Inspection of Properties and Books. (i) shall permit, and shall cause each of its Subsidiaries to permit, the Administrative Agent, the Lenders and their other designated representatives to visit and inspect any of the Properties of the Borrower or such Subsidiary, to examine the books of account of the Borrower or such Subsidiary (and to make copies thereof and extracts therefrom), and to discuss the affairs, finances and accounts of the Borrower or such Subsidiary with, and to be advised as to the same by, its officers, all at such reasonable times and intervals as the Administrative Agent or any Lender may reasonably request; provided that the Administrative Agent and -------- each Lender shall use reasonable commercial efforts not to interfere with the business of the Borrower or any of its Subsidiaries; (ii) authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of the Borrower and its Subsidiaries; (iii) shall, at the reasonable request of the Administrative Agent, the Borrower shall deliver a letter addressed to such accountants instructing them to comply with the provisions of this clause (g)(iii); provided that the Administrative Agent and the Lenders -------- shall use commercially reasonable efforts to coordinate the communications and disclosures to and from the accountants and Administrative Agent and the Lenders;
Appears in 3 contracts
Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)
Inspection of Properties and Books. (ia) The Borrower ---------------------------------- shall permit, and shall cause each of its Subsidiaries to permit, the Administrative Agent, the Lenders and their other designated representatives to visit and inspect any of the Properties of the Borrower or such Subsidiary, to examine the books of account of the Borrower or such Subsidiary (and to make copies thereof and extracts therefrom), and to discuss the affairs, finances and accounts of the Borrower or such Subsidiary with, and to be advised as to the same by, its officers, all at such reasonable times and intervals as the Administrative Agent or any Lender may reasonably request; provided that the -------- Administrative Agent and -------- each Lender shall use reasonable commercial efforts not to interfere with the business of the Borrower or any of its Subsidiaries;.
(iib) The Borrower authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of the Borrower and its Subsidiaries;
(iii) shall, at . At the reasonable request of the Administrative Agent, the Borrower shall deliver a letter addressed to such accountants instructing them to comply with the provisions of this clause (g)(iiiS)6.07(b); provided that the . The Administrative Agent and the Lenders -------- shall use commercially reasonable efforts to coordinate the communications and disclosures to and from the accountants and Administrative Agent and the Lenders;.
Appears in 2 contracts
Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)
Inspection of Properties and Books. (ia) The Borrower shall permit, and shall cause each of its Subsidiaries to permit, the Administrative Agent, the Lenders and their other designated representatives to visit and inspect any of the Properties of the Borrower or such Subsidiary, to examine the books of account of the Borrower or such Subsidiary (and to make copies thereof and extracts therefrom), and to discuss the affairs, finances and accounts of the Borrower or such Subsidiary with, and to be advised as to the same by, its officers, all at such reasonable times and intervals as the Administrative Agent or any Lender may reasonably request; provided that the Administrative Agent and -------- each Lender shall use reasonable commercial efforts not to interfere with the business of the Borrower or any of its Subsidiaries;.
(iib) The Borrower authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of the Borrower and its Subsidiaries;
(iii) shall, at . At the reasonable request of the Administrative Agent, the Borrower shall deliver a letter addressed to such accountants instructing them to comply with the provisions of this clause (g)(iiiSection 6.07(b); provided that the Administrative Agent and the Lenders -------- shall use commercially reasonable efforts to coordinate the communications and disclosures to and from the accountants and Administrative Agent and the Lenders;.
