Common use of Field Examination and Other Fees Clause in Contracts

Field Examination and Other Fees. Borrower shall pay to Agent, field examination, appraisal, and valuation fees and charges, as and when incurred or chargeable; provided, that for so long as no Default or Event of Default shall have occurred and be continuing, Borrower shall not be obligated to reimburse Agent for more than (A) two field examinations in any twelve month period, (B) two appraisals on Equipment in any twelve month period and (C) one appraisal on all other asset categories in any twelve month period; provided that any additional field examinations or appraisals required by Agent in any given twelve month period shall be performed at the expense of Agent; and, provided, further, that if a Default or Event of Default shall have occurred and be continuing, Agent may conduct additional field examinations and appraisals at Borrower’s expense. For the avoidance of doubt, the reimbursement limitations set forth in this clause (d) shall not apply to field examinations and appraisals conducted in connection with a Permitted Acquisition.

Appears in 3 contracts

Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.), First Lien Credit Agreement (Nuverra Environmental Solutions, Inc.)

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Field Examination and Other Fees. Borrower shall pay to Agent, Revolving Agent $12,500 per month in addition to third party field examination, appraisal, and valuation fees and charges, charges as and when incurred or chargeable; provided, that for so long as no Default or Event of Default shall have occurred and be continuing, Borrower shall not be obligated to reimburse Revolving Agent for more than (Ai) two field examinations in any twelve month period, (B2) two appraisals on Equipment in any twelve month period Field Exams and (C) one appraisal on all other asset categories Inventory Appraisals in any twelve month period; provided that any additional field examinations Field Exams or appraisals Inventory Appraisals required by Revolving Agent in any given twelve month period shall be performed at the expense of Revolving Agent; and, provided, further, that if a Default or an Event of Default shall have occurred and be continuing, Revolving Agent may conduct additional field examinations Field Exams and appraisals Inventory Appraisals at Borrower’s expense. For the avoidance of doubt, the reimbursement limitations set forth in this clause (df) shall not apply to field examinations Field Exams and appraisals Inventory Appraisals conducted in connection with a Permitted Business Acquisition (provided that unless agreed otherwise with the Borrower, there shall not be more than one such exam per Permitted Business Acquisition).

Appears in 3 contracts

Samples: Credit Agreement (Centric Brands Inc.), Credit Agreement (Centric Brands Inc.), First Lien Credit Agreement (Centric Brands Inc.)

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Field Examination and Other Fees. Borrower Borrowers shall pay in cash to Agent (including, during any Third Party Agent Retention Period, the Third Party Agent) and the Lenders, field examination, appraisal, and valuation fees and charges, charges as and when incurred or chargeable; provided, that for so long as no Default or Event of Default shall have occurred and be continuing, Borrower Borrowers shall not be obligated to reimburse Agent for more than (A) two field examinations in any twelve month period, (B) two appraisals on Equipment in any twelve month period Inventory appraisals, and (C) one appraisal on all other asset categories in any twelve month periodtwo Equipment appraisals; provided that any additional field examinations or appraisals required by Agent in any given twelve month period shall be performed at the expense of Agent; and, provided, further, that if a Default or Event of Default shall have occurred and be continuing, Agent may conduct additional field examinations and appraisals at Borrower’s Borrowers’ sole expense. For the avoidance of doubt, the reimbursement limitations set forth in this clause (dSection 2.09(c) shall not apply to field examinations and appraisals conducted in connection with a Permitted Acquisition.

Appears in 2 contracts

Samples: Credit Agreement (Endologix Inc /De/), Credit Agreement (Endologix Inc /De/)

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