Common use of Retention of Books and Records Clause in Contracts

Retention of Books and Records. Debtor shall cause all such books and records to be maintained and retained until the date that is the later of ten (10) years after the Closing Date or three (3) years after the date on which the Final Distribution is made. All such books and records shall be available during such period for inspection by the Collateral Agent or the Purchase Money Notes Guarantor or their respective representatives (including any Governmental Authority) and agents at the chief executive office of Debtor at all reasonable times during business hours on any Business Day (or, in the case of any such inspection after the term hereof, at such other location as is provided by notice to the Collateral Agent and the Purchase Money Notes Guarantor), in each instance upon not less than two (2) Business Days’ prior notice to Debtor unless an Event of Default shall have occurred and be continuing. Upon request by the Collateral Agent or the Purchase Money Notes Guarantor, Debtor, at the sole cost and expense of the Collateral Agent or the Purchase Money Notes Guarantor, as the case might be, promptly shall send copies (the number of copies of which shall be reasonable) of such books and records to the Collateral Agent or the Purchase Money Notes Guarantor. Debtor shall provide the Collateral Agent and the Purchase Money Notes Guarantor with reasonable advance notice of Debtor’s intention to destroy or dispose of any documents or files relating to the Underlying Loans and, upon the request of the Collateral Agent or the Purchase Money Notes Guarantor, shall allow such Person, at its own expense, to recover the same from Debtor.

Retention of Books and Records. Debtor shall cause all such books and records to be maintained and retained until the date that is the later of ten (10) years after the Closing Date or three (3) years after the date on which the Final Distribution is made. All such books and records shall be available during such period for inspection by the Collateral Agent or the Purchase Money Notes Guarantor or their respective representatives (including any Governmental Authority) and agents at the chief executive office of Debtor at all reasonable times during business hours on any Business Day (or, in the case of any such inspection after the term hereof, at such other location as is provided by notice to the Collateral Agent and the Purchase Money Notes Guarantor), in each instance upon not less than two (2) Business Days’ prior notice to Debtor unless an Event of Default shall have occurred and be continuing. Upon request by the Collateral Agent or the Purchase Money Notes Guarantor, Debtor, at the sole cost and expense of the Collateral Agent or the Purchase Money Notes Guarantor, as the case might be, promptly shall send copies (the number of copies of which shall be reasonable) of such books and records to the Collateral Agent or the Purchase Money Notes Guarantor. Debtor shall provide the Collateral Agent and the Purchase Money Notes Guarantor with reasonable advance notice of Debtor’s intention to destroy or dispose of any documents or files relating to the Underlying Loans and, upon the request of the Collateral Agent or the Purchase Money Notes Guarantor, shall allow such Person, at its own expense, to recover the same from Debtor.

Retention of Books and Records. The Debtor shall cause all such books and records to be maintained and retained until the date that is the later of ten (10) years after the Closing Date or three (3) years after the date on which the Final Distribution is made. All such books and records shall be available during such period for inspection by the Collateral Agent or the Purchase Money Notes Note Guarantor or their respective representatives (including any Governmental Authority) and agents at the chief executive office of the Debtor at all reasonable times during business hours on any Business Day (or, in the case of any such inspection after the term hereof, at such other location as is provided by notice to the Collateral Agent and the Purchase Money Notes Note Guarantor), in each instance upon not less than two (2) Business Days’ prior notice to the Debtor unless an Event of Default shall have occurred and be continuing. Upon request by the Collateral Agent or the Purchase Money Notes Note Guarantor, the Debtor, at the sole cost and expense of the Collateral Agent or the Purchase Money Notes Note Guarantor, as the case might be, promptly shall send copies (the number of copies of which shall be reasonable) of such books and records to the Collateral Agent or the Purchase Money Notes Note Guarantor. The Debtor shall provide the Collateral Agent and the Purchase Money Notes Note Guarantor with reasonable advance notice of the Debtor’s intention to destroy or dispose of any documents or files relating to the Underlying Mortgage Loans and, upon the request of the Collateral Agent or the Purchase Money Notes Note Guarantor, shall allow such Person, at its own expense, to recover the same from the Debtor.