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, as follows (i) a fee of $1,000 per day, per examiner, plus out-of-pocket expenses (including travel, meals, and lodging) for each field examination of Borrower performed by personnel employed by Agent, and (ii) the fees or charges paid or incurred by Agent (but, in any event, no less than a charge of $1,000 per day, per Person, plus out-of-pocket expenses (including travel, meals, and lodging)) if it elects to employ the services of one or more third Persons to perform field examinations of Borrower or its Subsidiaries, to establish electronic collateral reporting systems, or to appraise the Collateral, or any portion thereof; provided, that so long as no Event of Default shall have occurred and be continuing, Borrower shall not be obligated to reimburse Agent for more than 3 field examinations during any 12 month period, or more than 3 appraisals of Equipment or Equipment For Lease during any 12 month period, of which one such appraisal shall be a written desk-top appraisal. All appraisals shall be reasonably acceptable to Agent in form, scope and methodology, as well as assumptions and other terms, shall be addressed to Agent and shall expressly permit Agent to rely thereon.

Field Examination and Other Fees. Subject to the foregoing provisions of this Section 5.12, Borrower shall pay to Agent Administrative Agent, field examination, appraisal, examination and valuation appraisal fees and charges, as and when incurred or chargeable, as follows (i) a fee of up to $1,000 per day, per examiner, plus out-of-pocket expenses (including travel, meals, and lodging) for each field examination of Borrower Credit Parties performed by personnel employed by Administrative Agent, (ii) if implemented, a fee of up to $1,000 per day, per Person, plus out-of-pocket expenses (including travel, meals and lodging), if Administrative Agent elects to establish electronic collateral reporting systems, and (iiiii) the fees or charges paid or incurred by Administrative Agent (but, in any event, no less than a charge of up to $1,000 per day, per Person, plus out-of-pocket expenses (including travel, meals, and lodging)) if it elects to employ the services of one or more third Persons to perform field examinations of Borrower or its Subsidiaries, to establish electronic collateral reporting systemsCredit Parties, or to appraise the Collateral, or any portion thereof; provided, that so long as no Event of Default shall have has occurred and be is continuing, Borrower shall not be obligated to reimburse Administrative Agent for more than 3 field examinations during any 12 month period, or more than 3 appraisals of Equipment or Equipment For Lease during Inventory so long as Eligible Inventory constitutes less than 15% of the total Borrowing Base at the time any 12 month period, of which one such Inventory appraisal shall be a written desk-top appraisal. All appraisals shall be reasonably acceptable to Agent in form, scope and methodology, as well as assumptions and other terms, shall be addressed to Agent and shall expressly permit Agent to rely thereonis ordered.

Field Examination and Other Fees. Borrower shall pay to Agent Agent, field examination, appraisal, and valuation fees and charges, as and when incurred or chargeable, as follows (i) a fee of $1,000 per day, per examiner, plus out-of-pocket expenses (including travel, meals, and lodging) for each field examination of Borrower performed by personnel employed by Agent, and (ii) the fees or charges paid or incurred by Agent (but, in any event, no less than a charge of $1,000 per day, per Person, plus out-of-pocket expenses (including travel, meals, and lodging)) if it elects to employ the services of one or more third Persons to perform field examinations of Borrower or its Subsidiaries, to establish electronic collateral reporting systems, or to appraise the Collateral, or any portion thereof, or to assess Borrower’s or its Subsidiaries’ business valuation; provided, that (i) so long as no Event of Default shall have occurred and be continuing, Borrower shall not be obligated to reimburse Agent for more than 3 two (2) field examinations during any 12 month periodcalendar year and (ii) so long as no Event of Default shall have occurred and be continuing and Excess Availability exceeds 25% of the Maximum Revolver Amount at all times during such calendar year, or Borrower shall not be obligated to reimburse Agent for more than 3 appraisals one (1) appraisal of Equipment or Equipment For Lease Inventory during any 12 month period, of which one such appraisal shall be a written desk-top appraisal. All appraisals shall be reasonably acceptable to Agent in form, scope and methodology, as well as assumptions and other terms, shall be addressed to Agent and shall expressly permit Agent to rely thereoncalendar year.

Field Examination and Other Fees. Borrower Borrowers shall pay to Agent Agent, field examination, appraisal, and valuation fees and charges, as and when incurred or chargeable, as follows (i) a fee of $1,000 per day, per examiner, plus out-of-pocket expenses (including travel, meals, and lodging) for each field examination of any Borrower performed by personnel employed by Agent, and (ii) the fees or charges paid or incurred by Agent (but, in any event, no less than a charge of $1,000 per day, per Person, plus out-of-pocket expenses (including travel, meals, and lodging)) if it elects to employ the services of one or more third Persons to perform field examinations of Borrower Parent or its Subsidiaries, to establish electronic collateral reporting systems, or to appraise the Collateral, or any portion thereof; provided, that so long as no Event of Default shall have occurred and be continuing, Borrower (x) Borrowers shall not be obligated to reimburse Agent for more than 3 2 field examinations during any 12 month periodcalendar year, or more than 3 2 appraisals (comprised of Equipment or Equipment For Lease not more than one in-field appraisal and 1 desktop appraisal) of the Collateral during any 12 month periodcalendar year and (z) Agent shall not perform a new appraisal prior to July 1, of which one such appraisal shall be a written desk-top appraisal. All appraisals shall be reasonably acceptable to Agent in form, scope and methodology, as well as assumptions and other terms, shall be addressed to Agent and shall expressly permit Agent to rely thereon2013.

