Common use of Access and Examination; Confidentiality Clause in Contracts

Access and Examination; Confidentiality. (a) The Co-Agents, accompanied by any Lender which so elects, may, upon reasonable notice, at all reasonable times during regular business hours (and without notice, 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. The Borrower will deliver to the Co-Agents any instrument necessary for the Co-Agents to obtain records from any service bureau maintaining records for the Borrower. The Co-Agents 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 Co- Agents. The Co-Agents may, without expense to the Co-Agents, use such of the Borrower's respective personnel, supplies, and Real Estate as may be reasonably necessary for maintaining or enforcing the Administrative Agent's Liens. The Administrative Agent shall have the right, at any time, in the Administrative Agent's name or in the name of a nominee of the Administrative 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 (Good Guys Inc)

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Access and Examination; Confidentiality. (a) The Co-AgentsAgent, accompanied --------------------------------------- by any Lender which so elects, may, upon reasonable notice, may at all reasonable times during regular business hours (and without notice, upon at least two Business Day's advance notice to ABT(and at any time and without notice 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 any Borrower's affairs with the such Borrower's officers and management. The Each Borrower will deliver to the Co-Agents Agent any instrument necessary for the Co-Agents Agent to obtain records from any service bureau maintaining records for the Borrower. The Co-Agents 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 Borrowers' expense, make copies of all of the Borrower's Borrowers' books and records, or require the each Borrower to deliver such copies to the Co- AgentsAgent. The Co-Agents Agent may, without expense to the Co-AgentsAgent, use such of the Borrower's Borrowers' respective personnel, supplies, and Real Estate premises as may be reasonably necessary for maintaining or enforcing the Administrative Agent's Liens. The Administrative Agent shall have the right, at any time, in the Administrative Agent's name or in the name of a nominee of the Administrative 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 (Agribiotech Inc)

Access and Examination; Confidentiality. (a) The Co-AgentsAgent, accompanied ---------------------------------------- by any Lender which so elects, may, upon reasonable notice, may at all reasonable times on reasonable notice during regular business hours (and without notice, 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 each Borrower's records, files, and books of account and the Collateral, and discuss the each Borrower's affairs with the such Borrower's officers and management. The Each Borrower will deliver to the Co-Agents Agent any instrument necessary for the Co-Agents Agent to obtain records from any service bureau maintaining records for the such Borrower. The Co-Agents 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 Borrowers' expense, make copies of all of the Borrower's Borrowers' books and records, or require the Borrower Borrowers to deliver such copies to the Co- AgentsAgent. The Co-Agents Agent may, without expense to the Co-AgentsAgent, use such of the Borrower's Borrowers' respective personnel, supplies, and Real Estate as may be reasonably necessary for maintaining or enforcing the Administrative Agent's Liens. The Administrative Agent shall have the right, at any time, in the Administrative Agent's name or in the name of a nominee of the Administrative 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 (Envirosource Inc)

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Access and Examination; Confidentiality. (a) The Co-Agents, accompanied by any Lender which so elects, may, upon reasonable notice, may at all reasonable times during regular business hours (and without notice, at any time when a Default or Event of Default exists and is continuingexists) have access to, examine, audit, make extracts from or copies of and inspect any or all of the Borrower's records, files, books and books of account and the Collateral, records and discuss the Borrower's affairs with the Borrower's officers and managementmanagement and independent public accountants (and by this provision the Borrower hereby authorizes said accountants to discuss with the Lender the finances and affairs of the Borrower and each of its subsidiaries). The Borrower will deliver to the Co-Agents Lender any instrument necessary for the Co-Agents Lender to obtain records from any service bureau maintaining records for the Borrower. The Co-Agents Lender 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 Co- AgentsLender. The Co-Agents Lender may, without expense to the Co-AgentsLender, use such of the Borrower's respective personnel, supplies, and Real Estate premises as may be reasonably necessary for maintaining or enforcing the Administrative AgentLender's LiensLiens in the Collateral. The Administrative Agent Lender shall have the right, at any time, in the Administrative AgentLender's name or in the name of a nominee of the Administrative AgentLender, to verify the validity, amount or any other matter relating to the Accounts, InventoryContracts, or other Collateral, by mail, telephone, or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (TFC Enterprises Inc)

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