Common use of Records and Accounts Clause in Contracts

Records and Accounts. The Borrower will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s (or any successor firm’s) engagement as the independent certified public accountants of the Parent and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 4 contracts

Samples: Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD), Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD), Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

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Records and Accounts. The Borrower will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers Ernst & Young LLP or other independent certified public accountants reasonably satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrower and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s (or any successor firm’s) engagement as the independent certified public accountants of the Parent Borrower and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Operating Co)

Records and Accounts. The Each Borrower will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s (or any successor firm’s) engagement as the independent certified public accountants of the Parent and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Montpelier Re Holdings LTD), Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD), Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

Records and Accounts. The Borrower will (a) keep, and cause each of its Subsidiaries to keep, true and accurate keep proper records and books of account in which full, true and correct entries in all materials respects will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers Ernst & Young, LLP or other independent certified public accountants reasonably satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrower and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s (or any successor firm’s) engagement as the independent certified public accountants of the Parent Borrower and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative AgentAgent and each Lender.

Appears in 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (Seacastle Inc.)

Records and Accounts. The Borrower will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers Ernst & Young LLP or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrower and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s (or any successor firm’s) engagement as the independent certified public accountants of the Parent Borrower and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Pershing Square Capital Management, L.P.), Senior Secured Credit Agreement (Borders Group Inc)

Records and Accounts. The Borrower Each of the Borrowers will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers Ernst & Young LLP or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s (or any successor firm’s) engagement as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Borders Group Inc), Term Loan Agreement (Borders Group Inc)

Records and Accounts. The Borrower will (ai) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAPgenerally accepted accounting principles, (bii) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (ciii) at all times engage PricewaterhouseCoopers Ernst & Young LLP or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrower and its Subsidiaries (on a consolidated basis) and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent Borrower and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 2 contracts

Samples: Multicurrency Revolving Credit Agreement (Rogers Corp), Multicurrency Revolving Credit Agreement (Rogers Corp)

Records and Accounts. The Borrower will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers Xxxxxx Xxxxxxxx LLP or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrower and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent Borrower and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)

Records and Accounts. The Borrower Each of the Obligors will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAPgenerally accepted accounting principles, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers Ernst & Young or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Obligors and its their Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent Obligors and its their Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Morgan Group Inc)

Records and Accounts. The Borrower Each of the Borrowers will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers or other independent certified public accountants reasonably satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s (or any successor firm’s) engagement as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

Records and Accounts. The Borrower Borrowers will (a) keep, and cause each of its their Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers KPMG LLP or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s (or any successor firm’s) engagement as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Fao Inc)

Records and Accounts. The Borrower will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrower and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent Borrower and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

Records and Accounts. The Borrower will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers Deloitte & Touche LLP or any other independent certified public accountants satisfactory to the Administrative Agent nationally recognized accounting firm as the independent certified public accountants of the Parent Borrower and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s (or any successor firm’s) engagement as the independent certified public accountants of the Parent Borrower and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Yankee Candle Co Inc)

Records and Accounts. The Borrower Each of the Borrowers will (a) keep, and cause each of its Subsidiaries to keep, keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAPGAAP and with the requirements of all regulatory authorities, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiariesproperties, all other contingencies, and all other reserves, proper reserves and (c) at all times engage PricewaterhouseCoopers Pricewaterhouse Coopers LLP or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Casella Waste Systems Inc)

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Records and Accounts. The Borrower Parent will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers KPMG Peat Marwick or other independent certified public accountants reasonably satisfactory to the Administrative Agent as the independent certified public accountants of the Parent and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watts Industries Inc)

Records and Accounts. The Borrower will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers Deloitte & Touche LLP or any other independent certified public accountants satisfactory to the Administrative Agent nationally recognized accounting firm as the independent certified public accountants of the Parent Borrower and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent Borrower and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Yankee Candle Co Inc)

Records and Accounts. The Borrower Borrowers will (a) keep, and cause each of its their Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers Deloitte & Touche LLP or other independent certified public accountants satisfactory to the Administrative Agent Agents as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative AgentAgents.

Appears in 1 contract

Samples: Revolving Credit, Tranche B Loan and Security Agreement (Mayors Jewelers Inc/De)

Records and Accounts. The Borrower Borrowers will (ai) keep, and cause each of its their Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (bii) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its their properties and the properties of its their Subsidiaries, contingencies, and other reserves, and (ciii) at all times engage PricewaterhouseCoopers Deloitte & Touche or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Century Aluminum Co)

Records and Accounts. The Borrower will (ai) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (bii) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (ciii) at all times engage PricewaterhouseCoopers or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrower and its Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent Borrower and its Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Tosco Corp)

Records and Accounts. The Borrower Borrowers will (a) keep, and cause each of its their Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers Deloitte & Touche LLP or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit, Tranche B Loan and Security Agreement (Mayors Jewelers Inc/De)

Records and Accounts. The Borrower Borrowers will (ai) keep, and cause each of its their Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (bii) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (ciii) at all times engage PricewaterhouseCoopers Deloitte & Touche or other independent certified public accountants satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s 's (or any successor firm’s's) engagement as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Century Aluminum Co)

Records and Accounts. The Borrower Each of the Loan Parties will (a) keep, and cause each of its Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP, (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves, and (c) at all times engage PricewaterhouseCoopers or other independent certified public accountants reasonably satisfactory to the Administrative Agent as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and will not permit more than thirty (30) days to elapse between the cessation of such firm’s (or any successor firm’s) engagement as the independent certified public accountants of the Parent Borrowers and its their Subsidiaries and the appointment in such capacity of a successor firm as shall be satisfactory to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Crystal Rock Holdings, Inc.)

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