books and Equipmentrecords and location of such Designated Subsidiary, as applicable, and to inspect, audit, check and make copies and/or extracts from the books, records, computer data and records, computer programs, journals, orders, receipts, correspondence and other data relating to Inventory, Accounts Receivable, chattel paperand, General Intangibles, Equipment and any other Collateral or Third Party Collateraland property, or relating to any other transactions between the parties hereto; provided, that Borrower shall permit each Lender and its respective agents and employees to accompany Agent on each such visit; and provided further, that after the occurrence of an Event of Default, Agent and Lenders may have access to such premises at such times as they desire, without having given prior notice. Any and all such inspections inspections, appraisals and/or audits by Agent and its agents and employees relating to Borrower's or any Designated Subsidiary's books and records and locations shall be at the Borrower's expense, including, without limitation, no matter when the pre-closing audit undertaken by the Lender, PROVIDED, HOWEVER, that as long as the same shall occur. Agent may advance such costs for which Borrower is in full compliance with the terms and provisions of this Agreement, the responsible to Borrower will not be charged for more than three such inspections and/or audits per year (excluding the pre- closing audit) or for more than $3,000 per such inspection and/or audit actually occurring hereafter (excluding the pre-closing audit)as a Revolving Loan.

Books, Records and Access. Maintain Maintain, and cause each Subsidiary to maintain, complete and accurate books and records (including, without limitation, including but not limited to records relating to Accounts Receivable, Inventory, Equipment and other Collateral), in which full and correct entries in conformity with GAAP shall be made of all dealings and transactions in relation to its respective business and activitiesactivities such that financial statements in conformity with GAAP can be prepared. Cause its books and records as at the end of any calendar month to be posted and closed not more than 15 twenty-five (25) days after the last business day of such month. Permit Permit, and cause each Subsidiary to permit, access by the Lender and its agents or employees to the books and records of the such Borrower and such Subsidiary at the such Borrower's or such Subsidiary's place or places of business at intervals to be determined by the Lender and without hindrance or delay, and permit the and cause each Subsidiary to permit Lender or its agents and employees to inspect the such Borrower's Inventory and EquipmentEquipment and such Subsidiary's inventory and equipment, to perform appraisals of such Borrower's Equipment and such Subsidiary's equipment, and to inspect, audit, check and make copies and/or extracts from the books, records, computer data and records, computer programs, journals, orders, receipts, correspondence and other data relating to Inventory, Accounts Receivable, chattel paperContract Rights, General Intangibles, Equipment and any other Collateral or Third Party Collateral, or relating to any other transactions between the parties hereto. Any and all such inspections and/or audits shall be at the Borrower's expense, includingand Lender may advance same to Borrower as a Revolving Loan. Notwithstanding the foregoing or any other provision of this Agreement or any Related Agreement, without limitation, the pre-closing audit undertaken by the Lender, PROVIDED, HOWEVER, that (a) as long as no Event of Default or Unmatured Event of Default has occurred or is continuing, Borrower shall not be required to reimburse Lender for appraisals of Borrower's Equipment or the Borrower is in full compliance with equipment of its Subsidiaries more frequently than once each Fiscal Year and (b) Lender shall exercise its rights under this Section 5.5 (and under the terms and other provisions of this Agreement and each Related Agreement, the Borrower ) in a manner which will not be charged for more than three such inspections and/or audits per year (excluding unduly interfere with the pre- closing audit) or for more than $3,000 per such inspection and/or audit actually occurring hereafter (excluding the pre-closing audit)ordinary business operations of Borrower and its Subsidiaries.