Examination of Banking Records. Borrower consents to the examination by the Agent (by and through its officers and employees), or any Person designated by the Agent in writing (including officers and employees of the other Lenders), whether or not there shall have occurred a Default or a Matured Default, of any and all of banking records of Borrower and its consolidated subsidiaries, wherever they may be found, and directs any Person which may be in control or possession of such records (including without limitation, any bank, other financial institution, accountant or lawyer) to provide such records to the Agent and the Agent’s officers, employees and agents, upon their request. Such examination may be conducted by the Agent with or without notice to Borrower at the option of the Agent, any such notice being waived by Borrower.
Examination of Banking Records. The Borrower consents to the examination by the Agent, the Agent's officers, employees and agents, or any of them, whether or not there shall have occurred a Matured Default, of any and all of the Borrower's banking records, wherever they may be found, and directs any Person which may be in control or possession of such records (including, without limitation, any bank, other financial institution or accountant) to provide such records to the Agent and the Agent's officers, employees and agents, upon their request. The Agent may conduct such examination with reasonable notice to the Borrower at the option of the Agent, any such notice being waived by the Borrower. Nothing in this Section 13.7 shall be construed to require any accountant to provide materials to the Agent or the Agent's officers, employees and agents, which is subject to a valid privilege.
Examination of Banking Records. Borrower consents to the examination by U.S. Bank, U.S. Bank’s officers, employees and agents, or any of them, whether or not there shall have occurred a Default or a Matured Default, of any and all of Borrower’s banking records, wherever they may be found, and directs any Person which may be in control or possession of such records (including without limitation, any bank, other financial institution, accountant or lawyer) to provide such records to U.S. Bank and U.S. Bank’s officers, employees and agents, upon their request. Such examination may be conducted by U.S. Bank with or without notice to Borrower at the option of U.S. Bank, any such notice being waived by Borrower.
Examination of Banking Records. The Borrower consents to the examination by the Agent, the Agent's officers, employees and agents, or any of them, whether or not there shall have occurred a Default or a Matured Default, of any and all of the Borrower's banking records, wherever they may be found, and directs any Person which may be in control or possession of such records (including without limitation, any bank, other financial institution, accountant or lawyer) to provide such records to the Agent and the Agent's officers, employees and agents, upon their request. Such examination may be conducted by the Agent upon reasonable notice to the Borrower and during normal business hours in the absence of a Default, and without notice to the Borrower and at any time after the occurrence of a Default, any such notice after the occurrence of a Default being waived by the Borrower. After the occurrence of a Matured Default, the rights granted to the Agent pursuant to this Section 13.7 shall also exist in favor of each Lender.
Examination of Banking Records. Borrower consents to the examination ------------------------------ by FBS Ag Credit, FBS Ag Credit's officers, employees and agents, or any of them, whether or not there shall have occurred a Default or a Matured Default, of any and all of Borrower's not privileged banking records, wherever they may be found, and directs any Person which may be in control or possession of such records (including without limitation, any bank, other financial institution, accountant or lawyer) to provide such records to FBS Ag Credit and FBS Ag Credit's officers, employees and agents, upon their request. Such examination may be conducted by FBS Ag Credit with or without notice to Borrower at the option of FBS Ag Credit, any such notice being waived by Borrower.
Examination of Banking Records. Each Borrower consents to the examination by Lender (by and through its officers and employees), or any Person designated by Lender in writing, whether or not there shall have occurred a Default or a Matured Default, of any and all of such Borrower's banking records, wherever they may be found, and directs any Person that may be in control or possession of such records (including without limitation, any bank, financial institution, accountant or lawyer) to provide such records to Lender and Lender's officers, employees and agents, upon their request. Such examination may be conducted by Lender with or without notice to Borrowers at the option of Lender, any such notice being waived by Borrowers.
Examination of Banking Records. The Borrower consents to the examination by the Lender, the Lender's officers, employees and agents, or any of them, whether or not there shall have occurred a Default or an Event of Default, of any and all of the Borrower's banking records, wherever they may be found, and directs any Person which may be in control or possession of such records (including without limitation, any bank, other financial institution, accountant or lawyer) to provide such records to the Lender and the Lender's officers, employees and agents, upon their request. Such examination may be conducted by the Lender with or without notice to the Borrower at the option of the Lender, any such notice being waived by the Borrower. Expenses of such examination shall be allocated as provided in Section 7.8.
Examination of Banking Records. The Borrower consents to the examination by the Lender, the Lender’s officers, employees and agents, or any of them, all of Borrower’s banking records, upon their request. Such examination may be conducted by the Lender upon reasonable notice to the Borrower.
Examination of Banking Records. 73 13.8 Governmental Reports...............................................73 13.9 Reliance by the Agent, the Issuers and the Lenders.................73 13.10 Parties............................................................73 13.11 Applicable Law; Severability.......................................74 13.12 SUBMISSION TO JURISDICTION; WAIVER OF BOND AND TRIAL BY JURY.......74 13.13 Application of Payments............................................74 13.14 Marshaling; Payments Set Aside.....................................76 13.15 Section Titles.....................................................76 13.16 Continuing Effect..................................................76 13.17 No Waiver..........................................................77 13.18 Notices............................................................77 13.19 Maximum Interest...................................................78 13.20 Representations by the Lenders and Swing Line Lender...............79 13.21 Counterparts and Facsimile Signatures..............................79 13.22 Set-off............................................................79 13.23 Assignments and Participation......................................80 13.24 Loan Agreement Controls............................................83 13.25 Obligations Several................................................83 13.26 Pro Rata Treatment.................................................83 13.27 Confidentiality....................................................84 13.28 Independence of Covenants..........................................84 -v- TABLE OF CONTENTS (Continued) Page 13.29 Amendments and Waivers.............................................84 13.30 Binding Effect.....................................................85 13.31 FINAL AGREEMENT....................................................85 13.32 Water Rights Acquisition...........................................85 13.33 USA Patriot Act Notice.............................................86 -vi- List of Exhibits Exhibit 1A Lender Commitment Amounts Exhibit 1B Borrowing Base Calculation Exhibit 1C Borrowing Base Certificate Exhibit 2A Line of Credit Note Exhibit 2B Term Note Exhibit 2C Swing Line Note Exhibit 3A(i) Account Debtors of Borrower Exhibit 3B(i) Borrower's Inventory Locations Exhibit 7A Litigation Exhibit 7B Material Contract Defaults Exhibit 7C Intellectual Property Exhibit 7D Existing Liens Exhibit 7E Tax Liability Issues Exhibit 7F Indebtedness Exhibit ...
Examination of Banking Records. The Borrower consents to the examination by the Agent, the Agent's officers, employees and agents, or any of them, after the occurrence and during the continuance of a Default or a Matured Default, of any and all of the Borrower's banking records, wherever they may be found, and directs any Person which may be in control or possession of such records (including without limitation, any bank, other financial institution, accountant or lawyer) to provide such records to the Agent and the Agent's officers, employees and agents, upon their request. Such examination may be conducted by the Agent with prior notice to the Borrower, which notice need not be written, any such written notice being waived by the Borrower.
