Inspection of Property; Books and Records; Audits Sample Clauses

See All (11)

Inspection of Property; Books and Records; Audits. (1) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP and all Requirements of Law shall be made of all dealings and transactions in relation to its business and activities; and (2) Permit: (i) representatives of the Administrative Agent, the Collateral Agent or any Lender to a. visit and inspect any of the - properties of the Companies and examine and make abstracts from any of the books and records of the Companies at any reasonable time and as often as may reasonably be desired by the Administrative Agent, the Collateral Agent or any Lender (but, prior to the occurrence of an Event of Default, only upon not less than two Business Days' prior notice), and b. discuss the - business, operations, properties and financial and other condition of the Companies with officers and employees of the Companies, and with their independent certified public accountants, and (ii) representatives of the Collateral Agent and the Administrative Agent to conduct periodic operational audits of the Companies' business and operations. The expenses of the Administrative Agent, the Collateral Agent or any Lender incurred in connection with any visit, inspection, examination, discussion or audit performed pursuant to this Paragraph 7(e)(2) shall be borne by such parties incurring such expenses except as otherwise provided in Paragraph 7(g).

See All (4)

Inspection of Property; Books and Records; Audits. (a) Keep proper books of records and account in which full, true and correct entries in conformity with GAAP and all Requirements of Law in all material respects shall be made of all financial dealings and transactions in relation to its business and activities, (b) permit representatives of the Administrative Agent or any Lender at reasonable times and upon reasonable advance notice to visit and inspect any properties of the Borrower and each other Loan Party and examine and make abstracts from any books and records of the Borrower and each other Loan Party at any reasonable time and as often as may reasonably be desired and to discuss the business, operations, properties and financial and other condition of the Borrower with officers of the Borrower and with their independent certified public accountants, (c) permit representatives or third party appraisers to conduct equipment appraisals of the equipment of the Borrower and each other Loan Party at Borrower’s cost and expense no more than twice per calendar year, (d) permit representatives of Administrative Agent to conduct a field examination and audit of the assets of Borrower and each other Loan Party no more than twice per calendar year at Borrower’s cost and expense; provided Administrative Agent may conduct such appraisals, field examinations and audits, at Borrower’s cost and expense, with such frequency as Administrative Agent or Required Lenders shall determine to be desirable following the occurrence and during the continuance of an Event of Default. (e) Article 7 of the Credit Agreement is hereby amended by inserting the following new Section 7.13 immediately after Section 7.12 to read as follows:

Inspection of Property; Books and Records; Audits. (1) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP and all Requirements of Law applicable to any of the Borrowers shall be made of all dealings and transactions in relation to its business and activities; and (2) Permit representatives of the Administrative Agent or any Lender to: (i) visit and inspect any of its properties and examine and make abstracts from any of its books Second Amended and Restated Credit Agreement and records at any reasonable time during normal business hours and upon not less than 48 hours prior notice (which may be telephonic) and as often as may reasonably be desired by the Administrative Agent or any Lender (but, so long as no Event of Default exists, no more frequently than one time per calendar quarter), (ii) discuss the business, operations, properties and financial and other condition of any of the Loan Parties with officers and employees of such parties, and with their independent certified public accountants, and (iii) conduct periodic operational audits of any of the Borrowers' business and/or operations at any reasonable time during normal business hours and upon not less than 48 hours prior notice (which may be telephonic) and as often as may reasonably be desired by the Administrative Agent or any Lender (but, so long as no Event of Default exists, no more frequently than one time per calendar quarter).

Inspection of Property; Books and Records; Audits. And shall ------------------------------------------------- cause each of its Subsidiaries to: (1) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP and all Requirements of Law shall be made of all dealings and transactions in relation to its business and activities; and (2) Permit representatives of the Administrative Agent or any Lender (at no cost or expense to the Company or any Subsidiary unless there shall have occurred and be continuing an Event of Default), upon the giving of reasonable prior written notice to: (i) visit and inspect any of its properties and examine and make abstracts from any of its books and records at any reasonable time and as often as may reasonably be desired by the Administrative Agent or any Lender, (ii) discuss the business, operations, properties and financial and other condition of the Company and any of its Subsidiaries with officers and employees of such Persons, and with their independent certified public accountants and (iii) conduct periodic operational audits of the Company's and its Subsidiaries' business and/or operations.

Inspection of Property; Books and Records; Audits. (1) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP and all Requirements of Law shall be made of all dealings and transactions in relation to its business and activities; and (2) Permit: (i) representatives of the Lender, to (A) visit and inspect any of its properties and examine and make abstracts from any of its books and records at any reasonable time and as often as may reasonably be desired by the Lender, (but, prior to the occurrence of an Event of Default, only upon not less than two Business Days’ prior notice), and (B) discuss the business, operations, properties and financial and other condition of the Company and its Subsidiaries with officers and employees of the Company, and with the independent certified public accountants of the Company, and (ii) representatives of the Lender to conduct periodic operational audits of the business and operations of the Company and its Subsidiaries. (3) Prepare and deliver to Lender, upon request, for each of its first three (3) fiscal quarters in each fiscal year, beginning with the fiscal quarter in which closing occurs, on or before the forty-fifth (45th) day following the end of such fiscal quarter, a copy of its 10Q report as filed with the Securities and Exchange Commission and for each fiscal year, on or before the forty-fifth (45th) day following the end of such fiscal year, a copy of its 10K report as filed with the Securities and Exchange Commission, in each case certified to be true and correct by the Chief Financial Officer of the Company.

Inspection of Property; Books and Records; Audits. (1) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP and all Requirements of Law shall be made of all dealings and transactions in relation to its business and activities; and (2) Permit: (i) representatives or agents of any Lender or the Administrative Agent to (A) visit and inspect any of its properties and examine and make abstracts from any of its books and records (including without limitation books and records relating to the Collateral) at any reasonable time and as often as may reasonably be desired by such Lender or the Administrative Agent (but, prior to the occurrence of an Event of Default, only upon prior notice), and (B) discuss the business, operations, properties and financial and other condition of the Companies or any of them with officers and employees of any Company, and with its independent certified public accountants, and (ii) representatives of the Administrative Agent or any Lender to conduct periodic operational audits of the business and operations of any Company, in the case of the Administrative Agent, at such Company's expense; provided, that the results of any such visit, inspection, examination, discussion or audit, to the extent such results are proprietary and non-public, shall be maintained by the Lenders and or the Administrative Agent in confidentiality except as required by law or regulation or by any governmental agency or regulatory body having authority over any Lender or the Administrative Agent, or to the extent such information may be communicated to any potential Lender, assignee or participant hereunder or to the legal counsel or auditors of any Lender or Administrative Agent.

Filter & Search

Related Clauses

Parent Clauses

Sub-Clauses