Common use of Reports by Independent Accountants Clause in Contracts

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation Manager, on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Manager, on behalf of the Issuer, shall promptly appoint, by Issuer Order delivered to the Trustee, a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputation. If the Loan Obligation Manager, on behalf of the Issuer, shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 days after such resignation or removal, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation Manager, on behalf of the Issuer, shall not have appointed a successor within ten days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer as provided in the Priority of Payments.

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation Collateral Manager, on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Collateral Manager, on behalf of the Issuer, shall promptly appoint, by Issuer Order delivered to the Trustee, each Hedge Counterparty and each Rating Agency, a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputation. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 days after such resignation or removal, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall not have appointed a successor within ten 10 days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer or by the Trustee as provided in the Priority of Payments.

Reports by Independent Accountants. (a) On or about As of the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation ManagerIn the event such firm requires the Trustee to agree to the procedures performed by such firm, on behalf the Issuer shall direct the Trustee in writing to so agree; it being understood and agreed that the Trustee will deliver such letter of agreement in conclusive reliance upon the direction of the Issuer, and the Trustee makes no independent inquiry or investigation to, and shall have no obligation or liability in respect of, the right to remove sufficiency, validity or correctness of such firm or any successor firmprocedures. Upon any resignation by or removal of such firm, firm the Loan Obligation Manager, on behalf of Issuer shall provide written notice thereof to the Issuer, Trustee and shall promptly appoint, by Issuer Order delivered to the Trustee, appoint a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputation. If the Loan Obligation Manager, on behalf of the Issuer, Issuer shall fail to appoint a successor to a firm of Independent certified public accountants which that has resigned or been removed, within 30 fifteen (15) days after such resignation or removalresignation, the Issuer Trustee shall promptly notify the Trustee Issuer of such failure in writing. If the Loan Obligation Manager, on behalf of the Issuer, Issuer shall not have appointed a successor within ten (10) days thereafter, thereafter the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation; provided, that the Trustee shall have no liability with respect to such appointment if the Trustee acted with due care with respect thereto. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer as provided in the Priority of PaymentsIssuer.

Reports by Independent Accountants. (a) On or about prior to the Original Closing Date, the Issuer Borrower shall appoint a firm one or more firms of Independent independent certified public accountants accountants, independent auditors or independent consultants of recognized national international reputation (together with its successors, the “Independent Accountants”) for purposes of preparing reviewing and delivering the reports or certificates of such accountants required by this IndentureAgreement, which may be the firm of independent certified public accountants, independent auditors or independent consultants that performs accounting services for the Borrower or the Investment Manager. The Loan Obligation ManagerBorrower may remove any firm of Independent Accountants at any time upon notice to, on behalf but without the consent of any of, the Issuer, shall have Lenders and the right to remove such firm or any successor firmCollateral Agent. Upon any resignation by such firm or removal of such firmfirm by the Borrower, the Loan Obligation Borrower (or the Investment Manager, on behalf ) shall promptly appoint by a certificate of a Responsible Officer of the Issuer, shall promptly appoint, by Issuer Order Borrower delivered to the Trustee, Collateral Agent and DBRS a successor thereto that shall also be a firm of Independent independent certified public accountants accountants, independent auditors or independent consultants of recognized national 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 Investment Manager. If the Loan Obligation Manager, on behalf of the Issuer, Borrower shall fail to appoint a successor to a firm of the Independent certified public accountants Accountant which has resigned or been removed, within 30 thirty days after such resignation or removalresignation, the Issuer Borrower shall promptly notify the Trustee Collateral Agent and the Investment Manager of such failure in writing. If writing and the Loan Obligation Manager, on behalf of the Issuer, Investment Manager shall not have appointed a successor within ten days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants Accountant of recognized national international reputation. The fees of such Independent certified public accountants Accountants and its any successor shall be payable by the Issuer as provided in the Priority of PaymentsBorrower.