Appears in 2 contracts
Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)
Inspection of Properties and Books. (i) shall permitThe Borrower and the Guarantors will, and shall will cause each of its their respective Subsidiaries to permitto, permit the Administrative AgentAgent and the Lenders, at the Lenders Borrower’s expense and their other designated representatives upon reasonable prior notice, to visit and inspect any of the Properties properties of the Borrower Borrower, each Guarantor or such Subsidiaryany of their respective Subsidiaries (subject to the rights of tenants), to examine the books of account of the Borrower or such Subsidiary Borrower, each Guarantor and their respective Subsidiaries (and to make copies thereof and extracts therefrom), ) and to discuss the affairs, finances and accounts of the Borrower or such Subsidiary Borrower, any Guarantor and their respective Subsidiaries with, and to be advised as to the same by, its their respective officers, all at such reasonable times and intervals as the Administrative Agent or any Lender may reasonably request; , provided that the Administrative Agent so long as no Default or Event of Default shall have occurred and -------- each Lender shall use reasonable commercial efforts not to interfere with the business of the Borrower or any of its Subsidiaries;
(ii) authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of the Borrower and its Subsidiaries;
(iii) shall, at the reasonable request of the Administrative Agentbe continuing, the Borrower shall deliver a letter addressed not be required to pay for such accountants instructing them to comply with visits and inspections more often than once in any twelve (12) month period. In the provisions of this clause (g)(iii); provided event that the Administrative Agent or a Lender shall visit and the Lenders -------- inspect a property of a Subsidiary of Borrower which is not a Guarantor, such visit and inspection shall be made with a representative of Borrower (and Borrower agrees to use commercially reasonable efforts to make such representative available). The Lenders shall use good faith efforts to coordinate such visits and inspections so as to minimize the communications interference with and disclosures disruption to the normal business operations of the Borrower, the Guarantors, their respective Subsidiaries and from the accountants and Administrative Agent and the Lenders;any tenants.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Gladstone Commercial Corp)
Inspection of Properties and Books. (i) shall permitThe Borrower will, and shall will cause each Guarantor to, permit the Agent or any of its Subsidiaries to permit, the Administrative Agent, the Lenders and their Banks' other designated representatives upon no less than 24 hours notice (which notice may be given orally or in writing), to visit and inspect any of the Properties properties of the Borrower Borrower, any Guarantor or such Subsidiary, any of their respective Subsidiaries to examine the books of account of the Borrower or Borrower, such Subsidiary Guarantor and their respective Subsidiaries (and to make copies thereof and extracts therefrom), ) and to discuss the affairs, finances and accounts of the Borrower or Borrower, such Subsidiary Guarantor and their respective Subsidiaries with, and to be advised as to the same by, its officers, all at such reasonable times and intervals as the Administrative Agent or any Lender may reasonably request; provided that the Administrative Agent that, so long as no Event of Default has occurred and -------- each Lender shall use reasonable commercial efforts not to interfere with the business of the Borrower or any of its Subsidiaries;
(ii) authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of the Borrower and its Subsidiaries;
(iii) shall, at the reasonable request of the Administrative Agentis continuing, the Borrower shall deliver a letter addressed only be responsible for the costs and expenses incurred by the Agent in connection with such inspections. The Agent and each Bank agrees to keep any non-public information delivered or made available by the Borrower to it confidential from anyone other than persons employed or retained by the Agent or such accountants instructing them Bank who are or are expected to comply with become engaged in evaluating, approving, structuring or administering the provisions of this clause (g)(iii)Loans; provided that nothing herein shall prevent the Administrative Agent or any Bank from disclosing such information (i) to any other Bank, (ii) to any other person if reasonably incidental to the administration of the Loans, (iii) upon the order of any court or administrative agency, (iv) upon the request or demand of any regulatory agency or authority, (v) which has been publicly disclosed other than as a result of a disclosure by the Agent or any Bank which is not permitted by this Agreement, (vi) in connection with any litigation to which the Agent, any Bank, or their respective Affiliates may be a party, (vii) to the extent reasonably required in connection with the exercise of any remedy hereunder, (viii) to the Agent's or such Bank's Affiliates, legal counsel and the Lenders -------- shall use commercially reasonable efforts independent auditors, and (ix) to coordinate the communications and disclosures to and from the accountants and Administrative Agent and the Lenders;any actual or proposed participant or Eligible Assignee of all or part of its rights hereunder.
