Common use of Access and Examination; Confidentiality Clause in Contracts

Access and Examination; Confidentiality. (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, have access to, examine, audit, make extracts from or copies of, and inspect any or all of the Borrowers' records, files, and books of account and the Collateral, and discuss the Borrowers' affairs with the Borrowers' officers and senior management. The Borrowers will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the Borrowers. 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 Borrowers' expense, make copies of all of the Borrowers' books and records, or require the Borrowers to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrowers' respective personnel, supplies, and premises 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 (Metals Usa Inc), Loan and Security Agreement (Metals Usa Inc)

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Access and Examination; Confidentiality. (a) The Agent, accompanied by any Lender which so elects, may at all reasonable times during regular business hours, hours (and at any time when a Default or Event of Default exists, ) have access to, examine, audit, make extracts from or copies of, of and inspect any or all of the Borrowers' Borrower's records, files, and books of account and the Collateral, and discuss the Borrowers' Borrower's affairs with the Borrowers' Borrower's officers and senior management. The Borrowers Borrower will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the BorrowersBorrower. 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 Borrowers' Borrower's expense, make copies of all of the Borrowers' Borrower's books and records, or require the Borrowers Borrower to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrowers' Borrower's respective personnel, supplies, and premises 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, 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 (United States Leather Inc /Wi/), Loan and Security Agreement (United States Leather Inc /Wi/)

Access and Examination; Confidentiality. (a) The Agent, accompanied by any Lender which so elects, may at all reasonable times during regular business hours, hours (and at any time when a Default or Event of Default exists, exists and is continuing) have access to, examine, audit, make extracts from or copies of, of and inspect any or all of the BorrowersLoan Parties' records, files, and books of account and the Collateral, and discuss the BorrowersLoan Parties' affairs with the BorrowersLoan Parties' officers and senior management. The Borrowers Loan Parties will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the BorrowersLoan Parties. 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 BorrowersLoan Parties' expense, make copies of all of the BorrowersLoan Parties' books and records, or require the Borrowers Loan Parties to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the BorrowersLoan Parties' respective personnel, supplies, and premises 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, 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 (Parker Drilling Co /De/)

Access and Examination; Confidentiality. (a) The Agent, Agent accompanied by any Lender which so elects, may may, at the Borrowers' expense, at all reasonable times during regular business hours, hours (and at any time when a Default or Event of Default exists, ) have access to, examine, audit, make extracts from or copies of, of and inspect any or all of the Borrowers' records, files, and books of account and the Collateral, and discuss the Borrowers' affairs with the Borrowers' officers and senior management. The Borrowers will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the Borrowers. 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 Borrowers' expense, make copies of all of the Borrowers' books and records, or require the Borrowers to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrowers' respective personnel, supplies, and premises 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, 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 (Mercury Finance Co)

Access and Examination; Confidentiality. (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, have access to, examine, audit, make extracts from or copies of, and inspect any or all of the Borrowers' records, files, and books of account and the Collateral, and discuss the Borrowers' affairs with the Borrowers' officers and senior management. The Borrowers will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the Borrowers. 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 Borrowers' expense, make copies of all of the Borrowers' books and records, or require the Borrowers to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrowers' respective personnel, supplies, and premises 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; PROVIDED, however, in the absence of an Event of Default, LOAN AND SECURITY AGREEMENT - PAGE 65 the Agent agrees that it will not attempt to verify more than ten (10) Accounts each month.

Appears in 1 contract

Samples: Loan and Security Agreement (Metals Usa Inc)

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Access and Examination; Confidentiality. (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, have access to, examine, audit, make extracts from or copies of, and inspect any or all of the Borrowers' Borrower's records, files, and books of account and the Collateral, and discuss the Borrowers' Borrower's affairs with the Borrowers' Borrower's officers and senior management. The Borrowers Borrower will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the BorrowersBorrower. 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 Borrowers' Borrower's expense, make copies of all of the Borrowers' Borrower's books and records, or require the Borrowers Borrower to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrowers' Borrower's respective personnel, supplies, and premises 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 and Security Agreement (Metals Usa Inc)

Access and Examination; Confidentiality. (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, ) have access to, examine, audit, make extracts from or copies of, of and inspect any or all of the Borrowers' Borrower's records, files, and books of account and the Collateral, and discuss the Borrowers' Borrower's affairs with the Borrowers' Borrower's officers and senior management. The Borrowers Borrower will deliver to the Agent any instrument necessary for the Agent to obtain records from any service bureau maintaining records for the BorrowersBorrower. 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 Borrowers' Borrower's expense, make copies of all of the Borrowers' Borrower's books and records, or require the Borrowers Borrower to deliver such copies to the Agent. The Agent may, without expense to the Agent, use such of the Borrowers' Borrower's respective personnel, supplies, and premises 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, 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 (Consolidated Freightways Corp)

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