Inspections; Appraisals. (a) Each Borrower shall, and shall cause each Restricted Subsidiary to, permit Administrative Agent from time to time, subject (except when an Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Borrower or any Restricted Subsidiary, inspect, audit and make extracts from any Borrower’s or Restricted Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such 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 Administrative Agent nor any Lender shall have any duty to any Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any Borrower or any of its Subsidiaries. Borrowers acknowledge that all inspections, appraisals and reports are prepared by Administrative Agent and Lenders for their purposes, and Borrowers shall not be entitled to rely upon them.
Appears in 6 contracts
Samples: Loan and Security Agreement (Par Pacific Holdings, Inc.), Loan Agreement (Key Energy Services Inc), Loan Agreement (Key Energy Services Inc)
Inspections; Appraisals. (a) Each Borrower shallPermit Agent, and shall cause each Restricted Subsidiary toor any third party used for such purposes, permit Administrative Agent from time to time, subject (except when a Default or an Event of Default exists) to reasonable notice and during normal business hours, to visit and inspect the Properties of Intermediate Holdco, any Borrower or any Restricted Subsidiary, inspect, audit and make extracts from any Borrower’s or Restricted Subsidiary’s books and records, conduct appraisals, and discuss with its officers, employees, agents, advisors and independent accountants such Borrower’s or Restricted Subsidiary’s business, financial condition, assets, prospects and results of operationsoperations (subject to existing confidentiality obligations and attorney-client privileges). 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 Borrower Obligor to make any inspection, nor to share any results of any inspection, appraisal or report with any Borrower or any of its SubsidiariesObligor. Borrowers acknowledge Intermediate Holdco and each Obligor acknowledges that all inspections, appraisals and reports are prepared by Administrative Agent and Lenders for their purposes, and Borrowers no Obligor shall not be entitled to rely upon them.
Appears in 4 contracts
Samples: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)
Inspections; Appraisals. (a) Each Borrower shall, and shall cause each Restricted Subsidiary to, permit Administrative Permit Agent from time to time, subject (except when an a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties Collateral of any Borrower or any Restricted Subsidiary, inspect, audit and make extracts from any Borrower’s or Restricted Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants, and, after and for as long as an Event of Default continues, Borrowers authorize such independent accountants to discuss such financial matters with the Agent or any authorized representative thereof, such 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 Administrative Agent nor any Lender shall have any duty to any Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any Borrower or any of its SubsidiariesBorrower. Borrowers acknowledge that all inspections, appraisals and reports are prepared by Administrative Agent and Lenders for their purposes, and Borrowers shall not be entitled to rely upon them.
Appears in 2 contracts
Samples: Credit and Security Agreement (Titan International Inc), Credit and Security Agreement (Titan International Inc)
Inspections; Appraisals. (a) Each Borrower shall, and shall cause each Restricted Subsidiary to, permit Administrative Permit Agent from time to time, subject (except when an Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Borrower or any Restricted Subsidiary, inspect, audit and make extracts from Borrower's or any Borrower’s or Restricted Subsidiary’s 's books and records, and discuss with its officers, employeesemployees (with the consent of a Senior Officer not to be unreasonably withheld), agents, advisors and independent accountants Borrower's or such Borrower’s or Restricted Subsidiary’s 's business, financial condition, assets, prospects and results of operations; PROVIDED that absent the existence of an Event of Default, such inspections and audits shall be limited to two times per Loan Year. 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 Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any Borrower. Borrower or any of its Subsidiaries. Borrowers acknowledge acknowledges that all inspections, appraisals and reports are prepared by Administrative Agent and Lenders for their purposes, and Borrowers Borrower shall not be entitled to rely upon them.
Appears in 1 contract
Samples: Loan and Security Agreement (Hines Horticulture Inc)
Inspections; Appraisals. (a) Each Borrower shall, and shall cause each Restricted Subsidiary to, permit Administrative Permit Agent and/or any Collateral Agent from time to time, subject (except when an a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Borrower or any Restricted Subsidiary, inspect, audit and make extracts from any Borrower’s or Restricted Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such Borrower’s or Restricted Subsidiary’s business, financial condition, assets, prospects and results of operations; provided an officer of such Borrower or Restricted Subsidiary shall have the right to be present at any such discussion. Lenders may participate in any such visit or inspection, at their own expense. Neither Administrative Agent Agent, any Collateral Agent, nor any Lender shall have any duty to any Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any Borrower or any of its SubsidiariesBorrower. Borrowers acknowledge that all inspections, appraisals and reports are prepared by Administrative Agent and Lenders for their purposes, and Borrowers shall not be entitled to rely upon them.
Appears in 1 contract
Samples: Loan Agreement (Solo Cup CO)
Inspections; Appraisals. (a) Each Borrower Obligor shall, and shall cause each Restricted Subsidiary to, permit Administrative Agent from time to timetime but no more than one time per Loan Year (except when an Event of Default exists), subject (except when an Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Borrower Obligor or any Restricted Subsidiary, inspect, audit and make extracts from any Borrower’s Obligor's or Restricted Subsidiary’s 's books and records, and discuss with its officers, employees, agents, advisors and independent accountants such Borrower’s Obligor's or Restricted 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 Administrative Agent nor any Lender shall have any duty to any Borrower Obligor to make any inspection, nor to share any results of any inspection, appraisal or report with any Borrower Obligor or any of its Subsidiaries. Borrowers Obligors acknowledge that all inspections, appraisals and reports are prepared by Administrative Agent and Lenders for their purposes, and Borrowers Obligors shall not be entitled to rely upon them.
Appears in 1 contract