Inspection of Property, Books and Records; Audits; Etc. (a) The Borrower will keep proper books of record and accounts in which full, true and correct entries in all respects in accordance with GAAP shall be made of all financial matters and transactions in relation to its business and activities, and will permit representatives of the Administrative Agent and the Collateral Agent (in each case at the Borrower’s expense, in the case of not more than one inspection during any fiscal year except during the continuance of an Event of Default) to visit and inspect any of its properties, to examine and make abstracts from any of its books and records, to examine and make copies of the Related Contracts (and to discuss its affairs, finances and accounts with its officers, employees and independent public accountants, all at reasonable times in a manner so as to not unduly disrupt the business of the Borrower, upon reasonable prior notice to the Borrower and as often as may reasonably be desired; provided that any expenses incurred by the Borrower hereunder shall be reasonable and documented.
Inspection of Property, Books and Records; Audits; Etc. Section 5.6
Inspection of Property, Books and Records; Audits; Etc. (a) Each of the Servicer and the Borrower will keep proper books of record and accounts in which full, true and correct entries in all material respects in accordance with GAAP shall be made of all material financial matters and transactions in relation to its business and activities, and will permit representatives of the Administrative Agent and the Collateral Agent including an independent third party auditing firm selected by the Majority Lenders (in each case at the Borrower's expense, and not more than once during any fiscal year except during the continuance of an Event of Default) to visit and inspect any of its properties, to examine and make abstracts from any of its books and records relating to the Collateral Loans, to examine and make copies of the Required Loan Documents and to discuss its affairs, finances and accounts relating to the Collateral Loans with its officers, employees and independent public accountants, all at reasonable times and during normal business hours in a manner so as to not unduly disrupt the business of the Borrower, upon reasonable prior notice to the Servicer or the Borrower; provided that, so long as no Event of Default exists, no more than one such audit or field examination shall be conducted during any fiscal year of the Borrower and any expenses incurred in the course of such audit and/or field examination shall be reasonable and documented and shall not exceed $50,000 during such fiscal year.
Inspection of Property, Books and Records; Audits; Etc. (a) The Borrower will keep proper books of record and accounts in which full, true and correct entries in all material respects in accordance with GAAP shall be made of all material financial matters and transactions in relation to its business and activities, and will permit representatives of the Administrative Agent and the Collateral Agent (acting at the written direction of the Majority Lenders) (in each case at the Borrower’s expense, in the case of not more than one inspection during any fiscal year except during the continuance of an Event of Default) to visit and inspect any of its properties, to examine and make abstracts from any of its books and records, to examine and make copies of the Related Contracts (unless copying is prohibited by the confidentiality provisions of such Related Contracts) and to discuss its affairs, finances and accounts with its officers, employees and independent public accountants, all at reasonable times in a manner so as to not unduly disrupt the business of the Borrower, upon reasonable prior notice to the Borrower and as often as may reasonably be desired; provided that any expenses incurred by the Borrower hereunder shall be reasonable and documented.
Inspection of Property, Books and Records; Audits; Etc. (a) The Sub-Adviser will keep proper books of record and accounts relating to its services performed hereunder, and, to the extent such books of record and accounts are different from those prepared by the Collateral Manager pursuant to the terms of the Collateral Management Agreement, will permit, at the request of the Collateral Manager, representatives of the Issuer, the Trustee, the Holders and all Independent accountants appointed by the Collateral Manager pursuant to Section 10.12 of the Indenture (in each case (i) payable by the Issuer as Administrative Expenses pursuant to the Priority of Payments, if such inspection does not reveal any errors or discrepancies of $50,000 (or more) in the aggregate, (ii) at the expense of the Collateral Manager, if such inspection reveals errors or discrepancies of $50,000 (or more) in the aggregate, or (iii) at the expense of the Collateral Manager, during the continuance of an Event of Default) to examine and make abstracts from such books and records and to discuss its affairs, finances and accounts relating to its duties under this Agreement with its officers, employees (including any "Shared Employees" (as defined in the Staffing Agreement) who are responsible for the performance of this Agreement) and independent public accountants, all at commercially reasonable times in a commercially reasonable manner so as to not unduly disrupt the business of the Sub-Adviser, upon commercially reasonable prior notice (but in any event, not less than five Business Days) to the Sub-Adviser and as often as may commercially reasonably be desired.
