Common use of Field Examination by Independent Public Accountants Clause in Contracts

Field Examination by Independent Public Accountants. Upon reasonable prior written notice of the Insurer at any time, it shall permit independent public accountants designated by the Insurer, from time to time to conduct a field examination(s), and in connection therewith shall permit such independent public accountants without limitation: (i) to inspect its books and records as they may relate to the Transaction, the Receivables, the Other Conveyed Property or any other assets in the Trust Estate, as the case may be, or its obligations under the Transaction Documents; (ii) to discuss its affairs, finances and accounts with its principal executive officer and its principal financial officer; and (iii) to discuss its affairs, finances and accounts with its independent accountants, provided that one of its officers shall have the right to be present during such discussions. Such inspections and discussions shall be conducted during normal business hours at Triad's cost and expense and shall not unreasonably disrupt the business of the Seller or the Servicer. Absent an Event of Default hereunder or under the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event, the Insurer shall not conduct such inspections and discussion more often than annually, unless otherwise mutually agreed by the Insurer and Triad. If, however, an Event of Default hereunder or under the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event has occurred and is continuing, the Insurer may increase the frequency of such audits to semi-annual, quarterly, or otherwise as it deems appropriate.

Appears in 4 contracts

Samples: Insurance and Indemnity Agreement (Triad Automobile Receivables Trust 2006-A), Insurance and Indemnity Agreement (Triad Automobile Receivables Trust 2005-A), Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)

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Field Examination by Independent Public Accountants. Upon reasonable prior written notice of the Insurer at any time, it shall permit independent public accountants designated by the Insurer, from time to time to conduct a field examination(s), and in connection therewith shall permit such independent public accountants without limitation: (i) to inspect its books and records as they may relate to the Transaction, the Receivables, the Other Conveyed Property or any other assets in the Trust Estate, as the case may be, or its obligations under the Transaction Documents; (ii) to discuss its affairs, finances and accounts with its principal executive officer and its principal financial officer; and (iii) to discuss its affairs, finances and accounts with its independent accountants, provided that one of its officers shall have the right to be present during such discussions. Such inspections and discussions shall be conducted during normal business hours at Triad's AmeriCredit’s cost and expense and shall not unreasonably disrupt the business of the Seller or the Servicer. Absent an Event of Default hereunder or under the Indenture, a Servicer Termination Event, Event or a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event, the Insurer shall not conduct such inspections and discussion more often than annually, unless otherwise mutually agreed by the Insurer and TriadAmeriCredit. If, however, an Event of Default hereunder or under the Indenture, a Servicer Termination Event, Event or a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event has occurred and is continuing, the Insurer may increase the frequency of such audits to semi-annual, quarterly, or otherwise as it deems appropriate.

Appears in 2 contracts

Samples: Insurance and Indemnity Agreement (Americredit Automobile Receivable Trust 2005-D-A), Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A)

Field Examination by Independent Public Accountants. Upon reasonable prior written notice of the Insurer at any time, it shall permit independent public accountants designated by the Insurer, from time to time to conduct a field examination(s), and in connection therewith shall permit such independent public accountants accountants, without limitation: (i) to inspect its books and records as they may relate to the Transaction, the Receivables, the Other Conveyed Property or any other assets in the Trust Estate, as the case may be, or its obligations under the Transaction Documentsrecords; (ii) to discuss its affairs, finances and accounts with its principal executive officer and its principal financial officer; and (iii) to discuss its affairs, finances and accounts with its independent accountants, ; provided that one of its officers and an officer of the Depositor or the Issuer, as the case may be, and one officer of Triad (if Triad is then the Servicer) shall have the right to be present during such discussions. Such inspections and discussions shall be conducted during normal business hours at Triad's the cost and expense of Triad and shall not unreasonably disrupt the business of the Seller Depositor or the ServicerIssuer, as the case may be. Absent an Event of Default hereunder or under the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event, the Insurer shall not conduct such inspections and discussion field examinations more often than annually, unless otherwise mutually agreed by the Insurer and Triad. If, however, an Event of Default hereunder or under the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event has occurred and is continuing, the Insurer may increase the frequency of such audits to semi-annual, quarterly, or otherwise as it deems appropriate.

