Common use of Reports by Independent Accountants Clause in Contracts

Reports by Independent Accountants. (a) On or prior to the Closing Date, the Borrower shall appoint one or more firms of independent certified public accountants, independent auditors or independent consultants of recognized international reputation (together with its successors, the “Independent Accountants”) for purposes of reviewing and delivering the reports or certificates of such accountants required by this Agreement, which may be the firm of independent certified public accountants, independent auditors or independent consultants that performs accounting services for the Borrower, the Parent or the Portfolio Manager. The Borrower may remove any firm of Independent Accountants at any time upon notice to, but without the consent of any of, the Lenders and the Collateral Agent. Upon any resignation by such firm or removal of such firm by the Borrower, the Borrower (or the Portfolio Manager) shall promptly appoint by a certificate of a Responsible Officer of the Borrower delivered to the Collateral Agent and the Facility Agent a successor thereto that shall also be a firm of independent certified public accountants, independent auditors or independent consultants of recognized international reputation, which may be a firm of independent certified public accountants, independent auditors or independent consultants that performs accounting services for the Borrower or the Portfolio Manager. If the Borrower shall fail to appoint a successor to the Independent Accountant which has resigned within thirty days after such resignation, the Borrower shall promptly notify the Collateral Agent and the Portfolio Manager of such failure in writing and the Portfolio Manager shall appoint a successor Independent Accountant of recognized international reputation. The fees of such Independent Accountants and any successor shall be payable by the Borrower.

Reports by Independent Accountants. (a) On or prior to the Closing Date, the Borrower shall appoint one or more firms of independent certified public accountants, independent auditors or independent consultants of recognized international reputation (together with its successors, the “Independent Accountants”) for purposes of reviewing and delivering the reports or certificates of such accountants required by this Agreement, which may be the firm of independent certified public accountants, independent auditors or independent consultants that performs accounting services for the Borrower, the Parent Borrower or the Portfolio ManagerCollateral Servicer. The Borrower may remove any firm of Independent Accountants at any time upon notice to, but without the consent of any of, the Lenders and the Collateral AgentLenders. Upon any resignation by such firm or removal of such firm by the Borrower, the Borrower (or the Portfolio ManagerCollateral Servicer on behalf of the Borrower) shall promptly appoint by a certificate of a Responsible Officer of the Borrower delivered to the Collateral Trustee, the Administrative Agent and the Facility Agent Xxxxx’x a successor thereto that shall also be a firm of independent certified public accountants, independent auditors or independent consultants of recognized international reputation, which may be a firm of independent certified public accountants, independent auditors or independent consultants that performs accounting services for the Borrower or the Portfolio ManagerCollateral Servicer. If the Borrower shall fail to appoint a successor to the Independent Accountant which has resigned within thirty days after such resignation, the Borrower shall promptly notify the Collateral Agent Trustee and the Portfolio Manager Administrative Agent of such failure in writing and the Portfolio Manager Administrative Agent shall appoint a successor Independent Accountant of recognized international reputation. The fees of such Independent Accountants and any successor shall be payable by the Borrower.

Reports by Independent Accountants. (a) On or prior to the Closing Date, the Borrower shall appoint one or more firms of independent certified public accountants, independent auditors or independent consultants of recognized international reputation (together with its successors, the “Independent Accountants”) for purposes of reviewing and delivering the reports or certificates of such accountants required by this Agreement, which may be the firm of independent certified public accountants, independent auditors or independent consultants that performs accounting services for the Borrower, the Parent Borrower or the Portfolio Investment Manager. The Borrower may remove any firm of Independent Accountants at any time upon notice to, but without the consent of any of, the Lenders and the Collateral Agent. Upon any resignation by such firm or removal of such firm by the Borrower, the Borrower (or the Portfolio Investment Manager) shall promptly appoint by a certificate of a Responsible Officer of the Borrower delivered to the Collateral Agent and the Facility Agent DBRS a successor thereto that shall also be a firm of independent certified public accountants, independent auditors or independent consultants of recognized international reputation, which may be a firm of independent certified public accountants, independent auditors or independent consultants that performs accounting services for the Borrower or the Portfolio Investment Manager. If the Borrower shall fail to appoint a successor to the Independent Accountant which has resigned within thirty days after such resignation, the Borrower shall promptly notify the Collateral Agent and the Portfolio Investment Manager of such failure in writing and the Portfolio Investment Manager shall appoint a successor Independent Accountant of recognized international reputation. The fees of such Independent Accountants and any successor shall be payable by the Borrower.

Reports by Independent Accountants. (a) On or prior to the Closing Date, the Borrower Issuer (or the Collateral Advisor on behalf of the Issuer) shall appoint one or more firms a firm of independent Independent certified public accountants, independent auditors or independent consultants accountants of recognized international reputation (together with its successors, the “Independent Accountants”) for purposes of reviewing preparing and delivering the reports or certificates of such accountants required by this Agreement, which may be the firm of independent certified public accountants, independent auditors or independent consultants that performs accounting services for the Borrower, the Parent or the Portfolio Manager. The Borrower may remove any firm of Independent Accountants at any time upon notice to, but without the consent of any of, the Lenders and the Collateral Agent. Upon any removal of or resignation by such firm or removal of such firm by the Borrowerfirm, the Borrower Issuer (or the Portfolio ManagerCollateral Advisor on behalf of the Issuer) shall promptly appoint by a certificate of a Responsible Officer of the Borrower Issuer Order delivered to the Collateral Agent Trustee, each Hedge Counterparty and the Facility Agent each Rating Agency, a successor thereto that shall also be a firm of independent Independent certified public accountants, independent auditors or independent consultants accountants of recognized international reputation, which may be a firm of independent certified public accountants, independent auditors or independent consultants that performs accounting services for the Borrower or the Portfolio Manager. If the Borrower Issuer (or the Collateral Advisor on behalf of the Issuer) shall fail to appoint a successor to the a firm of Independent Accountant certified public accountants which has resigned within thirty (30) days after such resignation, the Borrower Issuer (or the Collateral Advisor on behalf of the Issuer ) shall promptly notify each of the Trustee and each Hedge Counterparty of such failure. If the Issuer (or the Collateral Agent and Advisor on behalf of the Portfolio Manager of such failure in writing and Issuer ) shall not have appointed a successor within ten (10) days thereafter, the Portfolio Manager Trustee shall promptly appoint a successor firm of Independent Accountant certified public accountants of recognized international reputation. The fees of such Independent Accountants certified public accountants and any its successor shall be payable by the BorrowerIssuer in accordance with the Priority of Payments. Any engagement letter appointing such Independent certified accountants shall contain appropriate limited recourse and non-petition language as against the Issuer equivalent to that contained in this Agreement.