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Common use of Maintaining Records; Access to Properties and Inspections; Maintenance of Ratings Clause in Contracts

Maintaining Records; Access to Properties and Inspections; Maintenance of Ratings. (a) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP in all material respects and all Requirements of Law in all material respects are made of all dealings and transactions in relation to its business and activities. Each Loan Party will, and will cause each of its subsidiaries to, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of such Person at reasonable times and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any representatives designated by the Administrative Agent or any Lender to discuss the affairs, finances and condition of such Person with the officers thereof and independent accountants therefor (subject to reasonable requests for confidentiality, including as may be imposed by law or contract); provided that absent the existence of a Default or an Event of Default, inspections pursuant to this Section 5.07 shall be limited to one time per fiscal year. (b) In the case of the Borrower, at all times after ratings have been obtained, use commercially reasonable efforts to (a) maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower and (b) maintain public ratings from S&P and Xxxxx’x, in each case in respect of the Credit Facilities.

Appears in 2 contracts

Samples: Incremental Loan Assumption Agreement (AAC Holdings, Inc.), Credit Agreement (AAC Holdings, Inc.)

Maintaining Records; Access to Properties and Inspections; Maintenance of Ratings. (a) Keep proper books of record and account all financial records in which full, true and correct entries in conformity accordance with GAAP in all material respects and all Requirements of Law in all material respects are made of all dealings and transactions in relation to its business and activitiesGAAP. Each Loan Party will, and will cause each of its subsidiaries to, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of such Person at reasonable times and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any representatives designated by the Administrative Agent or any Lender to discuss the affairs, finances and condition of such Person with the officers thereof and independent accountants therefor (subject to reasonable requests for confidentiality, including as may be imposed by law or contract)therefor; provided that absent that, excluding any such visits and inspections during the existence continuation of a Default or an Event of Default, inspections pursuant to only the Administrative Agent or its designee on behalf of the Lenders may exercise this right under this Section 5.07 and the Administrative Agent or its designee shall be limited to one time per fiscal yearnot exercise such rights more often than twice during any calendar year at the Borrower’s expense. (b) In the case of Holdings and the Borrower, at all times after ratings have been obtained, use commercially reasonable efforts to (a) maintain a public rating of the Term Facility by each of S&P and Xxxxx’x, and in the case of the Borrower, use commercially reasonable efforts to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower and (b) maintain public ratings from S&P and Xxxxx’x, in each case in respect of the Credit FacilitiesBorrower.

Appears in 1 contract

Samples: Credit Agreement (Spectrum Brands, Inc.)

Maintaining Records; Access to Properties and Inspections; Maintenance of Ratings. (a) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP in all material respects and all Requirements of Law in all material respects are made of all dealings and transactions in relation to its business and activities. Each Loan Party will, and will cause each of its subsidiaries to, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of such Person at reasonable times and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any representatives designated by the Administrative Agent or any Lender to discuss the affairs, finances and condition of such Person with the officers thereof and independent accountants therefor (subject to reasonable requests for confidentiality, including as may be imposed by law or contract); provided that absent the existence of a Default or an Event of Default, inspections pursuant to this Section 5.07 shall be limited to one time per fiscal year. (b) In the case of the Borrower, at all times after ratings have been obtained, use commercially reasonable efforts to (a) maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower and (b) maintain public ratings from S&P and Xxxxx’x, in each case in respect of the Credit FacilitiesFacility.

Appears in 1 contract

Samples: Credit Agreement (AAC Holdings, Inc.)