Common use of Inspection of Property and Books and Records Clause in Contracts

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; (b) permit Agent and any of its Related Persons to inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense provided the Credit Parties shall not be responsible for costs and expenses more than one time per year at a cost of no more than $15,000, unless an Event of Default has occurred and is continuing. Any Lender may accompany Agent in connection with any inspection at such Lender’s expense.

Appears in 4 contracts

Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)

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Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to conduct field examinations, audit, inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the reasonable expenses of one (1) such field examination, audit and expenses inspection per calendar year or more than one time per year at a cost of no more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 3 contracts

Samples: Credit Agreement (Papa Murphy's Holdings, Inc.), Credit Agreement (Papa Murphy's Holdings, Inc.), Credit Agreement (Papa Murphy's Holdings, Inc.)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent reasonably determines to be appropriate; and (b) permit Agent and any of its Related Persons to conduct field examinations, audit, inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided that the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses of one such field examination, audit and expenses more than one time inspection per calendar year at a cost of no more than $15,000, unless an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 3 contracts

Samples: Credit Agreement (Entravision Communications Corp), Credit Agreement (Entravision Communications Corp), Credit Agreement (Entravision Communications Corp)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to conduct field examinations, appraise, inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications conduct appraisals and appraisals of the inventory and other Collateral evaluations in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses of one such appraisal, evaluation and expenses inspection per calendar year or more than one time per year at a cost of no more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 3 contracts

Samples: Credit Agreement (Rimini Street, Inc.), Credit Agreement (Rimini Street, Inc.), Credit Agreement (Rimini Street, Inc.)

Inspection of Property and Books and Records. Each Credit Loan Party shall maintain will maintain, and shall will cause each of its Subsidiaries subsidiaries to maintain maintain, proper books of record and account, in which full, materially true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such PersonLoan Party and such subsidiary. Each Credit Loan Party shallwill permit, and shall will cause each of its Subsidiaries tosubsidiaries to permit, representatives and independent contractors of the Administrative Agent or any Lender to visit and inspect any of their respective properties, to examine their respective corporate, financial and operating records and to discuss their respective affairs, finances and accounts with respect their respective officers and independent public accountants in each case, other than (x) materials and affairs protected by the attorney-client privilege and (y) unless the Administrative Agent or such Lender agrees to each ownedbe bound by such obligations, leasedmaterials which such Loan Party or any of its subsidiaries may not disclose without violation of confidentiality obligations binding upon it, or controlled property, all at the expense of such Loan Party and at reasonable times during normal business hours and as often as may be reasonably requested, upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related PersonsLoan Party; provided, as frequently as Agent determines to be appropriate; (b) permit Agent and any of its Related Persons to inspecthowever, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense provided the Credit Parties shall not be responsible for costs and expenses more than one time per year at a cost of no more than $15,000, unless an Event of Default has occurred and is continuing. Any , (a) the Loan Parties shall only be required to bear the expense of such inspections once per year, (b) the Borrower and the Administrative Agent or such Lender shall each cooperate so that such visit does not materially disrupt the normal operations of such Loan Party, (c) each Lender coordinates any such visit through the Administrative Agent and (d) no copies of any corporate, financial or operating records of any Loan Party may accompany Agent in connection with be made by any inspection at Lender during any such Lender’s expensevisit.

Appears in 2 contracts

Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): notice: (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; (b) permit Agent and any of its Related Persons to inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense provided the Credit Parties shall not be responsible for costs and expenses more than one time per year at a cost of no more than $15,000, unless an Event of Default has occurred and is continuing. Notwithstanding the foregoing, if, at any time an Event of Default shall have occurred and be continuing, access is necessary to preserve or protect the Collateral as determined by Agent in its good faith credit judgment, each such Credit Party shall provide such access to Agent and to each Lender at all times and without advance notice. Any Lender may accompany Agent in connection with any inspection at such Lender’s expense.

Appears in 2 contracts

Samples: Credit Agreement (Banctec Inc), Credit Agreement (Banctec Inc)

Inspection of Property and Books and Records. (a) Each Credit Loan Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of such Person. Each Credit . (b) To the extent permitted by law, each Loan Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereofrequired): (ai) provide access to such property to the Administrative Agent and any of its Related PersonsParties, as frequently as the Administrative Agent reasonably determines to be appropriate; and (bii) permit the Administrative Agent and any of its Related Persons Parties to inspectconduct field examinations, audit audit, inspect and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Loan Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other any Collateral in any manner and through any medium that the Administrative Agent reasonably considers advisable, in each instance, at the Credit Loan Parties’ expense expense; provided the Credit Loan Parties shall not only be responsible obligated to reimburse the Administrative Agent for costs the expenses for any such field examinations, audits and expenses more than inspections (x) one time per year at (or, if a cost of no more than $15,000Trigger Event occurs during such year, unless two times per year), or (y) if an Event of Default has occurred and is continuing, as frequently as such field examinations, audits and inspections are conducted. Any Lender may accompany the Administrative Agent or its Related Parties in connection with any inspection at such Lender’s expense.