Reports by Independent Accountants. (a) On or about As of the Closing Issuance Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation ManagerIn the event such firm requires the Trustee to agree to the procedures performed by such firm, on behalf the Issuer shall direct the Trustee in writing to so agree; it being understood and agreed that the Trustee will deliver such letter of agreement in conclusive reliance upon the direction of the Issuer, and the Trustee makes no independent inquiry or investigation to, and shall have no obligation or liability in respect of, the right to remove sufficiency, validity or correctness of such firm or any successor firmprocedures. Upon any resignation by or removal of such firm, firm the Loan Obligation Manager, on behalf of Issuer shall provide written notice thereof to the Issuer, Trustee and shall promptly appoint, by Issuer Order delivered to the Trustee, appoint a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputation. If the Loan Obligation Manager, on behalf of the Issuer, Issuer shall fail to appoint a successor to a firm of Independent certified public accountants which that has resigned or been removed, within 30 days after such resignation or removalresignation, the Issuer Trustee shall promptly notify the Trustee Issuer of such failure in writing. If the Loan Obligation Manager, on behalf of the Issuer, Issuer shall not have appointed a successor within ten 10 days thereafter, thereafter the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation; provided, however, that the Trustee shall have no liability with respect to such appointment if the Trustee acted with due care with respect thereto. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer as provided in the Priority of PaymentsIssuer.

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation Collateral Manager, on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Collateral Manager, on behalf of the Issuer, shall promptly appoint, by Issuer Order delivered to the Trustee, a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputation. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 days after such resignation or removal, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall not have appointed a successor within ten days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputationreputation and the Collateral Manager shall be responsible for the execution of any engagement letter or agreement as may be required by such firm. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer as provided in the Priority of Payments.

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation Collateral Manager, on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Collateral Manager, on behalf of the Issuer, shall promptly appoint, by Issuer Order delivered to the Trustee, each Hedge Counterparty and each Rating Agency, a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputationreputation and shall provide notice to a designated representative of the Controlling Class. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 days after such resignation or removal, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall not have appointed a successor within ten 10 days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer or by the Trustee as provided in the Priority of Payments.

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation ManagerMajority Equityholder, on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation ManagerMajority Equityholder, on behalf of the Issuer, shall promptly appoint, by Issuer Order delivered to the Trustee, a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputation. If the Loan Obligation ManagerMajority Equityholder, on behalf of the Issuer, shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 days after such resignation or removal, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation ManagerMajority Equityholder, on behalf of the Issuer, shall not have appointed a successor within ten days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer as provided in the Priority of Payments.

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation Collateral Manager, on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Collateral Manager, on behalf of the Issuer, shall promptly appoint, by Issuer Order delivered to the Trustee, each Hedge Counterparty and each Rating Agency, a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputationreputation and shall provide notice to a designated representative of the Controlling Class. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 thirty (30) days after such resignation or removal, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall not have appointed a successor within ten (10) days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer or by the Trustee as provided in the Priority of Payments.

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation Collateral Manager, on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Collateral Manager, on behalf of the Issuer, shall promptly appoint, by Issuer Order delivered to the Trustee, each Hedge Counterparty and each Rating Agency, a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputation. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 days after such resignation or removal, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall not have appointed a successor within ten days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer or by the Trustee as provided in the Priority of Payments.

Reports by Independent Accountants. (a) On Prior to the delivery of any reports or about certificates of accountants pursuant to the Closing Dateterms hereof, the Issuer shall appoint a firm one or more firms of Independent certified public accountants of recognized national international reputation for purposes of preparing reviewing and delivering the reports or certificates of such accountants required by this Indenture, which may be the firm of Independent certified public accountants that performs accounting services for the Issuer or the Collateral Manager. The Loan Obligation ManagerIssuer may remove any firm of Independent certified public accountants at any time without the consent of any Holder of Notes. Upon any resignation by such firm or removal of such firm by the Issuer, the Issuer (or the Collateral Manager on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Manager, on behalf of the Issuer, ) shall promptly appoint, appoint by Issuer Order delivered to the Trustee, Trustee and the Rating Agencies a successor thereto that shall also be a firm of Independent certified public accountants of recognized national international reputation, which may be a firm of Independent certified public accountants that performs accounting services for the Issuer or the Collateral Manager. If the Loan Obligation Manager, on behalf of the Issuer, Issuer shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 days after such resignation or removalresignation, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation Manager, on behalf of the Issuer, Issuer shall not have appointed a successor within ten days thereafter, the Trustee shall promptly notify the Collateral Manager, who shall appoint a successor firm of Independent certified public accountants of recognized national international reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer as provided in the Priority of Paymentsan Administrative Expense.