Appears in 1 contract
Inspection of Properties and Books. (ia) The Borrower shall permitpermit the Collateral Agent and the Lender, and shall cause each through any of its Subsidiaries to permit, the Administrative Collateral Agent, 's or the Lenders and their other Lender's designated representatives (at the Borrower's expense) to visit and inspect any of the Properties properties of the Borrower or such Subsidiary, any of its Subsidiaries to examine the books of account of the Borrower or such Subsidiary and its Subsidiaries (and to make copies thereof and extracts therefrom), ) and to discuss the affairs, finances and accounts of the Borrower or such Subsidiary and its Subsidiaries with, and to be advised as to the same by, its officers, all at such reasonable times and intervals as the Administrative Collateral Agent or any the Lender may reasonably request; provided that .
(b) Without limiting the Administrative Agent and -------- each Lender shall use reasonable commercial efforts not to interfere with the business rights of the Borrower or any of its Subsidiaries;
(ii) authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Collateral Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the businessLender under Section 6.9(a), financial condition and other affairs of the Borrower and its Subsidiaries;
(iii) shall, at the reasonable request of the Administrative Agentabove, the Borrower shall deliver permit the Collateral Agent or the Lender, at the Borrower's expense, (i) to undertake periodic commercial finance examinations; and (ii) to obtain appraisals of the Borrower's assets in which the Lender has been granted a letter addressed security interest, in form and substance and by appraisers reasonably satisfactory to such accountants instructing them to comply with the provisions of this clause (g)(iii); provided that the Administrative Collateral Agent and the Lenders -------- shall use commercially reasonable efforts to coordinate Lender, all of the communications foregoing at such times and disclosures to and from intervals as the accountants and Administrative Collateral Agent and or the Lenders;Lender may reasonably request.
Appears in 1 contract
Samples: Line of Credit Agreement (Toymax International Inc)
Inspection of Properties and Books. (ia) shall permitBorrowers, Borrowers’ respective Subsidiaries and shall cause each Guarantors will permit Administrative Agent and the Lenders, at Borrowers’ expense, upon reasonable prior notice and, if no Event of its Subsidiaries to permitDefault exists, the Administrative Agentduring business hours, the Lenders and their other designated representatives to visit and inspect inspect, subject to HIPAA and all other applicable privacy laws, any of the Properties properties of the each Borrower or such Subsidiary(including with respect to any IGT Facility), to examine the books of account of the Borrower or such Subsidiary any Borrower, any Guarantor and Borrower’s respective Subsidiaries (including with respect to any IGT Facility) (and to make copies thereof and extracts therefrom), ) and to discuss the affairs, finances and accounts of the Borrower or such Subsidiary any Borrower, any Guarantor and Borrower’s respective Subsidiaries (including with respect to any IGT Facility) with, and to be advised as to the same by, its their respective officers, partners or members, all at such reasonable times and intervals as the Administrative Agent or any Lender may reasonably request; provided, however, that such visits and inspections shall be limited to one (1) time per year unless an Event of Default exists. The Lenders shall use good faith efforts to coordinate such visits and inspections so as to minimize the interference with and disruption to the normal business operations of such Persons.
(b) Each Loan Party will permit Revolving Agent and each of its duly authorized representatives or agents to conduct field examinations, appraisals and valuations (including audits of the Accounts) at such reasonable times (during regular business hours) and intervals as Revolving Agent may designate, provided that the Administrative obligation of Borrowers to reimburse Revolving Agent and -------- each Lender shall use reasonable commercial efforts not to interfere with for the business of the Borrower or any of its Subsidiaries;
(ii) authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies costs of any management letter with respect such field examinations, appraisals and valuations shall be subject to the business, financial condition and other affairs of the Borrower and its Subsidiaries;
(iii) shall, at the reasonable request of the Administrative Agent, the Borrower shall deliver a letter addressed to such accountants instructing them to comply with the provisions of this clause (g)(iiiSection 4.2(b); provided that the Administrative Agent and the Lenders -------- shall use commercially reasonable efforts to coordinate the communications and disclosures to and from the accountants and Administrative Agent and the Lenders;.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Griffin-American Healthcare REIT III, Inc.)