Appears in 2 contracts

Samples: Credit Agreement (Unisys Corp), Credit Agreement (Unisys Corp)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to conduct field examinations, audit, inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided (1) if no Default or Event of Default exists, such audits and inspections shall be limited to one per Fiscal Year and (2) the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses of one such field examination, audit and expenses inspection per calendar year or more than one time per year at a cost of no more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 2 contracts

Samples: Credit Agreement (Rentech Nitrogen Partners, L.P.), Credit Agreement (Rentech Nitrogen Partners, L.P.)

Inspection of Property and Books and Records. (a) Each Credit Loan Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of such Person. Each Credit . (b) To the extent permitted by law, each Loan Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereofrequired): (ai) provide access to such property to the Administrative Agent and any of its Related PersonsParties, as frequently as the Administrative Agent reasonably determines to be appropriate; and (bii) permit the Administrative Agent and any of its Related Persons Parties to inspectconduct field examinations, audit audit, inspect and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Loan Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other any Collateral in any manner and through any medium that the Administrative Agent reasonably considers advisable, in each instance, at the Credit Loan Parties’ expense expense; provided the Credit Loan Parties shall not only be responsible obligated to reimburse the Administrative Agent for costs the expenses for any such field examinations, audits and expenses more than inspections (x) one time per year at (or, if a cost of no more than $15,000Trigger Event occurs during such year, unless two times per year), or (y) if an Event of Default has occurred and is continuing, as frequently as such field examinations, audits and inspections are conducted. Any Lender may accompany the Administrative Agent or its Related Parties in connection with any inspection at such LenderXxxxxx’s expense.

Appears in 1 contract

Samples: Credit Agreement (Unisys Corp)

Inspection of Property and Books and Records. Each Credit Party shall maintain and the Borrower shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Borrower’s Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; (b) permit Agent and any of its Related Persons to inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense as provided for in Section 10.5, except that, other than during the continuation of an Event of Default, the Credit Parties shall not be responsible for costs and expenses related to more than one (1) time audit or appraisal per year at a cost of no more than $15,000, unless an Event of Default has occurred and is continuingyear. Any Lender may accompany Agent in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Ute Energy Upstream Holdings LLC)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): ) : (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent reasonably determines to be appropriate; and (b) permit Agent and any of its Related Persons to inspectconduct field examinations, audit audit, inspect and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent reasonably considers advisable, in each instance, at the Credit Parties’ expense provided expense; provided, the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses for four (4) such field examinations, audits and expenses more than one time inspections per year at a cost of no or more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Constar International Inc)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to inspectconduct field examinations, audit audit, inspect and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses for two such field examinations, audits and expenses more than one time inspections per year at a cost of no or more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Landec Corp \Ca\)

Inspection of Property and Books and Records. (a) Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of such Person. Each . (b) To the extent permitted by law, each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereofrequired): (ai) provide access to such property to Agent and any of its Related Persons, as frequently as Agent reasonably determines to be appropriate; and (bii) permit Agent and any of its Related Persons to inspectconduct field examinations, audit audit, inspect and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other any Collateral in any manner and through any medium that Agent reasonably considers advisable, in each instance, at the Credit Parties’ expense expense; provided the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses for any such examinations, audits and expenses inspections (x) at any time when the Excess Availability equals or is more than $30.0 million, one time per year year, (y) at a cost of no more any time when the Excess Availability is less than $15,00030.0 million, unless two times per year, or (z) if an Event of Default has occurred and is continuing, more frequently. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Unisys Corp)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice at times to be mutually agreed by Agent and such Credit Party once per calendar year (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): be (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to conduct field examinations, audit, inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense provided expense; provided, that the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the reasonable and documented expenses of one such field examination, audit and inspection per calendar year or more than one time per year at a cost of no more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Spinal Elements Holdings, Inc.)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance written notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to conduct field examinations, appraise, inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications conduct appraisals and appraisals of the inventory and other Collateral evaluations in any manner and through any medium that Agent reasonably considers advisable, in each instance, at the Credit Parties’ expense expense; provided that (x) the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses of one such appraisal, evaluation and expenses inspection per calendar year or more than one time per year at a cost of no more than $15,000, unless frequently if an Event of Default has occurred and is continuing and (y) so long as no Event of Default has occurred and is continuing, there shall be no more than one such visit and inspection per calendar year. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Iteris, Inc.)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to inspectconduct field examinations, audit audit, inspect and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses for one, such field examinations, audits and expenses more than one time inspections per year at a cost of no or more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Solo Cup CO)

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Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and accountaccount consistent with industry standards, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to inspectconduct field examinations, audit audit, inspect and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense provided the Credit Parties shall not be responsible for costs and expenses more than one time per year at a cost of no more than $15,000, unless an Event of Default has occurred and is continuingexpense. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such LenderXxxxxx’s expense.

