Common use of Access and Examination; Confidentiality; Consent to Advertising Clause in Contracts

Access and Examination; Confidentiality; Consent to Advertising. (a) The Agent, accompanied by any Lender which so elects, may at all reasonable times during regular business hours (and at any time when a Default or Event of Default exists and is continuing) have access to, examine, audit, make extracts from or copies of and inspect any or all of the Borrower’s records, files, and books of account and the Collateral, and discuss the Borrower’s affairs with the Borrower’s officers and management. Such examination, audit and inspection may be conducted by the Agent at least twice per calendar year or more often as determined by Agent in Agent’s reasonable discretion. The Borrower will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the Borrower. The Agent may, and at the direction of the Majority Lenders shall, at any time when a Default or Event of Default exists, and at the Borrower’s expense, make copies of all of the Borrower’s books and records, or require the Borrower to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrower’s respective personnel, supplies, and Real Estate as may be reasonably necessary for maintaining or enforcing the Agent’s Liens. The Agent shall have the right, at any time, in the Agent’s name or in the name of a nominee of the Agent, to verify the validity, amount or any other matter relating to the Accounts, Inventory, or other Collateral, by mail, telephone, or otherwise.

Appears in 4 contracts

Samples: Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)

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Access and Examination; Confidentiality; Consent to Advertising. (a) The Agent, accompanied by any Lender which so elects, may at all reasonable times during regular business hours (and at any time when a Default or Event of Default exists and is continuing) have access to, examine, audit, make extracts from or copies of and inspect any or all of the Borrower’s records, files, and books of account and the Collateral, and discuss the Borrower’s affairs with the Borrower’s officers and management. Such examination, audit and inspection may shall be conducted by the Agent at least twice once per calendar year or more often as determined by Agent in Agent’s reasonable discretionyear. The Borrower will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the Borrower. The Agent may, and at the direction of the Majority Lenders shall, at any time when a Default or Event of Default exists, and at the Borrower’s expense, make copies of all of the Borrower’s books and records, or require the Borrower to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrower’s respective personnel, supplies, and Real Estate as may be reasonably necessary for maintaining or enforcing the Agent’s Liens. The Agent shall have the right, at any time, in the Agent’s name or in the name of a nominee of the Agent, to verify the validity, amount or any other matter relating to the Accounts, Inventory, or other Collateral, by mail, telephone, or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Nicholas Financial Inc), Loan and Security Agreement (Nicholas Financial Inc)

Access and Examination; Confidentiality; Consent to Advertising. (a) The Agent, accompanied by any Lender which so elects, may at all reasonable times during regular business hours (and at any time when a Default or Event of Default exists and is continuing) have access to, examine, audit, make extracts from or copies of and inspect any or all of the Borrower’s records, files, and books of account and the Collateral, and discuss the Borrower’s affairs with the Borrower’s officers and management. Such examination, audit and inspection may shallmay be conducted by the Agent at least twice oncetwice per calendar year or more often as determined by Agent in Agent’s reasonable discretion. The Borrower will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the Borrower. The Agent may, and at the direction of the Majority Lenders shall, at any time when a Default or Event of Default exists, and at the Borrower’s expense, make copies of all of the Borrower’s books and records, or require the Borrower to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrower’s respective personnel, supplies, and Real Estate as may be reasonably necessary for maintaining or enforcing the Agent’s Liens. The Agent shall have the right, at any time, in the Agent’s name or in the name of a nominee of the Agent, to verify the validity, amount or any other matter relating to the Accounts, Inventory, or other Collateral, by mail, telephone, or otherwise.

Appears in 1 contract

Samples: Loan Agreement (Nicholas Financial Inc)

Access and Examination; Confidentiality; Consent to Advertising. (a) The Agent, accompanied by any Lender which so elects, may at all reasonable times during regular business hours (and at any time when a Default or Event of Default exists and is continuing) have reasonable access to, examine, audit, make extracts from or copies of and inspect any or all of the Borrower’s 's and each Guarantor's records, files, and books of account and the Collateral, and discuss the Borrower’s 's and each Guarantor's affairs with the Borrower’s 's and such Guarantor's officers and management. Such examination, audit and inspection may be conducted by the Agent at least twice per calendar year or more often as determined by Agent in Agent’s reasonable discretion. The Borrower and each Guarantor will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the BorrowerBorrower or such Guarantor. The Agent may, and at the direction of the Majority Lenders shall, at any time when a Default or Event of Default exists, and at the Borrower’s 's and the Guarantor's expense, make copies of all of the Borrower’s 's and each Guarantor's books and records, or require the Borrower or the applicable Guarantor to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrower’s 's and each Guarantor's respective personnel, supplies, and Real Estate as may be reasonably necessary for maintaining or enforcing the Agent’s 's Liens. The Agent shall have the right, at any time, in the Agent’s 's name or in the name of a nominee of the Agent, to verify the validity, amount or any other matter relating to the Accounts, Inventory, or other Collateral, by mail, telephone, or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Fruit of the Loom LTD)

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Access and Examination; Confidentiality; Consent to Advertising. (a) The Agent, accompanied by any Lender which so elects, may at all reasonable times during regular business hours (and at any time when a Default or Event of Default exists and is continuing) have access to, examine, audit, make extracts from or copies of and inspect any or all of the Borrower’s 's records, files, and books of account and the Collateral, and discuss the Borrower’s 's affairs with the Borrower’s 's officers and management. Such examination, audit and inspection may be conducted by the Agent at least twice per calendar year or more often as determined by Agent in Agent’s reasonable discretion. The Borrower will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the Borrower. The Agent may, and at the direction of the Majority Lenders shall, at any time when a Default or Event of Default exists, and at the Borrower’s 's expense, make copies of all of the Borrower’s 's books and records, or require the Borrower to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrower’s 's respective personnel, supplies, and Real Estate as may be reasonably necessary for maintaining or enforcing the Agent’s 's Liens. The Agent shall have the right, at any time, in the Agent’s 's name or in the name of a nominee of the Agent, to verify the validity, amount or any other matter relating to the Accounts, Inventory, or other Collateral, by mail, telephone, or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Nicholas Financial Inc)

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