Common use of Inspections; Appraisals Clause in Contracts

Inspections; Appraisals. (a) Permit Agent from time to time, subject (unless a Default or Event of Default exists) to reasonable notice and during normal business hours, to visit and inspect the Properties of the Obligors, inspect, audit and make extracts from Obligors’ books and records, and discuss with its officers, employees, agents, advisors and independent accountants Obligors’ business, financial condition, assets and results of operations (it being understood that a representative of Parent shall be allowed to be present in any discussions with independent accountants). Lenders may participate in any such visit or inspection, at their own expense. None of Agent, any Issuing Bank or Lenders shall have any duty to any Obligor to make any inspection, nor shall Agent have any obligation to (but Agent may) share any results of any inspection, appraisal or report with any Obligor. The Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrowers shall not be entitled to rely upon them. No Borrowing Base calculation shall include Collateral acquired in a Permitted Acquisition or otherwise outside the Ordinary Course of Business until completion of applicable field examinations and appraisals (which shall not be included in the limits provided in Section 10.1.1(b)) satisfactory to Agent and delivery to Agent of any material documents related to such Permitted Acquisition.

Appears in 2 contracts

Samples: Loan Agreement (Conns Inc), Loan and Security Agreement (Conns Inc)

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Inspections; Appraisals. (a) Permit Keep its books and records in accordance with sound business practices sufficient to allow the preparation of financial statements in accordance with GAAP in all material respects and permit Agent from time to time, subject (unless a Default or an Event of Default exists) to reasonable prior notice and during normal business hours, to visit and inspect the Properties of the Obligorsany Obligor or Restricted Subsidiary, inspect, audit and make extracts from Obligors’ any Obligor’s or Restricted Subsidiary’s books and records, and and, subject to paragraph (b) below, discuss with its officers, employees, agents, advisors and independent accountants Obligors’ such Obligor’s or Restricted Subsidiary’s business, financial condition, assets assets, prospects and results of operations (it being understood that operations; provided, however, the Obligors shall, absent a representative continuing Event of Parent shall Default, be allowed given the opportunity to be present in at any discussions communications with independent their accountants). Lenders may participate in any such visit or inspection, at their own expense. None of Agent, any Issuing Bank or Lenders Secured Parties shall have any no duty to any Obligor to make any inspection, nor shall Agent have any obligation to (but Agent may) share any results of any inspection, appraisal or report with any Obligor. The Borrowers Obligors acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrowers Obligors shall not be entitled to rely upon them. No Borrowing Base calculation shall include Collateral acquired in a Permitted Acquisition or otherwise outside the Ordinary Course of Business until completion of applicable field examinations and appraisals (which shall not be included in the limits provided in Section 10.1.1(b)) satisfactory to Agent and delivery to Agent of any material documents related to such Permitted Acquisition.

Appears in 2 contracts

Samples: Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.), Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.)

Inspections; Appraisals. (a) Permit Agent from time to time, subject (unless except when a Default or Event of Default exists) to reasonable notice and during normal business hours, to visit and inspect the Properties of the Obligorsany Obligor or Subsidiary, inspect, audit and make extracts from Obligors’ any Obligor’s or Subsidiary’s books and recordsrecords (except as prohibited by Applicable Law), and discuss with its officers, employeesother employees (with the consent of a Senior Officer which consent shall not be unreasonably withheld, conditioned or delayed and shall not be required during and Event of Default), agents, advisors and independent accountants Obligors’ such Obligor’s or Subsidiary’s business, financial condition, assets assets, prospects and results of operations (it being understood that a representative of Parent shall be allowed to be present in any discussions with independent accountants)operations. Lenders may participate in any such visit or inspection, at their own expense. None of Agent, Neither Agent nor any Issuing Bank or Lenders Lender shall have any duty to any Obligor to make any inspection, nor shall Agent have any obligation to (but Agent may) share any results of any inspection, appraisal or report with any Obligor. The Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrowers Obligors shall not be entitled to rely upon them. No Borrowing Base calculation shall include Collateral acquired in a Permitted Acquisition or otherwise outside the Ordinary Course of Business until completion of applicable field examinations and appraisals (which shall not be included in the limits provided in Section 10.1.1(b)) satisfactory to Agent and delivery to Agent of any material documents related to such Permitted Acquisition.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hypercom Corp), Loan and Security Agreement (Hypercom Corp)

