Inspection by the Bank. The Company shall permit the Bank or its designees, at any reasonable time, and upon reasonable notice (or if a Default or Event of Default shall have occurred and is continuing, at any time and without prior notice), to (i) visit and inspect the properties of the Company and its Subsidiaries, (ii) examine and make copies of and take abstracts from the books and records of the Company and its Subsidiaries, (iii) discuss the affairs, finances and accounts of the Company and its Subsidiaries with their appropriate officers, employees and accountants, and (iv) to arrange for verification of Accounts Receivable, under reasonable procedures, directly with account debtors or by other methods; and shall do, make, execute and deliver all such additional and further acts, things, deeds, assurances, and instruments as the Bank may reasonably require more completely to vest in and assure to the Bank its rights hereunder or in any Collateral and to carry into effect the provisions and intent of this Agreement. In handling such information the Bank shall exercise the same degree of care that it exercises with respect to its own proprietary information of the same types to maintain the confidentiality of any non-public information thereby received or received pursuant to Section 5 except that disclosure of such information may be made (i) to the subsidiaries or affiliates of the Bank in connection with their present or prospective business relations with the Company and its Subsidiaries, (ii) to prospective transferees or purchasers of an interest in the Revolving Loans if they agree to be bound by the confidentiality obligations of this Section 5.5, (iii) as required by law, regulation, rule or order, subpoena, judicial order or similar order and (iv) as may be required in connection with the examination, audit or similar investigation of the Bank.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Sepracor Inc /De/), Revolving Credit and Security Agreement (Biosepra Inc)
Inspection by the Bank. The Company Credit Parties shall permit the Bank or its designees, at any reasonable time, and upon reasonable notice (or if a Default or Event of Default shall have occurred and is continuing, at any time and without prior notice), (a) to (i) visit and inspect the properties of any of the Company and its Credit Parties or any of their Subsidiaries, (iib) to examine and make copies of and take abstracts from the books and records of the Company Credit Parties and its their Subsidiaries, (iiic) to discuss the affairs, finances and accounts of the Company Credit Parties and its their Subsidiaries with their appropriate officers, employees and accountants, and (ivd) to arrange for verification of Accounts Receivable, under reasonable procedures, directly with account debtors or by other methods; and shall do, make, execute and deliver all such additional and further acts, things, deeds, assurances, and instruments as the Bank may reasonably require more completely to vest in and assure to the Bank its rights hereunder or in any Collateral and to carry into effect the provisions and intent of this Agreement. In handling such information the Bank shall exercise the same degree of care that it exercises with respect to its own proprietary information of the same types to maintain the confidentiality of any non-public information thereby received or received pursuant to Section 5 subsections 5.1(a), (b), or (c) except that disclosure of such information may be made (i) to the subsidiaries or affiliates Affiliates of the Bank in connection with their present or prospective business relations with the Company and its SubsidiariesCredit Parties, (ii) to prospective transferees or purchasers of an interest in the Revolving Loans if they agree to be bound by the confidentiality obligations of this Section 5.5Loans, (iii) as required by law, regulation, rule or order, subpoena, judicial order or similar order and (iv) as may be required in connection with the examination, audit or similar investigation of the Bank.
Appears in 1 contract
Samples: Credit and Security Agreement (Dewolfe Companies Inc)
Inspection by the Bank. The Company shall permit the Bank or its designees, at any reasonable time, and upon reasonable notice (or if a Default or Event of Default shall have occurred and is continuing, at any time and without prior notice), to (i) visit and inspect the properties of the Company and its Subsidiaries, (ii) examine and make copies of and take abstracts from the books and records of the Company and its Subsidiaries, (iii) discuss the affairs, finances and accounts of the Company and its Subsidiaries with their appropriate officers, employees and accountants, and (iv) to arrange for verification of Accounts Receivable, under reasonable procedures, directly with account debtors or by other methods; and shall do, make, execute and deliver all such additional and further acts, things, deeds, assurances, and instruments as the Bank may reasonably require more completely to vest in and assure to the Bank its rights hereunder or in any Collateral and to carry into effect the provisions and intent of this Agreement. In handling such information the Bank shall exercise the same degree of care that it exercises with respect to its own proprietary information of the same types to maintain the confidentiality of any non-public information thereby received or received pursuant to Section 5 subsections 5.1(a), (b), (c), (d) or (i) except that disclosure of such information may be made (i) to the subsidiaries or affiliates of the Bank in connection with their present or prospective business relations with the Company and its Subsidiaries, (ii) to prospective transferees or purchasers of an interest in the Revolving Loans if they agree to be bound by the confidentiality obligations of this Section 5.5, (iii) as required by law, regulation, rule or order, subpoena, judicial order or similar order and (iv) as may be required in connection with the examination, audit or similar investigation of the Bank.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Hemasure Inc)