Common use of Visitation Rights; Field Examination Clause in Contracts

Visitation Rights; Field Examination. During normal business hours and from time to time upon reasonable prior written notice, permit the Postpetition Lender or its representatives (including its financial advisors, appraisers, and independent accountants) to (i) examine and make copies of and abstracts from the records and books of account of the Borrower, and (ii) enter onto the Real Property of the Borrower to conduct field examinations and Collateral inspections, provided that such inspections or examinations do not unreasonably interfere with the Borrower’s use of the Real Property or the operation of the Project, and (iii) discuss the affairs, finances, and accounts of the Borrower with any of the Borrower’s Senior Officers, and the Borrower shall be obligated to reimburse the Postpetition Lender for its reasonable and documented out-of-pocket costs and expenses in connection therewith. Upon the occurrence and during the continuance of an Event of Default or in the event that there are deemed by the Postpetition Lender to be any material inconsistencies and/or material noncompliance with respect to any financial or other reporting on the part of the Borrower, then with respect to any and all visits and inspections described in clauses (i), (ii) and (iii) above deemed necessary or desirable on account of such Event of Default, inconsistency and/or noncompliance, the Borrower shall be required to reimburse the Postpetition Lender for the reasonable and documented out-of-pocket costs and expenses of the Postpetition Lender in connection with such visits or inspections. In addition to the foregoing, at any reasonable time during normal business hours and from time to time as the Postpetition Lender may reasonably request upon reasonable prior written notice, the Borrower also shall permit the Postpetition Lender or representatives thereof, at the expense of the Borrower, to examine and make copies of and abstracts from the records and books of account of, and visit the properties of, the Borrower, and to discuss the affairs, finances and accounts of the Borrower with any of its officers. Nothing set forth in this Section 5.01(b) shall be deemed to limit any of the Postpetition Lender’s rights under the Orders.

Visitation Rights; Field Examination. During normal business hours At any reasonable time and from time to time upon reasonable prior written noticetime, permit the Postpetition Lender or its representatives (including its financial advisorsrepresentatives, appraisers, and independent accountants) to (i) examine and make copies of and abstracts from the records and books of account of the BorrowerBorrower (at Lender’s expense), and (ii) enter onto the Real Property property of the Borrower to conduct unannounced field examinations and Collateral collateral inspections, provided that such inspections or if no Event of Default has occurred and is then continuing Lender shall limit its field examinations do not unreasonably interfere with the Borrower’s use of the Real Property or the operation of the Projectto one (1) per each twelve month period, and (iii) discuss the affairs, finances, and accounts of the Borrower with any of the Borrower’s Senior Officersofficers or directors. Borrower consents to and authorizes Lender to enter onto the property of Borrower for purposes of conducting the examinations, inspections and the Borrower shall be obligated to reimburse the Postpetition Lender for its reasonable and documented out-of-pocket costs and expenses in connection therewithdiscussions provided above. Upon the occurrence and during the continuance occurrence of an Event of Default or in the event that there are deemed by the Postpetition Lender to be any material inconsistencies and/or material noncompliance with respect to any financial or other reporting on the part of the Borrower, then with respect to any and all visits and inspections described in clauses (i), (ii) and (iii) above deemed necessary or desirable on account of such Event of Default, inconsistency and/or noncompliance, the Borrower noncompliance shall be required to reimburse at the Postpetition Lender for the reasonable and documented out-of-pocket costs and expenses expense of the Postpetition Lender in connection with such visits or inspectionsBorrower. In addition to the foregoing, at any reasonable time during normal business hours and from time to time as the Postpetition Lender may reasonably request upon reasonable prior written noticetime, the Borrower also shall permit the Postpetition Lender or representatives thereof, at the expense of the BorrowerLender, to examine and make copies of and abstracts from the records and books of account of, and visit the properties of, the Borrower, and to discuss the affairs, finances and accounts of the Borrower with any of its officers. Nothing set forth in this Section 5.01(b) shall be deemed to limit any of the Postpetition Lender’s rights under the Orders.respective officers or directors;

Visitation Rights; Field Examination. During normal business hours At any reasonable time and from time to time upon reasonable prior written noticetime, permit the Postpetition Lender or its representatives (including its financial advisorsrepresentatives, appraisers, and independent accountants) to (i) examine and make copies of and abstracts from the records and books of account of the BorrowerBorrower and each of its Subsidiaries, and (ii) enter onto the Real Property property of the Borrower and each of its Subsidiaries to conduct unannounced field examinations and Collateral collateral inspections, provided that with such inspections or examinations do not unreasonably interfere with the Borrower’s use of the Real Property or the operation of the Projectfrequency as Lender in its sole discretion may deem appropriate, and (iii) discuss the affairs, finances, and accounts of the Borrower and each of its Subsidiaries with any of the Borrower’s Senior Officersand its Subsidiaries officers or directors. Borrower and any of its Subsidiaries consent to and authorize Lender to enter onto the property of Borrower or any of its Subsidiaries for purposes of conducting the examinations, inspections and the Borrower shall be obligated to reimburse the Postpetition Lender for its reasonable and documented out-of-pocket costs and expenses in connection therewithdiscussions provided above. Upon the occurrence and during the continuance occurrence of an Event of Default or in the event that there are deemed by the Postpetition Lender to be any material inconsistencies and/or material noncompliance with respect to any financial or other reporting on the part of the BorrowerBorrower or any of its Subsidiaries, then with respect to any and all visits and inspections described in clauses (i), (ii) and (iii) above deemed necessary or desirable on account of such Event of Default, inconsistency and/or noncompliance, the Borrower noncompliance shall be required to reimburse at the Postpetition Lender for the reasonable and documented out-of-pocket costs and expenses expense of the Postpetition Lender in connection with such visits or inspectionsBorrower. In addition to the foregoing, at any reasonable time during normal business hours and from time to time as the Postpetition Lender may reasonably request upon reasonable prior written noticetime, the Borrower and its Subsidiaries also shall permit the Postpetition Lender or representatives thereof, at the expense of the BorrowerLender, to examine and make copies of and abstracts from the records and books of account of, and visit the properties of, the BorrowerBorrower or its Subsidiaries, and to discuss the affairs, finances and accounts of the Borrower or its Subsidiaries with any of its officers. Nothing set forth in this Section 5.01(b) shall be deemed to limit any of the Postpetition Lender’s rights under the Orderstheir respective officers or directors.