Inspection by the Administrative Agent Clause Samples
Inspection by the Administrative Agent. The Borrower shall, and shall cause each other member of the Borrower Affiliated Group to, permit the Banks, through the Administrative Agent or the Administrative Agent's designee, at any time and from time to time in the Administrative Agent's reasonable discretion during regular business hours upon reasonable advance notice, to (i) visit and inspect the properties of the Borrower and such other members of the Borrower Affiliated Group, and (ii) discuss the affairs, finances and accounts of the Borrower and such other members of the Borrower Affiliated Group with its appropriate officers, employees and accountants, provided that when an Event of Default has occurred and is continuing the Administrative Agent may do any of the foregoing at any time during normal business hours and without reasonable advance notice. In handling such information the Administrative Agent and the Banks shall exercise the same degree of care that each exercises with respect to its own proprietary information of the same types to maintain the confidentiality of any non-public information thereby received, except that disclosure of such information may be made (w) to the subsidiaries or affiliates of the Arranger, the Administrative Agent and each Bank in connection with their present or prospective business relations with the Borrower Affiliated Group, (x) to prospective transferees or purchasers of an interest in the Loans, (y) as required by law, regulation, rule or order, subpoena, judicial order or similar order and (z) as may be required in connection with the examination, audit or similar investigation of the Arranger, the Administrative Agent or any Bank, and provided, however, that in the case of any disclosure made under clauses (w) or (x), the Person to whom such disclosure is made shall agree to be subject to the same degree of care and confidentiality required of the Administrative Agent, the Banks and their representatives hereunder.
Inspection by the Administrative Agent. Cooperate with the Administrative Agent in arranging for inspections by representatives of Lenders of the progress of Construction from time to time at reasonable times and upon reasonable prior notice, including an examination of (i) the Improvements, (ii) all materials to be used in the Construction, (iii) all plans and shop drawings which are or may be kept at the construction site, (iv) any contracts, bills of sale, statements, receipts or vouchers in connection with the Improvements, (v) all work done, labor performed, materials furnished in and about the Improvements, (vi) all books, contracts and records with respect to the Improvements, and (vii) any other documents relating to the Improvements or the Construction; provided, however, that such inspections do not interfere with the construction of the Improvements and comply with all applicable safety requirements of the General Contractor. Borrower shall cooperate with Lenders’ Consultant to enable him to perform his functions hereunder.
Inspection by the Administrative Agent. The Borrower shall, and shall cause each other member of the Borrower Affiliated Group to, permit the Banks, through the Administrative Agent or the Administrative Agent's designee, at any time and from time to time in the Administrative Agent's reasonable discretion during regular business hours upon reasonable advance notice, to (i) visit and inspect the properties (including the Real Properties) of the Borrower and such other members of the Borrower Affiliated Group, and (ii) discuss the affairs, finances and accounts of the Borrower and such other members of the Borrower Affiliated Group with its appropriate officers, employees and accountants. In handling such information the Administrative Agent and the Banks shall exercise the same degree of care that each exercises with respect to its own proprietary information of the same types to maintain the confidentiality of any non-public information thereby received, except that disclosure of such information may be made (w) to the subsidiaries or affiliates of the Arranger, the Administrative Agent and each Bank in connection with their present or prospective business relations with the Borrower Affiliated Group, (x) to prospective transferees or purchasers of an interest in the Loans, (y) as required by law, regulation, rule or order, subpoena, judicial order or similar order and (z) as may be required in connection with the examination, audit or similar investigation of the Arranger, the Administrative Agent or any Bank, and provided, however, that in the case of any disclosure made under clauses (w) or (x), the Person to whom such disclosure is made shall agree to be subject to the same degree of care and confidentiality required of the Administrative Agent, the Banks and their representatives hereunder.
Inspection by the Administrative Agent. The Borrower shall permit the Lenders, through the Administrative Agent or its designees, at any reasonable time and upon reasonable notice, to (i) visit and inspect the properties of the Borrower and its Significant Subsidiaries (ii) examine and make copies of and take abstracts from the books and records of the Borrower and its Significant Subsidiaries, and (iii) discuss the affairs, finances and accounts of the Borrower and its Significant Subsidiaries with their appropriate officers, employees and accountants.
Inspection by the Administrative Agent. The Borrower shall, and shall cause each other member of the Borrower Affiliated Group to, permit the Banks, through the Administrative Agent or the Administrative Agent’s designee, at such reasonable times during normal business hours, upon reasonable advance notice to such Person, to visit and inspect the properties and books and records of the Borrower and such other members of the Borrower Affiliated Group, provided that (i) when an Event of Default has occurred and is continuing the Administrative Agent or any Bank (through the Administrative Agent’s designee or such Bank’s other designee) may do any of the foregoing at any time during normal business hours and with reasonable advance notice, (ii) except during the existence of an Event of Default, any such inspections shall be made no more frequently than once per year, and (iii) unless the Administrative Agent believes that a Default or Event of Default is reasonably likely to occur based upon information obtained by or provided to the Administrative Agent, if no Default or Event of Default exists at the time of any such inspection, any such inspection shall be at the expense of the Banks.
