Inspections; Appraisals. (a) Permit Agent, or its representatives or designees, from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Obligor or Subsidiary, inspect, audit and make extracts from any Obligor’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such Obligor’s or Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to any Obligor to make any inspection, nor to share any results of any inspection, appraisal or report with any Obligor. Obligors acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Obligors shall not be entitled to rely upon them.
Appears in 7 contracts
Samples: Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (P&f Industries Inc)
Inspections; Appraisals. (a) Permit Agent, or its representatives or designees, the Agents from time to time, subject (except when a Default or an Event of Default existshas occurred and is continuing) to reasonable notice and normal business hours, to visit and inspect the Properties properties of any Obligor Borrower or Subsidiary, inspect, audit and make extracts from Holdings’, any ObligorBorrower’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants Holdings’ or such ObligorBorrower’s or Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent the Agents nor any Lender shall have any duty to any Obligor Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any ObligorBorrower. Obligors Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent the Agents and Lenders for their purposes, and Obligors Borrowers shall not be entitled to rely upon them.
Appears in 3 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Inspections; Appraisals. (a) Permit Agent, or its representatives or designees, Agent from time to time, subject (but no more than once per fiscal quarter at Borrower’s expense, except when a Default or during the continuance of an Event of Default exists) Default), subject to reasonable notice and normal business hours, to visit and inspect the Properties of Borrower or any Obligor or Subsidiary, inspect, audit and make extracts from any ObligorBorrower’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such ObligorBorrower’s or Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to any Obligor Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any ObligorBorrower. Obligors acknowledge Borrower acknowledges that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Obligors Borrower shall not be entitled to rely upon them.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp)
Inspections; Appraisals. (a) Permit Agent, or its representatives or designees, the Administrative Agent from time to time, subject (except when a Default or an Event of Default existshas occurred and is continuing) to reasonable notice and normal business hours, to visit and inspect the Properties properties of any Obligor Borrower or Subsidiary, inspect, audit and make extracts from any ObligorBorrower’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such ObligorBorrower’s or Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither the Administrative Agent nor any Lender shall have any duty to any Obligor Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any ObligorBorrower. Obligors Borrowers acknowledge that all inspections, appraisals and reports are prepared by the Administrative Agent and Lenders for their purposes, and Obligors Borrowers shall not be entitled to rely upon them.
Appears in 2 contracts
Samples: Credit Agreement (Nortek Inc), Credit Agreement (Broan-NuTone LLC)
Inspections; Appraisals. (a) Permit AgentPermit, or and cause each of its representatives or designeesRestricted Subsidiaries to permit, Agent from time to time, subject (except when unless a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Obligor or Subsidiary, inspect, audit and make extracts from any Obligor’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such Obligor’s or Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender Secured Parties shall have any no duty to any Obligor to make any inspection, nor to share any results of any inspection, appraisal or report with any Obligor. Obligors acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Obligors shall not be entitled to rely upon them.
Appears in 1 contract
Samples: Senior Credit Agreement (Hornbeck Offshore Services Inc /La)
Inspections; Appraisals. (a) Permit Agent, or its representatives or designees, Agent from time to time, subject (except when a Default or Event of Default exists) to reasonable prior notice and (except when a Default or Event of Default exists) only during normal business hours, to visit and inspect the Properties of any Obligor or SubsidiaryObligor, inspect, audit and make extracts from any Obligor’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such Obligor’s or any Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to any Obligor to make any inspection, nor to share any results of any inspection, appraisal or report with any Obligor. Obligors acknowledge Each Obligor acknowledges that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Obligors shall not be entitled to rely upon them.
Appears in 1 contract
Inspections; Appraisals. (a) Permit Agent, or its representatives or designeesan Agent’s representative, from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Obligor Borrower or Subsidiary, inspect, audit and make extracts from any ObligorBorrower’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such ObligorBorrower’s or Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to any Obligor Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any ObligorBorrower. Obligors Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Obligors Borrowers shall not be entitled to rely upon them.
