Commercial Finance Examinations Sample Clauses

Commercial Finance Examinations. Once during each calendar year, or more frequently if the Administrative Agent reasonably determines or if an Event of Default shall have occurred and be continuing, upon the request of the Administrative Agent, the Borrower will obtain and deliver to the Administrative Agent or, if the Administrative Agent so elects, will cooperate with the Administrative Agent in obtaining, a report of an independent commercial finance examiner satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Eligible Containers, Eligible Generators and Eligible Chassis included in the Borrowing Base, which report shall indicate whether or not the information set forth in the Borrowing Base Report most recently delivered is accurate and complete in all material respects based upon a review by such auditors of the Eligible Containers, Eligible Generators and Eligible Chassis. Prior to an Event of Default, one (1) such commercial finance examinations per annum shall be conducted and made at the expense of the Borrower and any additional commercial finance examination shall be conducted and made at the expense of the Lenders. After the occurrence and during the continuance of an Event of Default, all such commercial finance examinations shall be conducted and made at the expense of the Borrower. The Administrative Agent agrees to make all such commercial finance examinations available to each of the Lenders.
AutoNDA by SimpleDocs
Commercial Finance Examinations. The Borrower will permit the Agent's examiners and, if accompanied by the Agent or its examiners, a Bank's examiners, from time to time, to conduct, at the Borrower's reasonable expense, commercial finance examinations of the Borrower and its Subsidiaries.
Commercial Finance Examinations. No more frequently than once -------------------------------- each calendar year, or more frequently as determined by the Agent if an Event of Default shall have occurred and be continuing, upon the request of the Agent, the Borrower will permit the Banks, through the Agent or any of the Bank's other designated representatives, to conduct a commercial finance examination of the Borrower and its Subsidiaries, at such reasonable times and intervals as the Agent will request. All such commercial finance examinations shall be conducted and made at the expense of the Borrower.
Commercial Finance Examinations. The Borrower will permit commercial finance examiners engaged by the Agent to visit its premises and conduct an audit of such Person's books and records. The Borrower agrees to pay the reasonable fees and expenses of such commercial finance examinations; provided, that absent a Default or an -------- Event of Default the Borrower shall only be required to pay the fees and expenses of two (2) commercial finance examinations per year, the cost of such exams in the absence of a Default or Event of Default not to exceed $20,000 in the aggregate in any fiscal year.
Commercial Finance Examinations. The Borrower shall permit the Administrative Agent's commercial finance examiners to conduct periodic Commercial Finance Examinations (for use by the Administrative Agent and the Banks only) and the Borrower agrees that the Commercial Finance Examinations shall be at the Borrower's expense, provided that prior to a Default or an Event of Default, the Borrower shall not be obligated to pay for more than one Commercial Finance Examination during any twelve month period.
Commercial Finance Examinations. Once during each calendar year (provided that the Administrative Agent and the Lenders shall use commercially reasonable efforts to schedule such examination simultaneously with the commercial finance examination of the Manager pursuant to the Management Agreement), or more frequently if the Administrative Agent or any Lender reasonably determines or if an Event of Default shall have occurred and be continuing, upon the request of the Administrative Agent or any Lender, the Borrower will obtain and deliver to the Administrative Agent or, if the Administrative Agent so elects, will cooperate with the Administrative Agent in obtaining, a report of an independent commercial finance examiner satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Eligible Containers, Eligible Generator Sets and Eligible Direct Finance Leases included in the Borrowing Base, which report shall indicate whether or not the information set forth in the Borrowing Base Report most recently delivered is accurate and complete in all material respects based upon a review by such auditors of the Eligible Containers, Eligible Generator Sets and Eligible Direct Finance Leases. Prior to an Event of Default, one (1) such commercial finance examinations per annum shall be conducted and made at the expense of the Borrower and any additional commercial finance examinations shall be conducted and made at the expense of the Lenders. After the occurrence and during the continuance of an Event of Default, all such commercial finance examinations shall be conducted and made at the expense of the Borrower. The Administrative Agent agrees to make all such commercial finance examinations available to each of the Lenders.
Commercial Finance Examinations. Once during each calendar year (provided that the Administrative Agent and the Lenders shall use commercially reasonable efforts to schedule such examination simultaneously with the commercial finance examination of the Manager pursuant to the Management Agreement), or more frequently if an Event of Default shall have occurred and be continuing, upon the request of the Administrative Agent or any Lender, the Borrower will obtain and deliver to the Administrative Agent or, if the Administrative Agent so elects, will cooperate with the Administrative Agent in obtaining, a report of an independent commercial finance examiner satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Eligible Containers, included in the Borrowing Base, which report shall indicate whether or not the information set forth in the Borrowing Base Report most recently delivered is accurate and complete in all material respects based upon a review by such auditors of the Eligible Containers. Prior to an Event of Default, one (1) such commercial finance examinations per annum shall be conducted and made at the expense of the Borrower and any additional commercial finance examinations shall be conducted and made at the expense of the Lenders. After the occurrence and during the continuance of an Event of Default, all such commercial finance examinations shall be conducted and made at the expense of the Borrower. The Administrative Agent agrees to make all such commercial finance examinations available to each of the Lenders.
AutoNDA by SimpleDocs
Commercial Finance Examinations. No more frequently than quarterly, or at any time after the occurrence and during the continuance of an Event of Default, the Borrower will permit the Administrative Agent's examiners and, if accompanied by the Administrative Agent or its examiners, a Lender's examiners, from time to time, to conduct, at the Borrower's reasonable expense, commercial finance examinations of the Borrower and its Subsidiaries.
Commercial Finance Examinations. Not more frequently than two (2) times every calendar year, or if the Agent reasonably determines that a material deterioration has occurred in the Borrower's business or financial condition, not more frequently than three (3) times every calendar year, or more frequently as determined by the Agent if an Event of Default shall have occurred and shall be continuing, the Borrower shall permit the Agent's examiners to conduct commercial finance examinations, all at such reasonable times and intervals as the Agent may reasonably request. All such commercial finance examinations shall be conducted and made at the expense of the Borrower.
Commercial Finance Examinations. If an Event of Default shall have occurred and be continuing, at the Agent's request, the Borrower shall permit the Bank Agents' commercial finance examiners to conduct commercial finance examinations of the Borrower's and its Subsidiaries' property, all at such reasonable times and intervals as the Agent may reasonably request. All such commercial finance examinations shall be conducted and made at the expense of the Borrower.
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!