Inspection by the Administrative Agent. The Borrower shall, and -------------------------------------- shall cause each other member of the Borrower Affiliated Group to, permit the Banks, solely through the Administrative Agent or the Administrative Agent's designee, at such reasonable times during normal business hours and as often as may be reasonably desired, upon reasonable advance notice to such Person, to (i) visit and inspect the properties (including the Real Properties) of the Borrower and such other members of the Borrower Affiliated Group and conduct field examinations (provided that unless a Default or Event of Default has occurred -------- and is continuing, the Administrative Agent and the Banks will not conduct more than one field examination in any fiscal year of the Borrower), (ii) examine and make copies of and take abstracts from the books and records of the Borrower and such other members of the Borrower Affiliated Group, and (iii) discuss the affairs, finances and accounts of the Borrower and such other members of the Borrower Affiliated Group with its appropriate officers, employees and accountants; provided, that with respect to employees and accountants, so long -------- as no Default or Event of Default has occurred and is continuing, the Borrower shall be given prior notice and the opportunity to participate in such discussions; and provided further, however, when an Event of Default has -------- ------- ------- occurred and is continuing the Administrative Agent or any Bank may do any of the foregoing at the expense of the Borrower Affiliated Group at any time during normal business hours and without advance notice.
Inspection by the Administrative Agent. Each of JCC Holding and the Borrower shall cooperate (and shall use its best efforts to cause the General Contractors to cooperate) with the Administrative Agent in arranging for inspections from time to time by the Administrative Agent or any representative of the Administrative Agent of the progress of construction. In the course of such inspections, each of the Administrative Agent and any representatives of the Administrative Agent shall be entitled to inspect the Casino, including, without limitation, (i) the Improvements, (ii) all materials to be used in the construction of the Improvements, (iii) all plans and shop drawings which are or may be kept at the construction site, (iv) any contracts, bills of sale, statements, receipts or vouchers in connection with the Improvements whether or not kept at the construction site, (v) all work done, labor performed, materials furnished in and about the Casino, (vi) all books, contracts and records of the Borrower and the Borrower's agents and other entities as may be contractually bound to the Borrower to provide such records with respect to the construction of the Improvements whether or not kept at the construction site, and (vii) any other documents relating to the construction of the Improvements whether or not kept at the construction site. In addition to the foregoing, the Borrower shall use reasonable efforts to insure that representatives of the Administrative Agent shall be entitled to inspect (i) all books, contracts and records of the General Contractors and the Borrower with respect to the Project (whether or not related to the construction thereof) and (ii) any other document of the General Contractors and the Borrower relating to the Improvements whether or not related to the construction thereof and whether or not kept at the construction site. The Borrower will cooperate and instruct the General Contractors and all material subcontractors, in accordance with the applicable Construction Contracts, to cooperate with the Administrative Agent and any representatives of the Administrative Agent so that they may perform their respective responsibilities hereunder and to comply with the Administrative Agent's requirements.
Inspection by the Administrative Agent. Cooperate with the Administrative Agent in arranging for inspections by representatives of Lenders of the progress of Construction from time to time at reasonable times and upon reasonable prior notice, including an examination of (i) the Improvements and any Tenant Work, (ii) all materials to be used in the Construction, (iii) all plans and shop drawings which are or may be kept at the construction site, (iv) any contracts, bills of sale, statements, receipts or vouchers in connection with the Improvements and Tenant Work, (v) all work done, labor performed, materials furnished in and about the Improvements and Tenant Work, (vi) all books, contracts and records with respect to the Improvements and Tenant Work, and (vii) any other documents relating to the Construction; provided, however, that such inspections do not interfere with the construction of the Improvements or the Tenant Work and comply with all applicable safety requirements of the General Contractor. Borrower shall cooperate with Lenders’ Consultant to enable him to perform his functions hereunder.
Inspection by the Administrative Agent. Without limiting any provision of the Operative Documents including the inspection rights under the Lease, the Guarantor shall, and shall cause each other member of the Guarantor Affiliated Group to, permit the Participants, through the Administrative Agent or the Administrative Agent’s designee, at such reasonable times during normal business hours, upon reasonable advance notice to such Person, to visit and inspect the properties and books and records of the Guarantor and such other members of the Guarantor Affiliated Group, provided that (i) when a Lease Event of Default has occurred and is continuing the Administrative Agent or any Participant (through the Administrative Agent’s designee or such Participant’s other designee) may do any of the foregoing at any time during normal business hours and with reasonable advance notice, (ii) except during the existence of a Lease Event of Default, any such inspections shall be made no more frequently than once per year, and (iii) unless the Administrative Agent believes that a Lease Default or Lease Event of Default is reasonably likely to occur based upon information obtained by or provided to the Administrative Agent, if no Lease Default or Lease Event of Default exists at the time of any such inspection, any such inspection shall be at the expense of the Participants.