Inspection; Keeping of Books and Records. The Company will, and will cause each Restricted Subsidiary to, permit the holders of Notes, by their respective representatives and agents (at reasonable times and upon reasonable advance written notice, so long as no Default or Event of Default has occurred and is continuing) to inspect (including without limitation to conduct an annual field examination of) any of its Property, including, without limitation, an audit by professionals (including consultants and accountants) retained by the Required Holders of the Company’s practices in the computation of the Borrowing Base, inspection and audit of the Collateral, books and financial records of the Company and each other Credit Party, to examine and make copies of the books of account and other financial records of the Company and each other Credit Party, and to discuss the affairs, finances and accounts of the Company and each other Credit Party with, and to be advised as to the same by, their respective officers and their independent public accountants. The Company shall keep and maintain, and cause each of its Restricted Subsidiaries to keep and maintain, in all material respects, proper books of record and account in which entries in conformity with Agreement Accounting Principles shall be made of all dealings and transactions in relation to their respective businesses and activities. If an Event of Default has occurred and is continuing, the Company, upon the Required Holders’ request, shall turn over copies of any such records to the Required Holders or their representatives. Without limiting the Company’s obligations under Section 15, the Company shall pay the fees and expenses of the holders of the Notes and such professionals with respect to such examinations, audits and evaluations; provided, that the Required Holders shall undertake only one (1) field examination/audit during any period of twelve (12) consecutive months at the Company’s expense. Notwithstanding the foregoing, in addition to the field examinations and audits described above, the Required Holders may have additional field examinations and audits done if an Event of Default shall have occurred and be continuing, at the Company’s expense.
Appears in 2 contracts
Samples: Senior Secured Note Purchase Agreement (Encore Capital Group Inc), Senior Secured Note Purchase Agreement (Encore Capital Group Inc)
Inspection; Keeping of Books and Records. The Company Borrower will, and will cause each Restricted Subsidiary to, permit the holders of NotesAgents and the Lenders, by their respective representatives and agents (at reasonable times and upon reasonable advance written notice, so long as no Default or Event of Default has occurred and is continuing) to inspect (including without limitation to conduct an annual field examination of) any of its Property, including, without limitation, an audit by the Administrative Agent or professionals (including consultants and accountants) retained by the Required Holders Administrative Agent of the CompanyBorrower’s practices in the computation of the Borrowing Base, inspection and audit of the Collateral, books and financial records of the Company Borrower and each other Credit Loan Party, to examine and make copies of the books of account accounts and other financial records of the Company Borrower and each other Credit Loan Party, and to discuss the affairs, finances and accounts of the Company Borrower and each other Credit Loan Party with, and to be advised as to the same by, their respective officers and their independent public accountantsofficers. The Company Borrower shall keep and maintain, and cause each of its Restricted Subsidiaries to keep and maintain, in all material respects, proper books of record and account in which entries in conformity with Agreement Accounting Principles shall be made of all dealings and transactions in relation to their respective businesses and activities. If an Event of a Default has occurred and is continuing, the CompanyBorrower, upon the Required Holders’ either Agent’s request, shall turn over copies of any such records to the Required Holders such Agent or their its representatives. Without limiting the Company’s obligations under Section 15, the Company The Borrower shall pay the fees and expenses of the holders of the Notes Administrative Agent and such professionals with respect to such examinations, audits and evaluations; provided, that that, the Required Holders Administrative Agent shall undertake only one (1) field examination/audit during any period of twelve (12) consecutive months at the CompanyBorrower’s expense. Notwithstanding the foregoing, in addition to the field examinations and audits described above, the Required Holders Administrative Agent may have additional field examinations and audits done if an Event of Default shall have occurred and be continuing, at the CompanyBorrower’s expense.