Appears in 2 contracts

Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC), Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)

Field Examination by Independent Public Accountants. Upon reasonable prior written notice of the Insurer at any time, it shall permit independent public accountants designated by the Insurer, from time to time to conduct a field examination(s), and in connection therewith shall permit such independent public accountants without limitation: (i) to inspect its books and records as they may relate to the Transaction, the Receivables, the Other Conveyed Property Property, the Swap Agreement or any other assets in the Trust Estate, as the case may be, or its obligations under the Transaction Documents; (ii) to discuss its affairs, finances and accounts with its principal executive officer and its principal financial officer; and (iii) to discuss its affairs, finances and accounts with its independent accountants, provided that one of its officers shall have the right to be present during such discussions. Such inspections and discussions shall be conducted during normal business hours at Triad's ’s cost and expense and shall not unreasonably disrupt the business of the Seller or the Servicer. Absent an Event of Default hereunder or under the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event, the Insurer shall not conduct such inspections and discussion more often than annually, unless otherwise mutually agreed by the Insurer and Triad. If, however, an Event of Default hereunder or under the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event has occurred and is continuing, the Insurer may increase the frequency of such audits to semi-annual, quarterly, or otherwise as it deems appropriate.

Appears in 2 contracts

Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC), Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)

Field Examination by Independent Public Accountants. Upon reasonable prior written notice of the Insurer at any time, it shall permit independent public accountants designated by the Insurer, from time to time to conduct a field examination(s), and in connection therewith shall permit such independent public accountants without limitation: (i) to inspect its books and records as they may relate to the Transaction, the Receivables, the Other Conveyed Property or any other assets in the Trust Estate, as the case may be, or its obligations under the Transaction Documents; (ii) to discuss its affairs, finances and accounts with its principal executive officer and its principal financial officer; and (iii) to discuss its affairs, finances and accounts with its independent accountants, provided that one of its officers shall have the right to be present during such discussions. Such inspections and discussions shall be conducted during normal business hours at Triad's ’s cost and expense and shall not unreasonably disrupt the business of the Seller Sponsor or the Servicer. Absent an Event of Default hereunder or under the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event, the Insurer shall not conduct such inspections and discussion more often than annually, unless otherwise mutually agreed by the Insurer and Triad. If, however, an Event of Default hereunder or under the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event has occurred and is continuing, the Insurer may increase the frequency of such audits to semi-annual, quarterly, or otherwise as it deems appropriate.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)

Field Examination by Independent Public Accountants. Upon reasonable prior written notice of the Insurer at any timetime and in any event at least annually, in each case except at otherwise noted below, it shall permit independent public accountants or other financial consultants designated by the Insurer, from time to time Insurer to conduct a field examination(s)) from time to time with such procedures as the Insurer shall determine in its discretion, and in connection therewith shall permit such independent public accountants or other financial consultants without limitation: (i) to inspect its books and records and those of the Issuer and the Seller as they may relate to the Transaction, the ReceivablesAsset Pool, the Other Conveyed Property or any other assets in the Trust Estate, as the case may be, Notes or its obligations under the Transaction Company Documents; (ii) to discuss its affairs, finances and accounts and those of the Issuer and the Seller with its principal executive officer and its principal financial officer; and (iii) to discuss its affairs, finances and accounts with its independent accountants, provided that one of its officers shall have the right to be present during such discussions. Such inspections and discussions shall be conducted during normal business hours at TriadIOS Capital's reasonable cost and expense prior to a Default or Event of Default, and at its cost and expense from and after the occurrence of a Default or Event of Default and shall not unreasonably disrupt the business of the Seller or the ServicerIOS Capital. Absent a Default or an event which, with or without notice or lapse of time or both would constitute an Event of Default hereunder or under Default), it is the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event, the Insurer shall not Insurer's intent to conduct such inspections and discussion or discussions not more often than annually, unless otherwise mutually agreed by the Insurer and Triad. If, however, a Default or an event which, with or without notice or lapse of time or both would constitute an Event of Default hereunder or under the IndentureDefault, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event has occurred and or if the Insurer, in its sole discretion, determines that there has occurred or is continuingreasonably likely to occur a deterioration in the assets or financial condition of IOS Capital or the Issuer, or it determines that it is appropriate to verify information being provided by the Insurer Servicer pursuant to the Company Documents, it may increase the frequency of such audits to semi-annual, quarterly, or otherwise as it deems appropriateappropriate and IOS Capital shall make its premises and books and records available on two (2) Business Day's notice for such purposes. Without limiting the foregoing, upon the occurrence of a Default or an event which, with or without notice or lapse of time or both would constitute an Event of Default), IOS Capital shall make its principal officers available to discuss the Transaction with representatives of the Insurer within two (2) days of receipt by IOS Capital of such a request from the Insurer.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Ikon Receivables Funding LLC)

