Financial Advisor Access Sample Clauses

Financial Advisor Access. The Credit Parties shall (i) provide access on its properties (including remote access as may be requested) to the Financial Advisor as frequently as the Financial Advisor reasonably determines to be appropriate in order to perform the agreed scope of work in the Financial Advisor’s engagement letter; (ii) make the Credit Parties’ directors, officers, employees and advisors available for meetings and discussions with Lenders and/or the Financial Advisor, at such times as shall be reasonably requested; (iii) permit the Financial Advisor to conduct monitoring and evaluations of the Borrower’s finances, financial condition, business and operations in order to perform the agreed scope of work in the Financial Advisor’s engagement letter; (iv) furnish information when reasonably requested and permit the Financial Advisor to inspect and obtain copies (including electronic data), as available, from the Borrower’s books and records in order to perform the agreed scope of work in the Financial Advisor’s engagement letter; (v) provide timely updates to the Financial Advisor on any changes in the business or expected financial performance that could reasonably be expected to have a material effect on the affairs of the Borrower; and (vi) authorize the Financial Advisor to conduct meetings and discussions with Lenders as reasonably requested by Lender; provided (A) such meetings and discussions shall not consume more than two hours of the Financial Advisor’s time in any week, (B) the Financial Advisor shall be required to keep the Borrower fully and promptly informed about the specifics of any such meetings and discussions, (C) Lenders shall not be entitled to instruct the Financial Advisor to provide any services or scope of work not authorized in writing by the Borrower or to modify any services or scope of work requested by the Borrower, without the prior written consent of the Borrower, such consent shall not be unreasonably withheld or delayed and (D) the Borrower shall be entitled to review and comment on any written materials that are to be shared by the Financial Advisor to Lenders.
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Related to Financial Advisor Access

  • Financial Advisors No Person has acted, directly or indirectly, as a broker, finder or financial advisor for Purchaser in connection with the transactions contemplated by this Agreement and no Person is entitled to any fee or commission or like payment in respect thereof.

  • Financial Advisor No broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the Merger or any of the other Contemplated Transactions based upon arrangements made by or on behalf of Parent.

  • No Financial Advisors Except as set forth in Section 2.20 of the Company Disclosure Schedule, no broker, finder or investment banker is entitled to any brokerage fee, finder’s fee, opinion fee, success fee, transaction fee or other fee or commission in connection with the Contemplated Transactions based upon arrangements made by or on behalf of the Company.

  • No Financial Advisor Other than the Underwriters, no person has the right to act as an underwriter or as a financial advisor to the Company in connection with the transactions contemplated hereby.

  • No Financial Advisor, Placement Agent, Broker or Finder The Company represents and warrants to the Investor that it has not engaged any financial advisor, placement agent, broker or finder in connection with the transactions contemplated hereby. The Investor represents and warrants to the Company that it has not engaged any financial advisor, placement agent, broker or finder in connection with the transactions contemplated hereby. The Company shall be responsible for the payment of any fees or commissions, if any, of any financial advisor, placement agent, broker or finder relating to or arising out of the transactions contemplated hereby. The Company shall pay, and hold the Investor harmless against, any liability, loss or expense (including, without limitation, attorneys' fees and out of pocket expenses) arising in connection with any such claim.

  • Opinions of Financial Advisors The Fund has received the opinion of Wachovia Capital Markets, LLC (“Wachovia”) financial advisor to the Fund, to the effect that, as of the date hereof, the Merger Consideration is fair from a financial point of view to the Partners. The Fund shall promptly deliver a copy of the written opinion of Wachovia to the Company. It is agreed and understood that such opinion is for the sole benefit of the Fund and may not be relied upon by the Company or Acquisition LLC (except by operation of law following the Effective Time) or any other person.

  • Brokers, Finders and Financial Advisors No broker, finder or financial advisor has acted for Purchaser in connection with this Agreement or the transactions contemplated hereby or thereby, and no broker, finder or financial advisor is entitled to any broker’s, finder’s or financial advisor’s fee or other commission in respect thereof based in any way on any contract with Purchaser.

  • Opinion of Financial Advisors SECTION 3.20

  • Investment Advisory Services The Adviser undertakes to act as investment adviser of the Portfolio and shall, subject to the supervision of the Fund's Board of Trustees, direct the investments of the Portfolio in accordance with the investment objective, policies and limitations as provided in the Portfolio's Prospectus or other governing instruments, as amended from time to time, the Investment Company Act of 1940 and rules thereunder, as amended from time to time (the "1940 Act"), and such other limitations as the Portfolio may impose by notice in writing to the Adviser. The Adviser shall also furnish for the use of the Portfolio office space and all necessary office facilities, equipment and personnel for servicing the investments of the Portfolio; and shall pay the salaries and fees of all officers of the Fund, of all Trustees of the Fund who are "interested persons" of the Fund or of the Adviser and of all personnel of the Fund or the Adviser performing services relating to research, statistical and investment activities. The Adviser is authorized, in its discretion and without prior consultation with the Portfolio, to buy, sell, lend and otherwise trade in any stocks, bonds and other securities and investment instruments on behalf of the Portfolio. The investment policies and all other actions of the Portfolio are and shall at all times be subject to the control and direction of the Fund's Board of Trustees.

  • Investment Advisory Agreement (A) The terms of the Investment Advisory Agreement, including compensation terms, comply in all material respects with all applicable provisions of the 1940 Act and the Advisers Act and (B) the approvals by the board of directors and the stockholders of the Company of the Investment Advisory Agreement have been made in accordance with the requirements of Section 15 of the 1940 Act applicable to companies that have elected to be regulated as business development companies under the 1940 Act.

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