Appears in 2 contracts
Samples: Credit Agreement (Encore Capital Group Inc), Credit Agreement (Encore Capital Group Inc)
Inspection; Keeping of Books and Records. The Company Borrower will, and will cause each Restricted Subsidiary to, permit the holders of NotesAgents and the Lenders, by their respective representatives and agents (at reasonable times and upon reasonable advance written notice, so long as no Default or Event of Default has occurred and is continuing) to inspect (including without limitation to conduct an annual field examination of) any of its Property, including, without limitation, an audit by the Administrative Agent or professionals (including consultants and accountants) retained by the Required Holders Administrative Agent of the CompanyBorrower’s practices in the computation of the Borrowing Base, inspection and audit of the Collateral, books and financial records of the Company Borrower and each other Credit Loan Party, to examine and make copies of the books of account accounts and other financial records of the Company Borrower and each other Credit Loan Party, and to discuss the affairs, finances and accounts of the Company Borrower and each other Credit Loan Party with, and to be advised as to the same by, their respective officers and their independent public accountantsofficers. The Company Borrower shall keep and maintain, and cause each of its Restricted Subsidiaries to keep and maintain, in all material respects, proper books of record and account in which entries in conformity with Agreement Accounting Principles shall be made of all dealings and transactions in relation to their respective businesses and activities. If an Event of a Default has occurred and is continuing, the CompanyBorrower, upon the Required Holders’ either Agent's request, shall turn over copies of any such records to the Required Holders such Agent or their its representatives. Without limiting the Company’s obligations under Section 15, the Company The Borrower shall pay the fees and expenses of the holders of the Notes Administrative Agent and such professionals with respect to such examinations, audits and evaluations; provided, that that, the Required Holders Administrative Agent shall undertake only one (1) field examination/audit during any period of twelve (12) consecutive months at the CompanyBorrower’s expense. Notwithstanding the foregoing, in addition to the field examinations and audits described above, the Required Holders Administrative Agent may have additional field examinations and audits done if an Event of Default shall have occurred and be continuing, at the CompanyBorrower’s expense.
Appears in 2 contracts
Samples: Credit Agreement (Encore Capital Group Inc), Credit Agreement (Encore Capital Group Inc)
Inspection; Keeping of Books and Records. The Company will, and Obligors will cause each Restricted Subsidiary to, permit the holders of Notes, by their respective representatives and agents (at reasonable times and upon reasonable advance written notice, so long as no Default or Event of Default has occurred and is continuing) to inspect (including without limitation to conduct an annual field examination of) any of its PropertyProperty located in the United States and the United Kingdom, including, without limitation, including an audit by professionals (including consultants and accountants) retained by the Required Holders of the Company’s practices in the computation of the Borrowing BaseERC, inspection and audit of the CollateralTransaction Security, books and financial records of the Company and each other Credit PartyObligor, to examine and make copies of the books of account and other financial records of the Company and each other Credit PartyObligor, and to discuss the affairs, finances and accounts of the Company and each other Credit Party Obligor with, and to be advised as to the same by, their respective officers and their independent public accountants. The Company shall keep and maintain, and cause each of its Restricted Subsidiaries to keep and maintain, in all material respects, proper books of record and account in which entries in conformity with Agreement Accounting Principles GAAP (or in accordance with the accounting principles prevailing in the jurisdiction of any Obligor other than the Company) shall be made of all dealings and transactions in relation to their respective businesses and activities. If an Event of Default has occurred and is continuing, the Company, upon the Required Holders’ request, shall turn over copies of any such records to the Required Holders or their representatives. Without limiting the Company’s obligations under Section 15, the Company shall pay the fees and expenses of the holders of the Notes and such professionals with respect to such examinations, audits and evaluations; provided, that the Required Holders shall undertake only one (1) field examination/audit during any period of twelve (12) consecutive months at the Company’s expense. Notwithstanding the foregoing, in addition to the field examinations and audits described above, the Required Holders may have additional field examinations and audits done if an Event of Default shall have occurred and be continuing, at the Company’s expense.
Appears in 1 contract
Samples: Senior Secured Note Purchase Agreement (Encore Capital Group Inc)
Inspection; Keeping of Books and Records. The Company will, and will cause each Restricted Subsidiary to, permit the holders of Notes, by their respective representatives and agents (at reasonable times and upon reasonable advance written notice, so long as no Default or Event of Default has occurred and is continuing) to inspect (including without limitation to conduct an annual field examination of) any of its Property, including, without limitation, an audit by professionals (including consultants and accountants) retained by the Required Holders of the Company’s practices in the computation of the Borrowing Base, inspection and audit of the Collateral, books and financial records of the Company and each other Credit Party, to examine and make copies of the books of account and other financial records of the Company and each other Credit Party, and to discuss the affairs, finances and accounts of the Company and each other Credit Party with, and to be advised as to the same by, their respective officers and their independent public accountants. The Company shall keep and maintain, and cause each of its Restricted Subsidiaries to keep and maintain, in all material respects, proper books of record and account in which entries in conformity with Agreement Accounting Principles shall be made of all dealings and transactions in relation to their respective businesses and activities. If an Event of Default has occurred and is continuing, the Company, upon the Required Holders’ request, shall turn over copies of any such records to the Required Holders or their representatives. Without limiting the Company’s obligations under Section 15, the Company shall pay the fees and expenses of the holders of the Notes and such professionals with respect to such examinations, audits and evaluations; provided, that the Required Holders shall undertake only one (1) field examination/audit during any period of twelve (12) consecutive months at the Company’s expense. Notwithstanding the foregoing, in addition to the field examinations and audits described above, the Required Holders may have additional field examinations and audits done if an Event of Default shall have occurred and be continuing, at the Company’s expense.”
