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.)
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/)