Common use of Visitation and Inspection Clause in Contracts

Visitation and Inspection. The Borrowers will, and will cause each of their Subsidiaries to, permit any representative of the Administrative Agent or any Lender to visit and inspect its properties, to examine its books and records and to make copies and take extracts therefrom, and to discuss its affairs, finances and accounts with any of its officers and with its independent certified public accountants, all at such reasonable times during normal operating hours and as often as the Administrative Agent or any Lender may reasonably request after reasonable prior notice to the Borrower Representative; provided that (i) only visits and inspections up to three (3) times per calendar year by the Administrative Agent will be at the expense of the Borrowers unless an Event of Default shall have occurred and be continuing and (ii) if an Event of Default has occurred and is continuing, no prior notice shall be required. The Administrative Agent and its representatives and independent contractors shall use commercially reasonable efforts to avoid interruption of the normal business operations of the Borrower and its Subsidiaries. The Administrative Agent and the Lenders shall give the Borrower Representative the opportunity to participate in any discussions with the independent public accountants of the Borrowers and their respective Subsidiaries. Notwithstanding anything to the contrary in this Section 5.7, neither of the Borrowers nor any of their respective Subsidiaries will be required to disclose, permit the inspection, examination or making copies or abstracts of, or discussion of, any document, information or other matter that (i) in respect of which disclosure to the Administrative Agent or any Lender (or their respective representatives or contractors) is prohibited by Law or any binding agreement or (ii) is subject to attorney-client or similar privilege or constitutes attorney work product.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Fox Factory Holding Corp), Revolving Credit Agreement (Fox Factory Holding Corp), Revolving Credit Agreement (Fox Factory Holding Corp)

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Visitation and Inspection. The Borrowers Borrower will, and will cause each of their its Subsidiaries to, permit any representative of the Administrative Agent or any Lender to visit and inspect its properties, to examine its books and records and to make copies and take extracts therefrom, and to discuss its affairs, finances and accounts with any of its officers and with its independent certified public accountants, all at such reasonable times during normal operating hours and as often as the Administrative Agent or any Lender may reasonably request after reasonable prior notice to the Borrower RepresentativeBorrower; provided that (i) only visits one visit and inspections up to three (3) times one inspection per calendar year by the Administrative Agent will be at the expense of the Borrowers Borrower unless an Event of Default shall have occurred and be continuing and (ii) if an Event of Default has occurred and is continuing, no prior notice shall be required. The Administrative Agent and its representatives and independent contractors shall use commercially reasonable efforts to avoid interruption of the normal business operations of the Borrower and its Subsidiaries. The Administrative Agent and the Lenders shall give the Borrower Representative the opportunity to participate in any discussions with the independent public accountants of the Borrowers Borrower and their its respective Subsidiaries. Notwithstanding anything to the contrary in this Section 5.76.07, neither of the Borrowers Borrower nor any of their respective its Subsidiaries will be required to disclose, permit the inspection, examination or making copies or abstracts of, or discussion of, any document, information or other matter that (i) in respect of which disclosure to the Administrative Agent or any Lender (or their respective representatives or contractors) is prohibited by Law or any binding agreement or (ii) is subject to attorney-client or similar privilege or constitutes attorney work product.

Appears in 2 contracts

Samples: Credit Agreement (Fox Factory Holding Corp), Credit Agreement (Fox Factory Holding Corp)

Visitation and Inspection. The Borrowers Borrower will, and will cause each of their its Subsidiaries to, permit any representative of the Administrative Agent or any Lender to visit and inspect its properties, to examine its books and records and to make copies and take extracts therefrom, and to discuss its affairs, finances and accounts with any of its officers and with its independent certified public accountants, all at such reasonable times during normal operating hours and as often as the Administrative Agent or any Lender may reasonably request after reasonable prior notice to the Borrower RepresentativeBorrower; provided that (i) only visits and inspections up to three (3) times per calendar year by the Administrative Agent (of which the Lenders will be provided reasonable advance notice and an opportunity to participate) will be at the expense of the Borrowers Borrower unless an Event of Default shall have occurred and be continuing and (ii) if an Event of Default has occurred and is continuing, no prior notice shall be required. The Administrative Agent and its representatives and independent contractors shall use commercially reasonable efforts to avoid interruption of the normal business operations of the Borrower and its Subsidiaries. The Administrative Agent and the Lenders shall give the Borrower Representative the opportunity to participate in any discussions with the independent public accountants of the Borrowers Borrower and their its respective Subsidiaries. Notwithstanding anything to the contrary in this Section 5.76.07, neither of the Borrowers Borrower nor any of their respective its Subsidiaries will be required to disclose, permit the inspection, examination or making copies or abstracts of, or discussion of, any document, information or other matter that (i) in respect of which disclosure to the Administrative Agent or any Lender (or their respective representatives or contractors) is prohibited by Law or any binding agreement or (ii) is subject to attorney-client or similar privilege or constitutes attorney work product.

Appears in 1 contract

Samples: Credit Agreement (Fox Factory Holding Corp)

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Visitation and Inspection. The Borrowers Borrower will, and will cause each of their its Subsidiaries to, permit any representative of the Administrative Agent or any Lender to visit and inspect its properties, to examine its books and records and to make copies and take extracts therefrom, and to discuss its affairs, finances and accounts with any of its officers and with its independent certified public accountants, all at such reasonable times during normal operating hours and as often as the Administrative Agent or any Lender may reasonably request after reasonable prior notice to the Borrower RepresentativeBorrower; provided that (i) only visits and inspections up to three (3) times per calendar year by the Administrative Agent will be at the expense of the Borrowers Borrower unless an Event of Default shall have occurred and be continuing and (ii) if an Event of Default has occurred and is continuing, no prior notice shall be required. The Administrative Agent and its representatives and independent contractors shall use commercially reasonable efforts to avoid interruption of the normal business operations of the Borrower and its Subsidiaries. The Administrative Agent and the Lenders shall give the Borrower Representative the opportunity to participate in any discussions with the independent public accountants of the Borrowers Borrower and their its respective Subsidiaries. Notwithstanding anything to the contrary in this Section 5.76.07, neither of the Borrowers Borrower nor any of their respective its Subsidiaries will be required to disclose, permit the inspection, examination or making copies or abstracts of, or discussion of, any document, information or other matter that (i) in respect of which disclosure to the Administrative Agent or any Lender (or their respective representatives or contractors) is prohibited by Law or any binding agreement or (ii) is subject to attorney-client or similar privilege or constitutes attorney work product.

Appears in 1 contract

Samples: Credit Agreement (Fox Factory Holding Corp)

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