Appears in 1 contract
Samples: Secured Note Purchase Agreement (Encore Capital Group Inc)
Inspection; Keeping of Books and Records. The Company Borrower will, and will cause each Restricted Subsidiary to, permit the holders of NotesAgents and the Lenders, by their respective representatives and agents (at reasonable times and upon reasonable advance written notice, so long as no Default or Event of Default has occurred and is continuing) to inspect (including without limitation to conduct an annual field examination of) any of its Property, including, without limitation, an audit by the Administrative Agent or professionals (including consultants and accountants) retained by the Required Holders Administrative Agent of the CompanyBorrower’s practices in the computation of the Borrowing Base, inspection and audit of the Collateral, books and financial records of the Company Borrower and each other Credit Loan Party, to examine and make copies of the books of account accounts and other financial records of the Company Borrower and each other Credit Loan Party, and to discuss the affairs, finances and accounts of the Company Borrower and each other Credit Loan Party with, and to be advised as to the same by, their respective officers and their independent public accountantsofficers. The Company Borrower shall keep and maintain, and cause each of its Restricted Subsidiaries to keep and maintain, in all material respects, proper books of record and account in which entries in conformity with Agreement Accounting Principles shall be made of all dealings and transactions in relation to their respective businesses and activities. If an Event of a Default has occurred and is continuing, the CompanyBorrower, upon the Required Holders’ either Agent’s request, shall turn over copies of any such records to the Required Holders such Agent or their its representatives. Without limiting the Company’s obligations under Section 15, the Company The Borrower shall pay the fees and expenses of the holders of the Notes Administrative Agent and such professionals with respect to such examinations, audits and evaluations; provided, that that, the Required Holders Administrative Agent shall undertake only one (1) field examination/audit during any period of twelve (12) consecutive months at the CompanyBorrower’s expense. Notwithstanding the foregoing, in addition to the field examinations and audits described above, the Required Holders Administrative Agent may have additional field examinations and audits done if an Event of Default shall have occurred and be continuing, at the CompanyBorrower’s expense.
Appears in 1 contract
Inspection; Keeping of Books and Records. The Company will, and will cause each Restricted Subsidiary to, permit the holders of Notes, by their respective representatives and agents (at reasonable times and upon reasonable advance written notice, so long as no Default or Event of Default has occurred and is continuing) to inspect (including without limitation to conduct an annual field examination of) any of its Property, including, without limitation, including an audit by professionals (including consultants and accountants) retained by the Required Holders of the Company’s practices in the computation of the Borrowing Base, inspection and audit of the Collateral, books and financial records of the Company and each other Credit Party, to examine and make copies of the books of account and other financial records of the Company and each other Credit Party, and to discuss the affairs, finances and accounts of the Company and each other Credit Party with, and to be advised as to the same by, their respective officers and their independent public accountants. The Company shall keep and maintain, and cause each of its Restricted Subsidiaries to keep and maintain, in all material respects, proper books of record and account in which entries in conformity with Agreement Accounting Principles shall be made of all dealings and transactions in relation to their respective businesses and activities. If an Event of Default has occurred and is continuing, the Company, upon the Required Holders’ request, shall turn over copies of any such records to the Required Holders or their representatives. Without limiting the Company’s obligations under Section 15, the Company shall pay the fees and expenses of the holders of the Notes and such professionals with respect to such examinations, audits and evaluations; provided, that the Required Holders shall undertake only one (1) field examination/audit during any period of twelve (12) consecutive months at the Company’s expense. Notwithstanding the foregoing, in addition to the field examinations and audits described above, the Required Holders may have additional field examinations and audits done if an Event of Default shall have occurred and be continuing, at the Company’s expense.
Appears in 1 contract