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 and all requirements of law are made of all material dealings and transactions in relation to its business and activities. Subject to the provisions of Section 9.16, each Loan Party will, and will cause each of the Subsidiaries to, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of the Borrower or any of the Subsidiaries upon reasonable prior notice to the Borrower (and, unless a Default or Event of Default shall have occurred and be continuing, on not more than two occasions during any fiscal year) 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 the Borrower or any of the Subsidiaries with the officers thereof and independent accountants therefor; provided that whether or not a Default or Event of Default shall have occurred and be continuing, the Borrower shall have the right to participate in all such discussions. (b) Use commercially reasonable efforts to cause the Credit Facilities to be continuously rated by S&P and Xxxxx’x on a public basis, and in the case of the Borrower, use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower.
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Samples: Credit Agreement (King Pharmaceuticals Inc), Credit Agreement (Alpharma 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 and all requirements of law are made of all material dealings and transactions in relation to its business and activitiesGAAP. Subject to the provisions of Section 9.16, each Each Loan Party will, and will cause each of the Subsidiaries 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 the Borrower or any of the Subsidiaries upon such Person at reasonable prior notice to the Borrower (and, unless a Default or Event of Default shall have occurred times and be continuing, on not more than two occasions during any fiscal year) 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 the Borrower or any of the Subsidiaries such Person with the officers thereof and independent accountants therefor; provided that whether or not a Default or that, excluding any such visits and inspections during the continuation of an Event of Default Default, 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 have occurred and be continuing, not exercise such rights more often than twice during any calendar year at the Borrower shall have the right to participate in all such discussionsLead Borrower’s expense.
(b) Use commercially reasonable efforts to cause the Credit Facilities to be continuously rated (x) maintain a public rating of Term B-1 Loan Facility by each of S&P and Xxxxx’x on a public basis, and in the case of the Borrower, (y) use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the BorrowerLead Borrower (it being understood and agreed that “commercially reasonable efforts” shall in any event include the payment by the Lead Borrower of customary rating agency fees and cooperation with information and data requests by Xxxxx’x and S&P in connection with their ratings process).
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Samples: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, 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 and all requirements of law are made of all material dealings and transactions in relation to its business and activitiesGAAP. Subject to the provisions of Section 9.16, each Each Loan Party will, and will cause each of the Subsidiaries 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 the Borrower or any of the Subsidiaries upon such Person at reasonable prior notice to the Borrower (and, unless a Default or Event of Default shall have occurred times and be continuing, on not more than two occasions during any fiscal year) 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 the Borrower or any of the Subsidiaries such Person with the officers thereof and independent accountants therefor; provided that whether or not a Default or that, excluding any such visits and inspections during the continuation of an Event of Default Default, 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 have occurred and be continuing, not exercise such rights more often than twice during any calendar year at the Borrower shall have the right to participate in all such discussionsLead Borrower’s expense.
(b) Use commercially reasonable efforts to cause (x) maintain a public rating of the Credit Facilities to be continuously rated Term Loan Facility by each of S&P and Xxxxx’x on a public basis, and in the case of the Borrower, (y) use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the BorrowerLead Borrower (it being understood and agreed that “commercially reasonable efforts” shall in any event include the payment by the Lead Borrower of customary rating agency fees and cooperation with information and data requests by Xxxxx’x and S&P in connection with their ratings process).
Appears in 1 contract
Samples: First Amendment and Restatement Agreement (Spectrum Brands, 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 and all requirements of law are made of all material dealings and transactions in relation to its business and activitiesGAAP. Subject to the provisions of Section 9.16, each Each Loan Party will, and will cause each of the Subsidiaries 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 the Borrower or any of the Subsidiaries upon such Person at reasonable prior notice to the Borrower (and, unless a Default or Event of Default shall have occurred times and be continuing, on not more than two occasions during any fiscal year) 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 the Borrower or any of the Subsidiaries such Person with the officers thereof and independent accountants therefor; provided that whether or not a Default or that, excluding any such visits and inspections during the continuation of an Event of Default Default, 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 have occurred and be continuing, not exercise such rights more often than twice during any calendar year at the Borrower shall have the right to participate in all such discussionsLead Borrower’s expense.
(b) Use commercially reasonable efforts to cause the Credit Facilities to be continuously rated (x) maintain a public rating of Term B Loan Facility by each of S&P and Xxxxx’x on a public basis, and in the case of the Borrower, (y) use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the BorrowerLead Borrower (it being understood and agreed that “commercially reasonable efforts” shall in any event include the payment by the Lead Borrower of customary rating agency fees and cooperation with information and data requests by Xxxxx’x and S&P in connection with their ratings process).