Field Examination and Other Fees. Borrower Borrowers shall pay to Agent Agent, field examination, appraisal, and valuation fees and charges, as and when incurred or chargeable, as follows (i) a fee of $1,000 per day, per examiner, plus out-of-pocket expenses (including travel, meals, and lodging) for each field examination of any Borrower performed by personnel employed by Agent, and (ii) the fees or charges paid or incurred by Agent (but, in any event, no less than a charge of $1,000 per day, per Person, plus out-of-pocket expenses (including travel, meals, and lodging)) if it elects to employ the services of one or more third Persons to perform field examinations of Borrower or its SubsidiariesLoan Parties, to establish electronic collateral reporting systems, or to appraise the Collateral, or any portion thereof, or to assess Loan Parties’ business valuation; provided, that so long as no Event of Default shall have occurred and be continuing, Borrower Borrowers shall not be obligated to reimburse Agent for more than 3 2 field examinations during any 12 month periodcalendar year, or more than 3 appraisals 1 appraisal of Equipment or Equipment For Lease the Collateral during any 12 month periodcalendar year (it being understood and agreed that Agent shall not require a field examination or appraisal covering any period for which Agent has received a field examination or appraisal, of which one such appraisal shall be a written desk-top appraisal. All appraisals shall be reasonably acceptable in form and substance, and performed by an examiner or appraiser, satisfactory to Agent in formAgent, scope and methodology, as well as assumptions and other terms, shall be addressed to Agent and shall expressly permit Agent to rely thereonfrom ABL Agent).

Field Examination and Other Fees. Borrower Borrowers shall pay to Agent or either Co-Collateral Agent, as applicable, field examination, appraisal, and valuation fees and charges, as and when incurred or chargeable, as follows (i) a fee of $1,000 (or the then prevailing rate) per day, per examiner, plus out-of-pocket expenses (including travel, meals, and lodging) for each field examination of Borrower Loan Parties performed by personnel employed by any Co-Collateral Agent, and (ii) the fees or charges paid or incurred by any Co-Collateral Agent (but, in any event, no less than a charge of $1,000 per day, per Person, plus out-of-pocket expenses (including travel, meals, and lodging)) if it elects to employ the services of one or more third Persons to perform field examinations of Borrower Parent or its Subsidiaries, to establish electronic collateral reporting systems, or to appraise the Collateral, or any portion thereof, to perform financial audits or quality of earnings analyses of Borrowers or their Subsidiaries, or to assess Parent's or its Subsidiaries' business valuation; provided, that so long as no Event of Default shall have occurred and be continuing, Borrower Borrowers shall not be obligated to reimburse Agent Co-Collateral Agents for more than 3 2 field examinations of Borrowers and their Subsidiaries during any 12 month period, calendar year or more than 3 2 appraisals of Equipment or Equipment For Lease the Inventory during any 12 month period, of which one such appraisal shall be a written desk-top appraisal. All appraisals shall be reasonably acceptable to Agent in form, scope and methodology, as well as assumptions and other terms, shall be addressed to Agent and shall expressly permit Agent to rely thereoncalendar year.

Field Examination and Other Fees. Borrower Borrowers shall pay to Agent Agent, field examination, appraisal, and valuation fees and charges, as and when incurred or chargeable, as follows follows (i) a fee of $1,000 per day, per examiner, plus out-of-pocket expenses (including travel, meals, and lodging) for each field examination of Borrower Borrowers performed by personnel employed by Agent, and (ii) the fees or charges paid or incurred by Agent (but, in any event, no less than a charge of $1,000 per day, per Person, plus out-of-pocket expenses (including travel, meals, and lodging)) if it elects to employ the services of one or more third Persons to perform field examinations of Borrower Borrowers or its their Subsidiaries, to establish electronic collateral reporting systems, or to appraise the Collateral, or any portion thereof, or to assess Borrowers’ or their Subsidiaries’ business valuation; provided, that so long as no Event of Default shall have occurred and be continuing, Borrower Borrowers shall not be obligated to reimburse Agent for more than 3 one (1) field examinations during any 12 month period, calendar year or more than 3 two (2) appraisals of Equipment or Equipment For Lease the Collateral during any 12 month periodcalendar year; provided, of which one such appraisal further, that Borrowers shall be obligated to reimburse Agent for a written desk-top appraisal. All appraisals shall be reasonably acceptable to Agent second field examination and a third Collateral appraisal performed in form, scope and methodology, as well as assumptions and other terms, shall be addressed to Agent and shall expressly permit Agent to rely thereonany calendar year if any Reporting Period occurs during such calendar year.