Inspection of Property, Books and Records; Audits; Etc. (a) The Borrower and the Equity Holder shall, and the Borrower shall procure that each Credit Party, keep proper books of record and accounts in which full, true and correct entries in accordance with GAAP shall be made of all material financial matters and transactions in relation to its business and activities; and will permit representatives of the Blackstone Asset Based Finance Representative, the U.S. Collateral Agent and one Person designated by the Requisite Lenders (at the Borrower’s expense solely in the case of the Blackstone Asset Based Finance Representative, and solely in the case of not more than one inspection for all such parties collectively during any fiscal year except during the pendency or continuance of an Event of Default) to visit and inspect any of its properties, to examine and make abstracts from any of its books and records and to discuss its affairs, finances and accounts with its officers, employees and independent public accountants, in each case other than (1) materials and affairs protected by attorney-client privilege and (2) material which such person may not disclose without violation of any applicable law or contractual obligations, all during normal business hours in a manner so as to not unduly disrupt the business of the Borrower, upon reasonable prior notice to the Borrower and as often as may reasonably be desired.
Inspection of Property, Books and Records; Audits; Etc. (a) The Borrower will keep proper books of record and accounts in which full, true and correct entries in accordance with GAAP shall be made of all material financial matters and transactions in relation to its business and activities; and will permit representatives of the Administrative Agent and the Collateral Agent (in each case at the Borrower's expense, in the case of not more than one inspection during any fiscal quarter except during the pendency or continuance of an Event of Default) to visit and inspect any of its properties, to examine and make abstracts from any of its books and records and to discuss its affairs, finances and accounts with its officers, employees and independent public accountants, all at reasonable times in a manner so as to not unduly disrupt the business of the Borrower, upon reasonable prior notice to the Borrower and as often as may reasonably be desired.
Inspection of Property, Books and Records; Audits; Etc. The Sub-Advisor will maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and, to the extent such books of record and accounts are different from those prepared by the Collateral Manager pursuant to the terms of the Collateral Management Agreement, such books of account and records shall be accessible for inspection, at the request of the Collateral Manager, by representatives of the Issuer, the Trustee and the Independent accountants appointed by the Collateral Manager on behalf of the Issuer pursuant to Article X of the Indenture at any time during normal business hours and upon not less than three Business Days’ prior notice.
Inspection of Property, Books and Records; Audits; Etc. (a) The Borrower will keep proper books of record and accounts in which full, true and correct entries in all respects in accordance with GAAP shall be made of all financial matters and transactions in relation to its business and activities, and will permit representatives of the Administrative Agent and the Collateral Agent (in each case at the Borrower’s expense, in the case of not more than one inspection during any fiscal year except during the continuance of an Event of Default) to visit and inspect any of its properties, to examine and make abstracts from any of its books and records, to examine and make copies of the Related Contracts (and to discuss its affairs, finances and accounts with its officers, employees and independent public accountants, all at reasonable times in a manner so as to not unduly disrupt the business of the Borrower, upon reasonable prior notice to the Borrower and as often as may reasonably be desired; provided that any expenses incurred by the Borrower hereunder shall be reasonable and documented.
(b) If requested by the Majority Lenders, the Borrower agrees that representatives of the Administrative Agent (or an independent third-party auditing firm selected by the Administrative Agent) may (at the Borrower’s expense) conduct an audit and/or field examination of the Borrower and the Services Provider, at reasonable times in a manner so as to not unduly disrupt the business of the Borrower or the Services Provider, for the purpose of examining the servicing and administration of the Collateral Loans, the results of which audit and/or field examination shall be promptly provided to the Lenders; provided that, so long as no Event of Default exists, no more than one such audit or field examination shall be conducted during any fiscal year of the Borrower and any expenses incurred in the course of such audit and/or field examination shall be reasonable and documented.
(c) If requested by the Administrative Agent or the Majority Lenders, the Borrower and the Services Provider shall participate in a meeting with the Administrative Agent and the Lenders once during each fiscal year of the Borrower, to be held at a location in New York City and at a time reasonably determined by the Borrower and the Services Provider.