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Field Examination by Independent Public Accountants. Upon reasonable prior written notice of the Insurer at any time, it shall permit independent public accountants designated by the Insurer, from time to time to conduct a field examination(s), and in connection therewith shall permit such independent public accountants accountants, without limitation: (i) to inspect its books and records as they may relate to the Transaction, the Receivables, the Other Conveyed Property or any other assets in the Trust Estate, as the case may be, or its obligations under the Transaction Documentsrecords; (ii) to discuss its affairs, finances and accounts with its principal executive officer and its principal financial officer; and (iii) to discuss its affairs, finances and accounts with its independent accountants, ; provided that one of its officers and an officer of the Depositor or the Issuing Entity, as the case may be, and one officer of Triad (if Triad is then the Servicer) shall have the right to be present during such discussions. Such inspections and discussions shall be conducted during normal business hours at Triad's the cost and expense of Triad and shall not unreasonably disrupt the business of the Seller Depositor or the ServicerIssuing Entity, as the case may be. Absent an Event of Default hereunder or under the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event, the Insurer shall not conduct such inspections and discussion field examinations more often than annually, unless otherwise mutually agreed by the Insurer and Triad. If, however, an Event of Default hereunder or under the Indenture, a Servicer Termination Event, a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event has occurred and is continuing, the Insurer may increase the frequency of such audits to semi-annual, quarterly, or otherwise as it deems appropriate.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)

Field Examination by Independent Public Accountants. Upon reasonable prior written notice of the Insurer at any time, it shall permit independent public accountants designated by the Insurer, from time to time to conduct a field examination(s), and in connection therewith shall permit such independent public accountants accountants, without limitation: (i) to inspect its books and records as they may relate to the Transaction, the Receivables, the Other Conveyed Property or any other assets in the Trust Estate, as the case may be, or its obligations under the Transaction Documentsrecords; (ii) to discuss its affairs, finances and accounts with its principal executive officer and its principal financial officer; and (iii) to discuss its affairs, finances and accounts with its independent accountants, ; provided that one of its officers and an officer of the Seller or the Issuer, as the case may be, and an officer of AmeriCredit (if AmeriCredit is then the Servicer) shall have the right to be present during such discussions. Such inspections and discussions shall be conducted during normal business hours at Triad's the cost and expense of AmeriCredit and shall not unreasonably disrupt the business of the Seller or the ServicerIssuer, as the case may be. Absent an Event of Default hereunder or under the Indenture, a Servicer Termination Event, Event or a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event, the Insurer shall not conduct such inspections and discussion field examinations more often than annually, unless otherwise mutually agreed by the Insurer and TriadAmeriCredit. If, however, an Event of Default hereunder or under the Indenture, a Servicer Termination Event, Event or a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event has occurred and is continuing, the Insurer may increase the frequency of such audits to semi-annual, quarterly, or otherwise as it deems appropriate.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Americredit Automobile Receivable Trust 2005-D-A)

Field Examination by Independent Public Accountants. Upon reasonable prior written notice of the Insurer at any time, it shall permit independent public accountants designated by the Insurer, from time to time to conduct a field examination(s), and in connection therewith shall permit such independent public accountants accountants, without limitation: (i) to inspect its books and records as they may relate to the Transaction, the Receivables, the Other Conveyed Property or any other assets in the Trust Estate, as the case may be, or its obligations under the Transaction Documentsrecords; (ii) to discuss its affairs, finances and accounts with its principal executive officer and its principal financial officer; and (iii) to discuss its affairs, finances and accounts with its independent accountants, ; provided that one of its officers and an officer of the Seller or the Issuer, as the case may be, and one officer of AmeriCredit (if AmeriCredit is then the Servicer) shall have the right to be present during such discussions. Such inspections and discussions shall be conducted during normal business hours at Triad's the cost and expense of AmeriCredit and shall not unreasonably disrupt the business of the Seller or the ServicerIssuer, as the case may be. Absent an Event of Default hereunder or under the Indenture, a Servicer Termination Event, Event or a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event, the Insurer shall not conduct such inspections and discussion field examinations more often than annually, unless otherwise mutually agreed by the Insurer and TriadAmeriCredit. If, however, an Event of Default hereunder or under the Indenture, a Servicer Termination Event, Event or a Trigger Event, a Spread Cap Event or an Insurance Agreement Repurchase Event has occurred and is continuing, the Insurer may increase the frequency of such audits to semi-annual, quarterly, or otherwise as it deems appropriate.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A)

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