Common use of Field Audit, Examination Reports and other Information Clause in Contracts

Field Audit, Examination Reports and other Information. By signing this Agreement, each Lender and Co-Collateral Agent: (a) is deemed to have requested that Agent furnish such Lender and such Co-Collateral Agent, promptly after it becomes available, a copy of each field audit or examination report and report with respect to the Borrowing Base prepared or received by Agent (each field audit or examination report and report with respect to the borrowing base being referred to herein as a “Report” and collectively, “Reports”), appraisal and financial statements; (b) expressly agrees and acknowledges that neither the Agent or any Co-Collateral Agent (i) makes any representation or warranty as to the accuracy of any Report, appraisal or financial statement or (ii) shall be liable for any information contained in any Report, appraisal or financial statement; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that Agent or any other party performing any audit or examination will inspect only specific information regarding Borrowers and Guarantors and will rely significantly upon Borrowers’ and Guarantors’ books and records, as well as on representations of Borrowers’ and Guarantors’ personnel; and (d) agrees to keep all Reports confidential and strictly for its internal use in accordance with customary banking practices, and not to distribute or use any Report in any other manner.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

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Field Audit, Examination Reports and other Information. By signing this Agreement, each Lender and Co-Collateral AgentLender: (a) is deemed to have requested that the Agent furnish such Lender and such Co-Collateral AgentLender, promptly after it becomes available, a copy of each field audit or examination report and report with respect to the Borrowing Base prepared or received by the Agent (each field audit or examination report and report with respect to the borrowing base being referred to herein as a “Report” and collectively, “Reports”), appraisal and financial statements; (b) expressly agrees and acknowledges that neither the Agent or any Co-Collateral Agent (i) makes does not make any representation or warranty as to the accuracy of any Report, appraisal or financial statement or (ii) shall not be liable for any information contained in any Report, appraisal or financial statement; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that the Agent or any other party performing any audit or examination will inspect only specific information regarding the Borrowers and Guarantors and will rely significantly upon the Borrowers’ and Guarantors’ books and records, as well as on representations of the Borrowers’ and Guarantors’ personnel; and (d) agrees to keep all Reports confidential and strictly for its internal use in accordance with customary banking practices, and not to distribute or use any Report in any other manner.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

Field Audit, Examination Reports and other Information. By signing this Agreement, each Lender and Co-Collateral AgentLender: (a) is deemed to have requested that the Inventory Agent furnish such Lender and such Co-Collateral AgentLender, promptly after it becomes available, a copy of each field audit or examination report and report with respect to the Borrowing Base prepared or received by the Inventory Agent (each field audit or examination report and report with respect to the borrowing base being referred to herein as a "Report" and collectively, "Reports"), appraisal and financial statements; (b) expressly agrees and acknowledges that neither the Agent or any Co-Collateral Inventory Agent (i) makes does not make any representation or warranty as to the accuracy of any Report, appraisal or financial statement or (ii) shall not be liable for any information contained in any Report, appraisal or financial statement; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that the Inventory Agent or any other party performing any audit or examination will inspect only specific information regarding the Borrowers and Guarantors and will rely significantly upon the Borrowers' and Guarantors' books and records, as well as on representations of the Borrowers' and Guarantors' personnel; and (d) agrees to keep all Reports confidential and strictly for its internal use in accordance with customary banking practices, and not to distribute or use any Report in any other manner.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

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Field Audit, Examination Reports and other Information. By signing this Agreement, each Lender and Co-Collateral AgentLender: (a) is deemed to have requested that Agent furnish such Lender and such Co-Collateral AgentLender, promptly after it becomes available, a copy of each field audit or examination report and report with respect to the Borrowing Base prepared or received by Agent (each field audit or examination report and report with respect to the borrowing base being referred to herein as a “Report” and collectively, “Reports”), appraisal and financial statements; (b) expressly agrees and acknowledges that neither the Agent or any Co-Collateral Agent (i) makes does not make any representation or warranty as to the accuracy of any Report, appraisal or financial statement or (ii) shall not be liable for any information contained in any Report, appraisal or financial statement; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that Agent or any other party performing any audit or examination will inspect only specific information regarding Borrowers and Guarantors and will rely significantly upon Borrowers’ and Guarantors’ books and records, as well as on representations of Borrowers’ and Guarantors’ personnel; and (d) agrees to keep all Reports confidential and strictly for its internal use in accordance with customary banking practices, and not to distribute or use any Report in any other manner.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

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