Common use of Diligence and Inspections Clause in Contracts

Diligence and Inspections. At any time and from time to time during regular business hours and upon reasonable prior notice, permit the Administrative Agent, the Facility Agents or their agents or representatives: (i) to conduct periodic audits of the Pool Receivables and the Related Security and the related books and records and collection systems of the Servicer; (ii) to examine and make copies of and abstracts from the books and records in its possession or control relating to the Pool Receivables and Related Security, including, without limitation, the related Contracts; (iii) to visit the offices and properties of the Servicer for the purpose of examining the materials described in clause (ii) above; (iv) to discuss matters relating to the Receivables or the Servicer’s performance hereunder with any of the officers or employees of the Servicer having knowledge of such matters; provided that, (i) so long as no Advance Suspension Event, Potential Event of Termination or Event of Termination shall have occurred, the Servicer shall not be required to pay the expenses of more than one due diligence visit per year, (ii) the Administrative Agent and the Facility Agents shall coordinate their due diligence visits with each other and with their inspection of the Borrower pursuant to Section 5.01(c) and (iii) the Administrative Agent and the Facility Agents shall use commercially reasonable efforts to minimize disruption to the business of the Transaction Parties and to coordinate their due diligence visits with the audits to be conducted pursuant to Section 5.04(d).

Appears in 5 contracts

Samples: Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.)

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Diligence and Inspections. At any time and from time to time during regular business hours and upon reasonable prior notice, permit the Administrative Agent, the Facility Agents or their agents or representatives: (i) to conduct periodic audits of the Pool Receivables and the Related Security and the related books and records Records and collection systems of the ServicerBorrower; (ii) to examine and make copies of and abstracts from the books and records in its possession or control relating to the Pool Receivables and Related Security, including, without limitation, the related Contracts; (iii) to visit the offices and properties of the Servicer Borrower for the purpose of examining the materials described in clause (ii) above;; and (iv) to discuss matters relating to the Receivables or the ServicerBorrower’s performance hereunder with any of the officers or employees of the Servicer Borrower having knowledge of such matters; provided that, (i) so long as no Advance Suspension Event, Potential Event of Termination or Event of Termination shall have occurred, the Servicer Borrower shall not be required to pay the expenses of more than one due diligence visit and one audit per year, (ii) the Administrative Agent and the Facility Agents shall coordinate their due diligence visits with each other and with their inspection of the Borrower Servicer pursuant to Section 5.01(c5.04(c) and (iii) the Administrative Agent and the Facility Agents shall use commercially reasonable efforts to minimize disruption to the business of the Transaction Parties and to coordinate their due diligence visits with the audits to be conducted pursuant to Section 5.04(d).

Appears in 3 contracts

Samples: Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.)

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Diligence and Inspections. At any time and from time to time during regular business hours and upon reasonable prior notice, permit the Administrative Agent, the Facility Agents or their agents or representatives: (i) to conduct periodic audits of the Pool Receivables and the Related Security and the related books and records Records and collection systems of the ServicerBorrower; (ii) to examine and make copies of and abstracts from the books and records in its possession or control relating to the Pool Receivables and Related Security, including, without limitation, the related Contracts; (iii) to visit the offices and properties of the Servicer Borrower for the purpose of examining the materials described in clause (ii) above;; and (iv) to discuss matters relating to the Receivables or the ServicerBxxxxxxx’s performance hereunder with any of the officers or employees of the Servicer Borrower having knowledge of such matters; provided that, (i) so long as no Advance Suspension Event, Potential Event of Termination or Event of Termination shall have occurred, the Servicer Borrower shall not be required to pay the expenses of more than one due diligence visit and one audit per year, (ii) the Administrative Agent and the Facility Agents shall coordinate their due diligence visits with each other and with their inspection of the Borrower Servicer pursuant to Section 5.01(c5.04(c) and (iii) the Administrative Agent and the Facility Agents shall use commercially reasonable efforts to minimize disruption to the business of the Transaction Parties and to coordinate their due diligence visits with the audits to be conducted pursuant to Section 5.04(d).

Appears in 2 contracts

Samples: Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.)

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