Inspection of Properties and Books. Permit the Agent or any Lender, or any of their designated representatives or agents, at any reasonable time during business hours and at reasonable intervals of time, and upon reasonable prior written notice (or, if a Default, a Servicer Default, Early Amortization Event (other than as a result of clauses (h) and (i) thereof) or an Event of Default shall permithave occurred and then be continuing, at any time and shall cause each of its Subsidiaries without prior notice), to permit(a) visit, inspect and appraise the Administrative Agent, the Lenders Containers (subject to any lessee's right to quiet enjoyment therein) and their other designated representatives to visit and inspect any of the Properties properties of the Borrower or such Subsidiary, to and the Parent Guarantor; (b) examine and make copies of and take abstracts from the books of account and records of the Borrower or such Subsidiary and the Parent Guarantor, including Container purchase orders and purchase agreements; and (and to make copies thereof and extracts therefrom), and to c) discuss the affairs, finances and accounts of the Borrower or such Subsidiary with, and to be advised as to the same by, its Parent Guarantor with their appropriate officers, employees and accountants. The Borrower shall pay for the reasonable out-of-pocket cost and expense (including, inter alia, travel) of the Agent and, in the case of clause (ii) below, each Lender in conducting (i) one (1) such inspection per calendar year, so long as no Default, Servicer Default, Early Amortization Event or Event of Default has occurred or is then continuing and (ii) all at such reasonable times inspections, if a Default, a Servicer Default, Early Amortization Event or an Event of Default has occurred and intervals as the Administrative Agent or any Lender may reasonably requestis then continuing; provided provided, however, that the Administrative Agent and -------- Agent, each Lender and their duly authorized representatives, attorneys and accountants shall use reasonable commercial efforts not to interfere share information with one another and otherwise cooperate with one another to limit the business number of audits per annum and minimize the Borrower expenses incurred by the Servicer in connection with any audits or any of its Subsidiaries;
(ii) authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of the Borrower and its Subsidiaries;
(iii) shall, at the reasonable request of the Administrative Agent, the Borrower shall deliver a letter addressed to such accountants instructing them to comply with the provisions of this clause (g)(iii); provided that the Administrative Agent and the Lenders -------- shall use commercially reasonable efforts to coordinate the communications and disclosures to and from the accountants and Administrative Agent and the Lenders;inspections hereunder.
Appears in 1 contract
Samples: Credit Agreement (Interpool Inc)
Inspection of Properties and Books. (ia) The Borrower shall permit, and shall cause each of its Subsidiaries to permit, the Administrative Agent, the Lenders and their other designated representatives to visit and inspect any of the Properties of the Borrower or such Subsidiary, to examine the books of account of the Borrower or such Subsidiary (and to make copies thereof and extracts therefrom), and to discuss the affairs, finances and accounts of the Borrower or such Subsidiary with, and to be advised as to the same by, its officers, all at such reasonable times and intervals as the Administrative Agent or any Lender may reasonably request; provided that the -------- Administrative Agent and -------- each Lender shall use reasonable commercial efforts not to interfere with the business of the Borrower or any of its Subsidiaries;.
(iib) The Borrower authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of the Borrower and its Subsidiaries;
(iii) shall, at . At the reasonable request of the Administrative Agent, the Borrower shall deliver a letter addressed to such accountants instructing them to comply with the provisions of this clause (g)(iiiS) 6.07(b); provided that the Administrative Agent and the Lenders -------- shall use commercially reasonable efforts to coordinate the communications and disclosures to and from the accountants and Administrative Agent and the Lenders;. -----------
Appears in 1 contract
Inspection of Properties and Books. (ia) The Borrower shall permitpermit the Banks, and shall cause each of its Subsidiaries to permit, through the Administrative Agent, the Lenders and their other Agent or any Bank's designated representatives and agents, to visit and inspect any of the Properties properties of the Borrower or such Subsidiaryany of its Subsidiaries, to examine the books of account of the Borrower or such Subsidiary and its Subsidiaries (and to make copies thereof and extracts therefrom), and to discuss the affairs, finances and accounts of the Borrower or such Subsidiary and its Subsidiaries with, and to be advised as to the same by, its and their officers, all at such reasonable times and intervals as the Administrative Agent or any Lender of the Banks may reasonably request; provided provided, that the Administrative Agent Agent, the Banks and -------- each Lender their respective representatives and agents shall use reasonable commercial efforts agree (i) to treat in confidence information gained from such inspections, examinations and discussions; (ii) not to interfere disclose any such information to a third party (other than a permitted participant or assignee or the legal counsel and accountants of the Agent or any of the Banks), except as required by applicable Federal, State or municipal laws or regulations or by a court, administrative board or tribunal of competent jurisdiction; and (iii) not to make use of such information for purposes unrelated to the transactions contemplated in this Credit Agreement.