Appears in 1 contract

Samples: Debt Agreement

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): ): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; (b) permit Agent and any of its Related Persons to inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s 's books and records; and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties' expense provided the Credit Parties shall not be responsible for costs and expenses more than one time per year at a cost of no more than $15,000, unless an Event of Default has occurred and is continuing. Any Lender may accompany Agent in connection with any inspection at such Lender’s 's expense.

Appears in 1 contract

Samples: Credit Agreement (CSAV Holding Corp.)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled propertyProperty, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to inspectconduct field examinations, audit audit, inspect and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses for four such field examinations, audits and expenses more than one time inspections per year at a cost of no or more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Essex Rental Corp.)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent reasonably determines to be appropriate; and (b) permit Agent and any of its Related Persons to inspectconduct field examinations, audit audit, inspect and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses for one such field examination, audit and expenses more than one time inspection per year at a cost of no more than $15,000, unless an Event of Default has occurred and is continuingyear. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Radioshack Corp)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to inspectconduct field examinations, audit audit, inspect and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses for four such field examinations, audits and expenses more than one time inspections per year at a cost of no or more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Essex Rental Corp.)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true true, and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; provided that such access may not unreasonably interfere with patient care at a Credit Party or a Credit Party’s Subsidiary’s facility or would reasonably result in the violation of patient privacy at a Credit Party or a Credit Party’s Subsidiary’s facility; and (b) permit Agent and any of its Related Persons to conduct field examinations, audit, inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided that the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses of one such field examination, audit and expenses inspection per calendar year or more than one time per year at a cost of no more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Nobilis Health Corp.)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and the Administrative Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to the Administrative Agent and any of its Related Persons, as frequently as the Administrative Agent determines to be appropriate; and (b) permit the Administrative Agent and any of its Related Persons to conduct field examinations, audit, inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other Collateral in any manner and through any medium that the Administrative Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided the Credit Parties shall not only be responsible obligated to reimburse the Administrative Agent for costs the expenses of one such field examination, audit and expenses inspection per calendar year or more than one time per year at a cost of no more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany the Administrative Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (FTE Networks, Inc.)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): notice: (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; (b) permit Agent and any of its Related Persons to inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s 's books and records; and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties' expense provided the Credit Parties shall not be responsible for costs and expenses more than one time per year at a cost of no more than $15,000, unless an Event of Default has occurred and is continuing. Notwithstanding the foregoing, if, at any time an Event of Default shall have occurred and be continuing, access is necessary to preserve or protect the Collateral as determined by Agent in its good faith credit judgment, each such Credit Party shall provide such access to Agent and to each Lender at all times and without advance notice. Any Lender may accompany Agent in connection with any inspection at such Lender’s 's expense.

Appears in 1 contract

Samples: Credit Agreement (Banctec Inc)

Inspection of Property and Books and Records. Each Credit Party shall maintain and shall cause each of its Subsidiaries to maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Person. Each Credit Party shall, and shall cause each of its Subsidiaries to, with respect to each owned, leased, or controlled property, during normal business hours and upon reasonable advance notice (unless an Event of Default shall have occurred and be continuing, in which event no notice shall be required and Agent shall have access at any and all times during the continuance thereof): (a) provide access to such property to Agent and any of its Related Persons, as frequently as Agent determines to be appropriate; and (b) permit Agent and any of its Related Persons to conduct field examinations, audit, inspect, audit and make extracts and copies (or take originals if reasonably necessary) from all of such Credit Party’s books and records; , and (c) permit Agent to inspect, review, evaluate and make physical verifications and appraisals of the inventory Inventory and other Collateral in any manner and through any medium that Agent considers advisable, in each instance, at the Credit Parties’ expense expense; provided the Credit Parties shall not only be responsible obligated to reimburse Agent for costs the expenses of one such field examination, audit and expenses inspection per calendar year or more than one time per year at a cost of no more than $15,000, unless frequently if an Event of Default has occurred and is continuing. Any Lender may accompany Agent or its Related Persons in connection with any inspection at such Lender’s expense.

Appears in 1 contract

Samples: Credit Agreement (Rand Logistics, Inc.)

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