Turnaround Consultant. Borrower shall retain a turnaround consultant satisfactory to the Majority Lenders, under an acceptable scope of work, such turnaround consultant to be retained by Borrower within twenty-one (21) days after the Agent shall have approved the applicable scope of work. The Agent and the Lenders will be provided access to all consultant generated information and reports and the applicable consultant shall report on a semi-monthly basis to Borrower, with a copy to the Agent and each Lender.
Turnaround Consultant. On or before May 31, 2001, Borrower shall retain a consultant acceptable to Lender on terms acceptable to Lender as to matters specified by Lender, including, but not limited to, the evaluation of Borrower and the formulation of a strategy for enhancing the business performance of Borrower.”
Turnaround Consultant. The Borrower shall continue to retain High Ridge Partners or such other third party consulting firm as is satisfactory to the Banks to assist in the conduct of the Borrower's business and the Borrower shall take reasonable steps to assure that representatives of such firm are available for discussions with the Banks regarding the Borrower's financial condition and prospects (whether or not any member of the Borrower is present).
Turnaround Consultant. On or before April 30, 2001, the Company shall engage a "turnaround" consultant to review, prepare and analyze (as applicable) the Company's financial condition, on a consolidated basis, including, without limitation, the Company's going concern and break-up values, the Company's operating, cash flow and capital budgets and the Company's management of working capital. The consultant shall also prepare "hold/merge/liquidate" recommendations for each business location concerning the Company operations. All reports prepared by the consultant for the Company shall also be simultaneously delivered by the consultant to the Administrative Agent and to each of the Banks, and the Administrative Agent and to each of the Banks shall have the right to discuss such reports directly with the consultant. The consultant shall be selected and paid by the Company; provided, however, that the Administrative Agent and each of the Banks shall have the right to approve the consultant selected by the Company and the scope and cost of the engagement. Attached hereto as SCHEDULE 4.23 is nonexclusive list of approved consultants.
Turnaround Consultant. Borrower agrees that, at Lender's option, it will either retain a turnaround consultant or company satisfactory to Lender in its sole discretion or permit access to Borrower's business, operations, and management to Lender or its representatives as requested by Lender. Conditions Precedent. Effectiveness of this Agreement is subject to satisfaction of the following conditions:
Turnaround Consultant. Borrower agrees that it will retain a turnaround consultant acceptable to Lender on terms and conditions satisfactory to Lender on or before November 5, 2001.
Turnaround Consultant. On or before January 31, 2006, Borrowers shall hire a turnaround consultant acceptable to the Agent in the Agent's sole and absolute discretion.
Turnaround Consultant. Upon the occurrence of a further Event of Default under the Loan Agreement (other than the Known Defaults), Borrowers shall promptly engage a turnaround consultant reasonably acceptable to Agent whose scope of services to Borrowers shall also be reasonably acceptable to Agent.
Turnaround Consultant. Within 45 days after the Closing Date, the Borrower will engage, for its own account, an independent turnaround consultant with extensive experience and a good reputation in the turnaround consulting industry. The scope of such turnaround consultant's engagement shall be sufficiently broad to enable the turnaround consultant to actively assist the Borrower with the implementation and execution of its business plan.
Turnaround Consultant. Borrower shall at all times retain a turnaround consultant satisfactory to the Majority Lenders, under an acceptable scope of work. The Agent and the Lenders will be provided access to all consultant generated information and reports and the applicable consultant shall report on a semi-monthly basis to Borrower, with a copy to the Agent and each Lender.
