Common use of Inspection and Audit Inspections Clause in Contracts

Inspection and Audit Inspections. (a) Upon reasonable notice to the Borrower or the Servicer, as applicable, the Borrower or the Servicer, as applicable, shall permit the representatives of the Trustee, the Deal Agent, the Backup Servicer, any Lender, and their duly authorized representatives, attorneys and accountants, during normal business hours, to audit and examine all of the information systems, books, records, reports and other papers of the Borrower or the Servicer, as applicable, with respect to the Asset Pool and, upon request therefor, the items of collateral securing any other Asset Pool, to make copies and extracts therefrom, and to discuss matters relating thereto with Responsible Officers thereof having knowledge of such matters, for the purpose of reviewing or evaluating the Borrower’s performance of its duties and obligations hereunder and under the other Transaction Documents. Subject to the provisions of Section 2.16(b), the number of audits and examinations conducted pursuant to the provisions of this Section 2.16(a) shall be no more than twice in any twelve-month period. Subject to the provisions of Section 2.16(b), all reasonable out-of-pocket expenses with respect thereto shall be borne by the initial Servicer. Any such audit or examination shall be reasonable in scope and shall be completed in a reasonable period of time.

Appears in 2 contracts

Samples: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)

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Inspection and Audit Inspections. (a) Upon reasonable notice to the Borrower or Servicer specifying the Servicer, as applicableparticulars of each request and subject to appropriate and reasonable confidentiality covenants, the Borrower or the Servicer, as applicable, Servicer shall permit the representatives of the Trustee, Administrative Agent and the Deal Agent, the Backup Servicer, any Lender, Initial Noteholders and their duly authorized representatives, attorneys and accountants, during normal business hours, to audit and examine all of the operations, information systems, books, records, reports and other papers of the Borrower or the Servicer, as applicable, Servicer with respect to the Asset Pool and, upon request thereforServiced Assets (including all invoices and receipts for Direct Operating Expenses reimbursed to the Servicer), the items of collateral securing any other Asset PoolTrust and/or the Issuer, to make copies and extracts therefrom, and to discuss matters relating thereto the affairs, finances and accounts with Responsible Officers thereof having knowledge the officers, employees and Independent Accountants of such matters, the Servicer for the purpose of reviewing or evaluating the BorrowerServicer’s performance of its duties and obligations hereunder and under the other Transaction Relevant Documents. Subject to the provisions of Section 2.16(b), the The number of audits and examinations conducted pursuant to the provisions of this Section 2.16(a6.06(a) shall be no more than twice in any twelve-month period. Subject shall, subject to the provisions of Section 2.16(b6.06(b), all be reasonable and customary. All reasonable out-of-pocket expenses with respect thereto incidental to the first annual exercise by each such person or its duly authorized representatives, attorneys and accountants of the inspection right hereunder shall be borne by the initial Servicer. Any , without right of reimbursement from any such audit or examination person for such expenses, and such expenses relating to any subsequent inspection in any calendar year on behalf of the same person shall be reasonable borne by such person; provided, however, to the extent that such Person serves in scope and multiple capacities, such Person shall be completed in a reasonable period reimbursed for the exercise of timesuch right only once.

Appears in 1 contract

Samples: Servicing Agreement (Seacastle Inc.)

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Inspection and Audit Inspections. (a) Upon reasonable notice to the Borrower or Servicer specifying the Servicer, as applicableparticulars of each request and subject to appropriate and reasonable confidentiality covenants, the Borrower or the Servicer, as applicable, Servicer shall permit the representatives of the Trustee, Administrative Agent and the Deal Agent, the Backup Servicer, any Lender, Initial Noteholders and their duly authorized representatives, attorneys and accountants, during normal business hours, to audit and examine all of the operations, information systems, books, records, reports and other papers of the Borrower or the Servicer, as applicable, Servicer with respect to the Asset Pool and, upon request thereforServiced Assets (including all invoices and receipts for Direct Operating Expenses reimbursed to the Servicer), the items of collateral securing any other Asset PoolTrust and/or the Issuer, to make copies and extracts therefrom, and to discuss matters relating thereto the affairs, finances and accounts with Responsible Officers thereof having knowledge the officers, employees and Independent Accountants of such matters, the Servicer for the purpose of reviewing or evaluating the BorrowerServicer’s performance of its duties and obligations hereunder and under the other Transaction Relevant Documents. Subject to the provisions of Section 2.16(b), the The number of audits and examinations conducted pursuant to the provisions of this Section 2.16(a6.06(a) shall be no more than twice in any twelve-month period. Subject shall, subject to the provisions of Section 2.16(b6.06(b), all be reasonable and customary. All reasonable out-of-pocket expenses with respect thereto incidental to the first annual exercise by each such person or its duly authorized representatives, attorneys and accountants of the inspection right hereunder shall be borne by the initial Servicer. Any , without right of reimbursement from any such audit or examination person for such expenses, and such expenses relating to any subsequent inspection in any calendar year on behalf of the same person shall be reasonable in scope and shall be completed in a reasonable period of timeborne by such person.

Appears in 1 contract

Samples: Servicing Agreement (Seacastle Inc.)

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