Common use of Failure to Provide Accounting Clause in Contracts

Failure to Provide Accounting. If the Collateral Agent shall not have received any accounting provided for in this Section 8.06 on the first Business Day after the date on which such accounting is due to the Collateral Agent, the Collateral Agent shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 8.06 as a result of the failure of the Borrower (or the Collateral Agent on its behalf) to provide such information or reports, the Collateral Manager shall be entitled to retain an independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such independent certified public accountant shall be paid by the Borrower.

Appears in 3 contracts

Samples: Credit and Security Agreement (WhiteHorse Finance, Inc.), Credit and Security Agreement (WhiteHorse Finance, Inc.), Revolving Credit and Security Agreement (WhiteHorse Finance, LLC)

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Failure to Provide Accounting. If the Collateral Agent Trustee shall not have received any accounting provided for in this Section 8.06 10.7(d) (Accountings) on the first Business Day after the date on which such accounting is due to the Collateral AgentTrustee, the Collateral Agent Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 8.06 10.7(d) (Accountings) as a result of the failure of the Borrower (or the Collateral Agent on its behalf) Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an independent Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such independent Independent certified public accountant shall be paid by the BorrowerIssuer.

Appears in 1 contract

Samples: Indenture and Security Agreement (Varagon Capital Corp)

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