Reports by Independent Accountants. (a) On or about At the Closing Date, the Issuer shall appoint a firm one or more firms of Independent certified public accountants of recognized national international reputation for purposes of preparing reviewing and delivering the reports or certificates of such accountants required by this Indenture, which may be the firm of Independent certified public accountants that performs accounting services for the Issuer or the Collateral Manager. The Loan Obligation ManagerIssuer may remove any firm of Independent certified public accountants at any time without the consent of any Holder of Debt. Upon any resignation by such firm or removal of such firm by the Issuer, the Issuer (or the Collateral Manager on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Manager, on behalf of the Issuer, ) shall promptly appoint, appoint by Issuer Order delivered to the Trustee, the Collateral Administrator and S&P a successor thereto that shall also be a firm of Independent certified public accountants of recognized national international reputation, which may be a firm of Independent certified public accountants that performs accounting services for the Issuer or the Collateral Manager. If the Loan Obligation Manager, on behalf of the Issuer, Issuer shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 days after such resignation or removalresignation, the Issuer shall promptly notify the Trustee and the Collateral Administrator of such failure in writing. If the Loan Obligation Manager, on behalf of the Issuer, Issuer shall not have appointed a successor within ten days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer as provided in the Priority of Payments.Trustee

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer (or the Collateral Advisor on behalf of the Issuer) shall appoint a firm of Independent certified public accountants of recognized national international reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this IndentureAgreement. The Loan Obligation ManagerUpon any removal of or resignation by such firm, the Issuer (or the Collateral Advisor on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Manager, on behalf of the Issuer, ) shall promptly appoint, appoint by Issuer Order delivered to the Collateral Agent, the Trustee, each Hedge Counterparty and each Rating Agency, a successor thereto that shall also be a firm of Independent certified public accountants of recognized national international reputation. If the Loan Obligation Manager, Issuer (or the Collateral Advisor on behalf of the Issuer, Issuer ) shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 thirty (30) days after such resignation or removalresignation, the Issuer shall promptly notify (or the Trustee of such failure in writing. If the Loan Obligation Manager, Collateral Advisor on behalf of the Issuer, Issuer ) shall promptly notify each of the Trustee and each Hedge Counterparty of such failure. If the Issuer (or the Collateral Advisor on behalf of the Issuer ) shall not have appointed a successor within ten (10) days thereafter, the Trustee Collateral Agent shall promptly appoint a successor firm of Independent certified public accountants of recognized national international reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer as provided 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.

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation Collateral Manager, on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Collateral Manager, on behalf of the Issuer, shall promptly appoint, by Issuer Order delivered to the Trustee, each Hedge Counterparty and each Rating Agency, a successor thereto that 216 shall also be a firm of Independent certified public accountants of recognized national reputationreputation and shall provide notice to a designated representative of the Controlling Class. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 thirty (30) days after such resignation or removal, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall not have appointed a successor within ten (10) days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer as provided a Company Administrative Expense in the Priority of Payments.

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation Collateral Manager, on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Collateral Manager, on behalf of the Issuer, shall promptly appoint, by Issuer Order delivered to the Trustee, each Hedge Counterparty, each Synthetic Asset Counterparty and each Rating Agency, a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputationreputation and shall provide notice to a designated representative of the Controlling Class. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 days after such resignation or removal, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall not have appointed a successor within ten days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer or by the Trustee as provided in the Priority of Payments.

Reports by Independent Accountants. (a) On or about the Closing Date, the Issuer shall appoint a firm of Independent certified public accountants of recognized national reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. The Loan Obligation Collateral Manager, on behalf of the Issuer, shall have the right to remove such firm or any successor firm. Upon any resignation by or removal of such firm, the Loan Obligation Collateral Manager, on behalf of the Issuer, shall promptly appoint, by Issuer Order delivered to the Trustee, each Hedge Counterparty and each Rating Agency, a successor thereto that shall also be a firm of Independent certified public accountants of recognized national reputationreputation and shall provide notice to a designated representative of the Controlling Class. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall fail to appoint a successor to a firm of Independent certified public accountants which has resigned or been removed, within 30 days after such resignation or removal, the Issuer shall promptly notify the Trustee of such failure in writing. If the Loan Obligation Collateral Manager, on behalf of the Issuer, shall not have appointed a successor within ten 10 days thereafter, the Trustee shall promptly appoint a successor firm of Independent certified public accountants of recognized national reputation. The fees of such Independent certified public accountants and its successor shall be payable by the Issuer or by the Trustee on behalf of the Issuer as provided in the Priority of Payments.