Appears in 1 contract
Samples: Loan and Security Agreement (Multi Fineline Electronix Inc)
Inspections; Appraisals. (a) Permit Agent, or its representatives or designees, the Administrative Agent from time to time, subject (except when a Default or an Event of Default existshas occurred and is continuing) to reasonable notice and normal business hours, to visit and inspect the Properties properties of any Obligor Borrower or Subsidiary, inspect, audit and make extracts from any Obligor’s Borrower's or Subsidiary’s 's books and records, and discuss with its officers, employees, agents, advisors and independent accountants such Obligor’s Borrower's or Subsidiary’s 's business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither the Administrative Agent nor any Lender shall have any duty to any Obligor Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any ObligorBorrower. Obligors Borrowers acknowledge that all inspections, appraisals and reports are prepared by the Administrative Agent and Lenders for their purposes, and Obligors Borrowers shall not be entitled to rely upon them.
Appears in 1 contract
Samples: Credit Agreement (Nortek Inc)
Inspections; Appraisals. (a) Permit Agent, or its representatives or designees, Agent from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Obligor or Subsidiarysuch Obligated Party’s and its Subsidiaries, inspect, audit and make extracts from any Obligorsuch Obligated Party’s or Subsidiary’s and its Subsidiaries’ books and records, and discuss with its officers, employees, agents, advisors and independent accountants such ObligorBorrower’s or Subsidiary’s its Subsidiaries’ business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to any Obligor Obligated Party to make any inspection, nor to share any results of any inspection, appraisal or report with any ObligorObligated Party. Obligors Obligated Parties acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Obligors Obligated Parties shall not be entitled to rely upon them.
Appears in 1 contract
Inspections; Appraisals. (a) Permit Agent, or its representatives or designees, Administrative Agent from time to time, subject to reasonable notice (except when a Default or an Event of Default exists) to and at reasonable notice and times during normal business hours, to visit and inspect the Properties of any Obligor or its Subsidiary, inspect, audit and make extracts from any Obligor’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such Obligor’s or Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Administrative Agent nor any Lender shall have any duty to any Obligor to make any inspection, nor to share any results of any inspection, appraisal or report with any Obligor. Obligors acknowledge that all inspections, appraisals and reports are prepared by Administrative Agent and Lenders for their purposes, and Obligors shall not be entitled to rely upon them.
Appears in 1 contract
Samples: Loan and Security Agreement (Spectrum Brands, Inc.)
Inspections; Appraisals. (a) Permit Agent, or its representatives or designees, representative and independent contractors of the Agent from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Obligor Loan Party or Subsidiary, inspect, audit and make extracts from any ObligorLoan Party’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such ObligorLoan Party’s or Subsidiary’s business, Business Plan, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to any Obligor Loan Party to make any inspection, nor to share any results of any inspection, appraisal or report with any ObligorLoan Party. Obligors Loan Parties acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Obligors Loan Parties shall not be entitled to rely upon them.
Appears in 1 contract
Inspections; Appraisals. (a1) Permit Agent, or its representatives or designees, Agent from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Obligor Borrower or Restricted Subsidiary, inspect, audit and make extracts from any ObligorBorrower’s or Restricted Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such ObligorBorrower’s or Restricted Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to any Obligor Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any ObligorBorrower. Obligors Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Obligors Borrowers shall not be entitled to rely upon them.
Appears in 1 contract
Samples: Loan and Security Agreement (Topgolf Callaway Brands Corp.)
Inspections; Appraisals. (a) Permit Agent, or its representatives or designees, Agent from time to time, subject (except when unless a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of Parent, any Obligor Borrower or Subsidiary, inspect, audit and make extracts from Parent’s any ObligorBorrower’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants Parent’s and such ObligorBorrower’s or Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender Secured Parties shall have any no duty to any Obligor to make any inspection, nor to share any results of any inspection, appraisal or report with any Obligor. Obligors Parent and Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Obligors Neither Parent nor Borrowers shall not be entitled to rely upon them.
Appears in 1 contract
Inspections; Appraisals. (a) Permit AgentThe Borrower shall, or its representatives or designeesand shall cause each Restricted Subsidiary to, permit Agent from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of the Borrower or any Obligor or Restricted Subsidiary, inspect, audit and make extracts from any Obligorthe Borrower’s or Restricted Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such Obligorthe Borrower’s or Restricted Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to any Obligor the Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with the Borrower or any Obligorof its Subsidiaries. Obligors acknowledge The Borrower acknowledges that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Obligors the Borrower shall not be entitled to rely upon them.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Key Energy Services Inc)