Common use of Notice of Milestone Achievement and Audit Clause in Contracts

Notice of Milestone Achievement and Audit. Borrower shall have delivered to the Administrative Agent a notice certifying satisfaction of the condition precedent set forth in Section 6.04(b). If the Administrative Agent notifies Borrower, within five Business Days of receipt of such notice, that Xxxxxxx intend to conduct an audit of Net Revenue to confirm satisfaction of such condition precedent, Majority Lenders may appoint a regionally or nationally recognized independent accounting firm of good standing, to conduct such audit (at Borrower’s sole expense). Borrower will, and will cause its Subsidiaries and Affiliates to, use their best efforts to cooperate with such auditors in performing such audit, including without limitation by permitting such auditors to examine and make extracts from its books and records, and to discuss its finances with its officers and independent accountants. The results of such an audit will be conclusive absent manifest error.

Notice of Milestone Achievement and Audit. Borrower shall have delivered to the Administrative Agent a notice certifying satisfaction of the condition precedent set forth in Section 6.04(b6.02(b). If the Administrative Agent notifies Borrower, within five Business Days of receipt of such notice, that Xxxxxxx intend to conduct an audit of Net Revenue to confirm satisfaction of such condition precedent, Majority Lenders may appoint a regionally or nationally recognized independent accounting firm of good standing, to conduct such audit (at Borrower’s sole expense). Borrower will, and will cause its Subsidiaries and Affiliates to, use their best efforts to cooperate with such auditors in performing such audit, including without limitation by permitting such auditors to examine and make extracts from its books and records, and to discuss its finances with its officers and independent accountants. The results of such an audit will be conclusive absent manifest error.

Notice of Milestone Achievement and Audit. Borrower shall have delivered to the Administrative Agent a notice certifying satisfaction of the condition precedent set forth in Section 6.04(b6.02(b). If the Administrative Agent notifies Borrower, within five Business Days of receipt of such notice, that Xxxxxxx Lenders intend to conduct an audit of Net Revenue to confirm satisfaction of such condition precedent, Majority Lenders may appoint a regionally or nationally recognized independent accounting firm of good standing, to conduct such audit (at Borrower’s sole expense). Borrower will, and will cause its Subsidiaries and Affiliates to, use their best efforts to cooperate with such auditors in performing such audit, including without limitation by permitting such auditors to examine and make extracts from its books and records, and to discuss its finances with its officers and independent accountants. The results of such an audit will be conclusive absent manifest error.

Notice of Milestone Achievement and Audit. Borrower shall have delivered to the Administrative Agent a notice certifying satisfaction of the condition precedent set forth in Section 6.04(b)6.02(c) no later than 45 days thereafter. If the Administrative Agent notifies Borrower, within five Business Days of receipt of such notice, that Xxxxxxx Lenders intend to conduct an audit of Net Revenue to confirm satisfaction of such condition precedentcondition, Majority Lenders may appoint a regionally or nationally recognized independent accounting firm of good standing, to conduct such audit (at Borrower’s sole expense). Borrower will, and will cause its Subsidiaries and Affiliates to, use their best efforts to cooperate with such auditors in performing such audit, including without limitation by permitting such auditors to examine and make extracts from its books and records, and to discuss its finances with its officers and independent accountants. The results of such an audit will be conclusive absent manifest error.”

Notice of Milestone Achievement and Audit. Borrower shall have delivered to the Administrative Agent a notice certifying satisfaction of the condition precedent set forth in Section 6.04(b). If the Administrative Agent notifies Borrower, within five Business Days of receipt of such notice, that Xxxxxxx Lenders intend to conduct an audit of Net Revenue to confirm satisfaction of such condition precedent, Majority Lenders may appoint a regionally or nationally recognized independent accounting firm of good standing, to conduct such audit (at Borrower’s sole expense). Borrower will, and will cause its Subsidiaries and Affiliates to, use their best efforts to cooperate with such auditors in performing such audit, including without limitation by permitting such auditors to examine and make extracts from its books and records, and to discuss its finances with its officers and independent accountants. The results of such an audit will be conclusive absent manifest error.