(b) Only when necessary to determine the Borrower's compliance with the business terms hereof or upon the receipt by the Agent or any of the Banks of financial or other information from the Borrower or any of its Subsidiaries;
(ii) such accountants, and, in each case, only after reasonable prior notice to the Borrower, the Borrower authorizes the Administrative Agent and each Lender of the Banks to communicate directly with the Borrower's independent certified public 35 -29- accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Agent and and/or any of the Lenders Banks any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of the Borrower and or any of its Subsidiaries;
(iii) shall, at . At the reasonable request of the Administrative AgentAgent or any of the Banks, the Borrower shall deliver a letter addressed to such accountants instructing them to comply with the provisions of this clause (g)(iiiSection 8.10(b); provided that the Administrative Agent and the Lenders -------- shall use commercially reasonable efforts to coordinate the communications and disclosures to and from the accountants and Administrative Agent and the Lenders;.
Appears in 1 contract
Inspection of Properties and Books. (ia) The Borrowers shall permit, and shall cause each permit the Lender or any of its Subsidiaries to permit, the Administrative Agent, the Lenders and their Lenders' other designated representatives (at the Borrowers' expense) to visit and inspect any of the Properties properties of the Borrower Borrowers or such Subsidiary, any of their Subsidiaries to examine the books of account of the Borrower or such Subsidiary Borrowers and their Subsidiaries (and to make copies thereof and extracts therefrom), ) and to discuss the affairs, finances and accounts of the Borrower or such Subsidiary Borrowers and their Subsidiaries with, and to be advised as to the same by, its officers, all at such reasonable times and intervals as the Administrative Agent or any Lender may reasonably request; provided that .
(b) Without limiting the Administrative Agent and -------- each Lender shall use reasonable commercial efforts not to interfere with the business rights of the Borrower or any of its Subsidiaries;
Lender under ss.7.10(a), above, the Borrowers shall permit the Lender, at the Borrower's expense, (i) to undertake commercial finance examinations; (ii) authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants obtain appraisals of any of the Borrower or any of its Subsidiaries Borrowers' assets in form and authorizes such accountants to disclose substance and by appraisers satisfactory to the Administrative Agent Lender; and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of the Borrower and its Subsidiaries;
(iii) shall, at the reasonable request to obtain environmental site assessments of any of the Administrative AgentBorrowers' properties, all of the Borrower foregoing at such times and intervals as the Lender may request.
(c) The Borrowers shall deliver a letter addressed continue to such accountants instructing them to comply cooperate with the provisions Consultant and shall furnish the Consultant with such information as the Consultant may request. All reasonable fees, costs and expenses of this clause (g)(iii); provided that the Administrative Agent Consultant shall be for the Borrowers' account and the Lenders -------- Borrowers shall use commercially reasonable efforts to coordinate reimburse the communications Lender for such fees, costs and disclosures to and from the accountants and Administrative Agent and the Lenders;expenses on demand.
