Financial Examination, and Documentation Fees Sample Clauses

Financial Examination, and Documentation Fees. (i) Banks’ out of pocket expenses for each auditor or other personnel, whether employed by or an independent contractor to Banks or either of them, plus out-of-pocket expenses for each financial analysis and examination (i.e., audits or otherwise) of Borrower and its Subsidiaries or Affiliates in connection therewith.

Financial Examination, and Documentation Fees. For each of the respective sole and separate accounts of Agent and each Lender that exercises its rights under SECTION 4.6 hereof: (i) a separate fee of $650 per day per examiner, plus out-of-pocket expenses, for each financial analysis and examination (i.e., audits) of the Covenant Parties performed by the respective personnel employed by Agent or by such Lender; PROVIDED, HOWEVER, that, so long as no Event of Default has occurred and is continuing, Agent and each Lender will not perform an audit examination of the Covenant Parties and their businesses more frequently than four times per year; (ii) a separate appraisal fee of $1,500 per day per appraiser, plus out-of-pocket expenses, for each appraisal of the properties and assets of the Covenant Parties performed by the respective personnel employed by Agent or by such Lender; PROVIDED, HOWEVER, that, solely with respect to appraisals of spectrum rights (which appraisals shall be conducted by Xxxxxx & Associates or a similarly qualified appraiser designated by Agent on behalf of the Lender Group as a whole and shall not be conducted by any one or more of the Lenders), so long as no Event of Default has occurred and is continuing, the Lender Group will not perform an appraisal of the spectrum rights of the Covenant Parties more frequently than once per year and the fees for each such appraisal of the spectrum rights shall not exceed $10,000 plus out-of-pocket expenses; PROVIDED FURTHER that, so long as no Event of Default has occurred and is continuing, Borrower need not pay appraisal fees and expenses in respect of appraisals of any property or assets of the Covenant Parties other than the above-described appraisals of spectrum rights; and (iii) the actual charges paid or incurred by Agent and by such Lender, if Agent or such Lender elects to employ the services of one or more third Persons to perform such audits or appraisals. Anything to the contrary herein (other than with respect to appraisals of the spectrum rights) notwithstanding, Borrower acknowledges and agrees that Agent and any such Lender may, at Borrower's expense, utilize the services of one or more industry appraisers or experts to perform designated collateral monitoring and financial reporting activities on behalf of Agent and the Lender Group; and