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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 and all requirements of law material respects are made of all material dealings and transactions in relation to its business and activitiesactivities which permit financial statements to be prepared in conformity with GAAP and all requirements of law. Subject to the provisions of Section 9.16, each Each Loan Party will, and will cause each of the Subsidiaries its subsidiaries to, permit any representatives designated by the Administrative Agent or any Lender the Required Lenders to visit and inspect the financial records and the properties of the Borrower or any of the Subsidiaries such person at reasonable times and as often as reasonably requested upon reasonable prior notice to the Borrower (and, unless a Default or Event of Default shall have occurred and be continuing, on not more than two occasions during any fiscal year) and to make extracts from and copies of such financial recordsrecords (in each case excluding patient medical records and any other material which is confidential pursuant to any laws, rules, regulations and decrees and orders of any Governmental Authority) and permit any representatives designated by the Administrative Agent or any Lender the Required Lenders to discuss the affairs, finances and condition of the Borrower or any of the Subsidiaries such person with the officers thereof and independent accountants therefortherefor (with a senior officer of the Borrower present); provided that whether or not a Default or that, excluding any such visits and inspections during the continuation of an Event of Default Default, only one such visit during any fiscal year shall have occurred and be continuing, at the Borrower shall have the right to participate in all such discussionsBorrower’s expense.
(b) Use In the case of Parent and the Borrower, use commercially reasonable efforts to cause the Credit Facilities to be continuously rated by S&P and Xxxxx’x on a public basisMxxxx’x, and in the case of the Borrower, use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’xMxxxx’x, in each case in respect of the BorrowerParent.
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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 and all requirements of law are made of all material dealings and transactions in relation to its business and activitiesGAAP. Subject to the provisions of Section 9.16, each Each Loan Party will, and will cause each of the Subsidiaries 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 the Borrower or any of the Subsidiaries upon such Person at reasonable prior notice to the Borrower (and, unless a Default or Event of Default shall have occurred times and be continuing, on not more than two occasions during any fiscal year) 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 the Borrower or any of the Subsidiaries such Person with the officers thereof and independent accountants therefor; provided that whether or not a Default or that, excluding any such visits and inspections during the continuation of an Event of Default Default, 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 have occurred and be continuing, not exercise such rights more often than twice during any calendar year at the Borrower shall have the right to participate in all such discussionsLead Borrower’s expense.
(b) Use commercially reasonable efforts to cause the Credit Facilities to be continuously rated (x) maintain a public rating of Initial Term Loan Facility by each of S&P and Xxxxx’x on a public basis, and in the case of the Borrower, (y) use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the BorrowerLead Borrower (it being understood and agreed that “commercially reasonable efforts” shall in any event include the payment by the Lead Borrower of customary rating agency fees and cooperation with information and data requests by Xxxxx’x and S&P in connection with their ratings process).
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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 and all requirements of law are made of all material dealings and transactions in relation to its business and activitiesGAAP. Subject to the provisions of Section 9.16, each Each Loan Party will, and will cause each of the Subsidiaries 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 the Borrower or any of the Subsidiaries upon such Person at reasonable prior notice to the Borrower (and, unless a Default or Event of Default shall have occurred times and be continuing, on not more than two occasions during any fiscal year) 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 the Borrower or any of the Subsidiaries such Person with the officers thereof and independent accountants therefor; provided that whether or not a Default or that, excluding any such visits and inspections during the continuation of an Event of Default Default, 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 have occurred and be continuing, not exercise such rights more often than twice during any calendar year at the Borrower shall have the right to participate in all such discussionsBorrower’s expense.
(ba) Use In the case of Holdings and the Borrower, use commercially reasonable efforts to cause maintain a public rating of the Credit Facilities to be continuously rated Term Facility by each of S&P and Xxxxx’x on a public basisXxxxx’x, and in the case of the Borrower, use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower.
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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 and all requirements of law are made of all material dealings and transactions in relation to its business and activities. Subject to the provisions of Section 9.16, each Loan Party will, and will cause each of the Subsidiaries to, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of the Borrower or any of the Subsidiaries upon reasonable prior notice to the Borrower (and, unless a Default or Event of Default shall have occurred and be continuing, on not more than two occasions during any fiscal year) 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 the Borrower or any of the Subsidiaries with the officers thereof and independent accountants therefor; provided that whether or not a Default or Event of Default shall have occurred and be continuing, the Borrower shall have the right to participate in all such discussions.
(b) Use commercially reasonable efforts to cause the Credit Facilities Term Facility to be continuously rated by S&P and Xxxxx’x on a public basis, and in the case of the Borrower, use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower.
Appears in 1 contract
Samples: Term Loan Credit Agreement (King Pharmaceuticals Inc)