Appears in 1 contract
Samples: Revolving Credit Agreement (Nutramax Products Inc /De/)
Inspection of Properties and Books. Permit the Agent or any Lender, or any of their designated representatives or agents, at any reasonable time during business hours and at reasonable intervals of time, and upon reasonable prior written notice (or, if a Default, a Servicer Default, Early Amortization Event (other than as a result of clauses (h) and (i) thereof) or an Event of Default shall permithave occurred and then be continuing, at any time and shall cause each of its Subsidiaries without prior notice), to permit(a) visit, inspect and appraise the Administrative Agent, the Lenders Containers (subject to any lessee’s right to quiet enjoyment therein) and their other designated representatives to visit and inspect any of the Properties properties of the Borrower or such Subsidiary, to and the Parent Guarantor; (b) examine and make copies of and take abstracts from the books of account and records of the Borrower or such Subsidiary and the Parent Guarantor, including Container purchase orders and purchase agreements; and (and to make copies thereof and extracts therefrom), and to c) discuss the affairs, finances and accounts of the Borrower or such Subsidiary with, and to be advised as to the same by, its Parent Guarantor with their appropriate officers, employees and accountants. The Borrower shall pay for the reasonable out-of-pocket cost and expense (including, inter alia, travel) of the Agent and, in the case of clause (ii) below, each Lender in conducting (i) one (1) such inspection per calendar year, so long as no Default, Servicer Default, Early Amortization Event or Event of Default has occurred or is then continuing and (ii) all at such reasonable times inspections, if a Default, a Servicer Default, Early Amortization Event or an Event of Default has occurred and intervals as the Administrative Agent or any Lender may reasonably requestis then continuing; provided provided, however, that the Administrative Agent and -------- Agent, each Lender and their duly authorized representatives, attorneys and accountants shall use reasonable commercial efforts not to interfere share information with one another and otherwise cooperate with one another to limit the business number of audits per annum and minimize the Borrower expenses incurred by the Servicer in connection with any audits or any of its Subsidiaries;
(ii) authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants of the Borrower or any of its Subsidiaries and authorizes such accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of the Borrower and its Subsidiaries;
(iii) shall, at the reasonable request of the Administrative Agent, the Borrower shall deliver a letter addressed to such accountants instructing them to comply with the provisions of this clause (g)(iii); provided that the Administrative Agent and the Lenders -------- shall use commercially reasonable efforts to coordinate the communications and disclosures to and from the accountants and Administrative Agent and the Lenders;inspections hereunder.
Appears in 1 contract
Samples: Credit Agreement (Interpool Inc)
Inspection of Properties and Books. (ia) shall permit, and shall cause each of its Subsidiaries Upon one (1) day's notice to permitthe Borrower, the Administrative Agent, Borrower and any Subsidiary shall permit the Lenders and their Lender or any of the Lender's other designated representatives to visit during regular business hours and inspect any of the Properties properties of the Borrower or such Subsidiary, any of its Subsidiaries to examine the books of account of the Borrower or such Subsidiary and its Subsidiaries (and to make copies thereof and extracts therefrom), ) and to discuss the affairs, finances and accounts of the Borrower or such Subsidiary and its Subsidiaries with, and to be advised as to the same by, its officers, all at such reasonable times and intervals as the Administrative Agent or any Lender may reasonably request; provided that .
(b) Without limiting the Administrative Agent and -------- each Lender shall use reasonable commercial efforts not to interfere with the business rights of the Lender under ss.6.9(a), above, prior to the occurrence of an Event of Default, the Borrower or shall permit the Lender, at the Borrower's expense, (i) to undertake one (1) commercial finance examination every ninety (90) days (for which the charge to be paid by the Borrower shall be $550.00 per day, but shall not exceed $15,000.00 in any of its Subsidiaries;
calendar year, plus expenses); (ii) authorizes the Administrative Agent and each Lender to communicate directly with the independent certified public accountants obtain appraisals of any of the Borrower Borrower's or any of its Subsidiaries Subsidary's assets in form and authorizes such accountants to disclose substance and by appraisers satisfactory to the Administrative Agent and Lender. Upon the Lenders any and all financial statements and other supporting financial documents and schedules including copies occurrence of any management letter with respect to an Event of Default, the business, financial condition and other affairs Lender may conduct such field examinations of the Borrower and any Subsidiary at such times as the Lender in its Subsidiaries;
(iii) shall, discretion deems appropriate and at the reasonable request of the Administrative Agent, the Borrower shall deliver a letter addressed to such accountants instructing them to comply with the provisions of this clause (g)(iii); provided that the Administrative Agent Borrower's sole cost and the Lenders -------- shall use commercially reasonable efforts to coordinate the communications and disclosures to and from the accountants and Administrative Agent and the Lenders;expense.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Microfluidics International Corp)