Common use of Borrowing Base Determination Clause in Contracts

Borrowing Base Determination. (a) No later than 15 days after the last day of each calendar month or more frequently as requested by the Administrative Agent, a Borrowing Base Certificate as of the first day of such month executed by a Responsible Officer of the Borrower. The Borrower agrees that each Borrowing Base Certificate delivered by the Borrower shall be accompanied by appropriate supporting data and shall not be deemed delivered until verified by the Administrative Agent to the Administrative Agent's satisfaction. Upon verification by the Administrative Agent, each Borrowing Base Certificate shall be deemed delivered for purposes of determining the Borrowing Base as of the date of its actual delivery. The Borrower agrees that the Administrative Agent in the process of its verification may determine, in its reasonable discretion, the particular category to which any Borrowing Base Asset belongs. (b) The Administrative Agent may (prior to the occurrence of an Event of Default, at its sole cost and expense, and, after and during the continuance of an Event of Default, at the Borrower's sole cost and expense) make physical verifications of the Borrowing Base Assets in any manner and through any medium that the Administrative Agent considers advisable, and the Borrower shall furnish all such assistance and information as the Administrative Agent may require in connection therewith.

Borrowing Base Determination. (ai) No later than 15 30 days after the last day of each calendar month or more frequently as requested by the Administrative Agent, the Borrower shall provide a Borrowing Base Certificate as of the first day of such month executed by a Responsible Officer of the Borrower. The Borrower agrees that each Borrowing Base Certificate delivered by the Borrower shall be accompanied by appropriate supporting data and shall not be deemed delivered until verified by the Administrative Agent to the Administrative Agent's satisfaction. Upon verification by the Administrative Agent, each Borrowing Base Certificate shall be deemed delivered for purposes of determining the Borrowing Base as of the date of its actual delivery. The Borrower agrees that the Administrative Agent in the process of its verification may determine, in its reasonable discretion, the particular category to which any Borrowing Base Asset belongs. (bii) The Administrative Agent may (prior to the occurrence of an Event of Default, at its sole cost and expenseexpense and with 14 days prior written notice to the Borrower, and, after and during the continuance of an Event of Default, at the Borrower's sole cost and expense) make physical verifications of the Borrowing Base Assets in any manner and through any medium that the Administrative Agent considers advisable, and the Borrower shall furnish all such assistance and information as the Administrative Agent may require in connection therewith.

Borrowing Base Determination. (ai) No later than 15 30 days after the last day of each calendar month or more frequently as requested by the Administrative Agent, the Borrower shall provide a Borrowing Base Certificate as of the first day of such month executed by a Responsible Officer of the Borrower. The Borrower agrees that each Borrowing Base Certificate delivered by the Borrower shall be accompanied by appropriate supporting data and shall not be deemed delivered until verified by the Administrative Agent to the Administrative Agent's ’s satisfaction. Upon verification by the Administrative Agent, each Borrowing Base Certificate shall be deemed delivered for purposes of determining the Borrowing Base as of the date of its actual delivery. The Borrower agrees that the Administrative Agent in the process of its verification may determine, in its reasonable discretion, the particular category to which any Borrowing Base Asset belongs. (bii) The Administrative Agent may (prior to the occurrence of an Event of Default, at its sole cost and expenseexpense and with 14 days prior written notice to the Borrower, and, after and during the continuance of an Event of Default, at the Borrower's ’s sole cost and expense) make physical verifications of the Borrowing Base Assets in any manner and through any medium that the Administrative Agent considers advisable, and the Borrower shall furnish all such assistance and information as the Administrative Agent may require in connection therewith.

Borrowing Base Determination. (a) No later Not less than 15 days after once each week the last day of each calendar month or more frequently as requested by Borrower shall deliver to the Administrative Agent, Agent a Borrowing Base Certificate Certificate, as of the first day of such month delivery and executed by a Responsible Officer of the Borrower; (b) Group consents and agrees (i) that the Administrative Agent, on behalf of the Lenders, may appoint an independent or an internal third party appraiser to conduct and conclude quarterly field audits with respect to Inventory owned by Group or any of its Subsidiaries and (ii) Group shall conduct, or shall cause to be conducted, and upon request of the Administrative Agent, and present to the Administrative Agent for approval, such appraisals, investigations and reviews as the Administrative Agent shall reasonably request, all upon notice and at such times during normal business hours and as often as may be reasonably requested, in each case at the expense of Group and for the purpose of determining the Borrowing Base. The Borrower agrees that each shall furnish to the Administrative Agent any information which the Administrative Agent may reasonably request regarding the determination and calculation of the Borrowing Base Certificate delivered by including correct and complete copies of any invoices, underlying agreements, instruments or other documents and the Borrower shall be accompanied by appropriate supporting data and shall not be deemed delivered until verified identity of all Account Debtors in respect of Accounts referred to therein. The Loan Parties further agree to use their reasonable best efforts to assist each appraiser appointed by the Administrative Agent to the Administrative Agent's satisfaction. Upon verification by the Administrative Agent, each Borrowing Base Certificate shall be deemed delivered for purposes of determining the Borrowing Base as of the date of its actual delivery. The Borrower agrees that the Administrative Agent in the process of its verification may determine, in its reasonable discretion, the particular category to which any Borrowing Base Asset belongsconduct and conclude such field audits. (bc) The Administrative Agent may (prior to the occurrence of an Event of Defaultmay, at its Group's sole cost and expense, and, after and during the continuance of an Event of Default, at the Borrower's sole cost and expense) make physical test verifications of the Borrowing Base Assets Accounts in any manner and through any medium that the Administrative Agent considers advisable, and the Borrower shall furnish all such assistance and information as the Administrative Agent may require in connection therewith.