Inspections; Appraisals. (a) Permit Keep its books and records in accordance with sound business practices sufficient to allow the preparation of financial statements in accordance with GAAP in all material respects and permit Agent from time to time, subject (unless a Default or an Event of Default exists) to reasonable prior notice and during normal business hours, to visit and inspect the Properties of the Obligorsany Obligor or Restricted Subsidiary, inspect, audit and make extracts from Obligors’ any Obligor’s or Restricted Subsidiary’s books and records, and and, subject to paragraph (b) below, discuss with its officers, employees, agents, advisors and independent accountants Obligors’ such Obligor’s or Restricted Subsidiary’s business, financial condition, assets assets, prospects and results of operations (it being understood that operations; provided, however, the Obligors shall, absent a representative continuing Event of Parent shall Default, be allowed given the opportunity to be present in at any discussions communications with independent their accountants). Lenders may participate in any such visit or inspection, at their own expense. None of Agent, any Issuing Bank or Lenders Secured Parties shall have any no duty to any Obligor to make any inspection, nor shall Agent have any obligation to (but Agent may) share any results of any inspection, appraisal or report with any Obligor. The Borrowers Obligors acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrowers Obligors shall not be entitled to rely upon them. No Borrowing Base calculation shall include Collateral acquired in a Permitted Acquisition or otherwise outside the Ordinary Course of Business until completion of applicable field examinations Xxxxxxxx – Loan, Security and appraisals (which shall not be included in the limits provided in Section 10.1.1(b)) satisfactory to Agent and delivery to Agent of any material documents related to such Permitted Acquisition.Guaranty Agreement #53354946 EXECUTION VERSION

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.)

Inspections; Appraisals. (a) Permit Agent from time to time, subject (unless a Default or an Event of Default exists) to reasonable notice and during normal business hours, to visit and inspect the Properties of the Obligorsany Borrower or Subsidiary, inspect, audit and make extracts from Obligors’ any Borrower’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants Obligors’ (provided that representatives of the Borrowers shall be permitted to be present at any discussion with the independent accountants) such Borrower’s or Subsidiary’s business, financial condition, assets assets, prospects and results of operations (it being understood that a representative operations. Each Borrower and its Subsidiaries may place reasonable limits on access to information, the disclosure of Parent which is subject to attorney-client or attorney work product privileges and neither any Borrower nor any Subsidiary shall be allowed required to be present in disclose any discussions with independent accountants)trade secrets. Lenders may participate in any such visit or inspection, at their own expense. None of Agent, any Issuing Bank or Lenders Secured Parties shall have any no duty to any Obligor to make any inspection, nor shall Agent have any obligation to (but Agent may) share any results of any inspection, appraisal or report with any Obligor. The Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrowers shall not be entitled to rely upon them. No Borrowing Base calculation shall include Collateral acquired in a Permitted Acquisition or otherwise outside the Ordinary Course of Business until completion of applicable field examinations and appraisals (which shall not be included in the limits provided in Section 10.1.1(b)) satisfactory to Agent and delivery to Agent of any material documents related to such Permitted Acquisition.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Inari Medical, Inc.)

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Inspections; Appraisals. (a) Permit Agent from time to time, subject (unless except when a Default or Event of Default exists) to reasonable notice but in any event no later than one (1) Business Day’s notice and during normal business hours, to visit and inspect the Properties of the Obligorsany Obligor or Subsidiary, inspect, audit and make extracts from Obligors’ any Obligor’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants Obligors’ such Obligor’s or Subsidiary’s business, financial condition, assets assets, prospects and results of operations (it being understood that a representative of Parent shall be allowed to be present in any discussions with independent accountants)operations. Lenders may participate in any such visit or inspection, at their own expense. None of Agent, Neither Agent nor any Issuing Bank or Lenders Lender shall have any duty to any Obligor to make any inspection, nor shall Agent have any obligation to (but Agent may) share any results of any inspection, appraisal or report with any Obligor; provided, however, so long as a Default or Event of Default exists, Agent agrees to send Obligors copies of all appraisals conducted by third parties engaged by it relating to Property of Obligors. The Borrowers Notwithstanding the foregoing, Obligors acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrowers Obligors shall not be entitled to rely upon them. No Borrowing Base calculation shall include Collateral acquired in a Permitted Acquisition or otherwise outside the Ordinary Course of Business until completion of applicable field examinations and appraisals (which shall not be included in the limits provided in Section 10.1.1(b)) satisfactory to Agent and delivery to Agent of any material documents related to such Permitted Acquisition.

Appears in 1 contract

Samples: Loan and Security Agreement (Cross Country Healthcare Inc)

Inspections; Appraisals. (a) Permit Agent from time to time, subject (unless except when a Default or Event of Default exists) to reasonable notice and during normal business hours, to visit and inspect the Properties Collateral of the Obligorsany Borrower or its Domestic Subsidiaries, inspect, audit and make extracts from Obligors’ any Borrower’s or such 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 Obligors’ to discuss such financial matters with the Agent or any authorized representative thereof, such Borrower’s or such Subsidiary’s business, financial condition, assets assets, prospects and results of operations (it being understood that a representative of Parent shall be allowed to be present in any discussions with independent accountants)operations. Lenders may participate in any such visit or inspection, at their own expense. None of Agent, Neither Agent nor any Issuing Bank or Lenders Lender shall have any duty to any Obligor Borrower to make any inspection, nor shall Agent have any obligation to (but Agent may) share any results of any inspection, appraisal or report with any ObligorBorrower. The Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrowers shall not be entitled to rely upon them. No Borrowing Base calculation shall include Collateral acquired in a Permitted Acquisition or otherwise outside the Ordinary Course of Business until completion of applicable field examinations and appraisals (which shall not be included in the limits provided in Section 10.1.1(b)) satisfactory to Agent and delivery to Agent of any material documents related to such Permitted Acquisition.

Appears in 1 contract

Samples: Credit and Security Agreement (Titan International Inc)

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