Common use of Financial Advisor Access Clause in Contracts

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.

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 letterEngagement 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 letterEngagement 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 letterEngagement 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 provide the Lenders direct access to the Financial Advisor to conduct meetings and discussions (preferably with Lenders involvement of management representative(s) of the Borrower) as reasonably requested by LenderLender and provide to the Lenders any reports or work product developed by the Financial Advisor in the course of its services under the Engagement Letter; 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 direct access, meetings and discussions, including the specifics of any materials provided, (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 delayed, (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, and neither the Borrower nor the Financial Advisor shall be required to disclose any privileged information or communications that has been identified by the Borrower as being subject to the attorney-client privilege and that the Borrower and its legal counsel have determined in good faith that any further disclosure of such information or communications by the Financial Advisor would jeopardize the attorney-client privilege and (E) the Financial Advisor will not be required to and shall not discuss any information related to the Proprietary Matters (as defined in the Engagement Letter).