Common use of Access to Certain Documentation and Information Regarding the Loans Clause in Contracts

Access to Certain Documentation and Information Regarding the Loans. The Borrower, the Servicer or the Trustee, as applicable, shall provide to the Agent access to the Loan Documents and all other documentation regarding the Loans included as part of the Collateral and the Related Property in such cases where the Agent is required in connection with the enforcement of the rights or interests of the Conduit Lender, or by applicable statutes or regulations, to review such documentation, such access being afforded without charge but only (i) upon two Business Days’ prior written request, (ii) during normal business hours and (iii) subject to the Servicer’s and the Trustee’s normal security and confidentiality procedures. From and after the Closing Date and periodically thereafter at the discretion of the Agent, the Agent or their respective agents may review the Borrower’s and the Servicer’s collection and administration of the Loans in order to assess compliance by the Servicer with the Servicer’s written policies and procedures, as well as with this Agreement and may conduct an audit of the Loans, Loan Documents and Records in conjunction with such a review. Such review shall be reasonable in scope and shall be completed in a reasonable period of time. The Borrower shall bear the cost of such audits; provided, however that prior to the date on which a Termination Event shall have occurred and be continuing, the Borrower shall not be required to bear the cost of more than one audit in any 12-month period.

Appears in 2 contracts

Samples: Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.)

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Access to Certain Documentation and Information Regarding the Loans. The Borrower, the Servicer or the Trustee, as applicable, shall provide to the Agent and each Lender access to the Loan Documents and all other documentation regarding the Loans included as part of the Collateral and the Related Property in such cases where the Agent or such Lender is required in connection with the enforcement of the rights or interests of the Conduit LenderLenders, or by applicable statutes or regulations, to review such documentation, such access being afforded without charge (in respect of the Borrower or the initial Servicer) but only (i) upon two Business Days’ prior written request, (ii) during normal business hours and (iii) subject to the Servicer’s and the Trustee’s normal security and confidentiality procedures. From and after the Closing Date and periodically thereafter at the discretion of the Agent and each Lender, the Agent, the Agent each Lender or their respective agents may review the Borrower’s and the Servicer’s collection and administration of the Loans in order to assess compliance by the Servicer with the Servicer’s written policies and procedures, as well as with this Agreement and may conduct an audit of the Loans, Loan Documents and Records in conjunction with such a review. Such review shall be reasonable in scope and shall be completed in a reasonable period of time. The Borrower shall bear the cost of such audits; provided, however provided that prior to the date on which a Termination Event shall have occurred and be continuing, the Borrower shall not be required to bear the cost of more than one audit in any 12-month period.

Appears in 2 contracts

Samples: Loan Funding and Servicing Agreement (Kohlberg Capital CORP), Loan Funding and Servicing Agreement (Kohlberg Capital CORP)

Access to Certain Documentation and Information Regarding the Loans. The Borrower, the Servicer Borrower or the TrusteeServicer, or the Collateral Custodian, as applicable, shall provide to the Deal Agent access to the Loan Documents and all other documentation regarding the Loans included as part of the Collateral and the Related Property in such cases where the Deal Agent is required in connection with the enforcement of the rights or interests of the Conduit LenderLenders, or by applicable statutes or regulations, to review such documentation, such access being afforded without charge but only (i) upon two Business Days’ business days' prior written request, (ii) during normal business hours and (iii) subject to the Servicer’s and the Trustee’s 's normal security and confidentiality procedures. From and after the Closing Date and periodically thereafter at the discretion of the Deal Agent, the Deal Agent or their respective agents may review the Borrower’s 's and the Servicer’s 's collection and administration of the Loans in order to assess compliance by the Servicer with the Servicer’s 's written policies and procedures, as well as with this Agreement and may conduct an audit of the Loans, Loan Documents and Records in conjunction with such a review. Such review shall be reasonable in scope and shall be completed in a reasonable period of time. The Borrower shall bear the cost of such audits; provided, however that prior to the date on which a Termination Event shall have occurred and be continuing, the Borrower shall not be required to bear the cost of more than one audit in any 12-month period.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Access to Certain Documentation and Information Regarding the Loans. The Borrower, the Servicer or the TrusteeCollateral Custodian, as applicable, shall provide to the Agent access to the Loan Documents and all other documentation regarding the Loans included as part of the Collateral and the Related Property in such cases where the Agent is required in connection with the enforcement of the rights or interests of the Conduit Lender, or by applicable statutes or regulations, to review such documentation, such access being afforded without charge but only (i) upon two (2) Business Days’ prior written request, (ii) during normal business hours and (iii) subject to the Servicer’s and the TrusteeCollateral Custodian’s normal security and confidentiality procedures. From and after the Closing Date and periodically thereafter at the discretion of the Agent, the Agent or their respective agents may review the Borrower’s and the Servicer’s collection and administration of the Loans in order to assess compliance by the Servicer with the Servicer’s written policies and procedures, as well as with this Agreement and may conduct an audit of the Loans, Loan Documents and Records in conjunction with such a review. Such review shall be reasonable in scope and shall be completed in a reasonable period of time. The Borrower shall bear the cost of such audits; provided, however that prior to the date on which unless a Termination Event shall have occurred and be continuing, the Borrower shall not be required to bear the cost of more than one audit Audit in any 12-month periodeach fiscal year.

Appears in 1 contract

Samples: Funding and Servicing Agreement (American Capital Strategies LTD)

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Access to Certain Documentation and Information Regarding the Loans. The Borrower, the Servicer or the TrusteeCollateral Custodian, as applicable, shall provide to the Deal Agent access to the Loan Documents and all other documentation regarding the Loans included as part of the Collateral and the Related Property in such cases where the Deal Agent is are required in connection with the enforcement of the rights or interests of the Conduit LenderInvestors, or by applicable statutes or regulations, to review such documentation, such access being afforded without charge but only (i) upon two (2) Business Days’ prior written request, (ii) during normal business hours and (iii) subject to the Servicer’s and the Trustee’s normal security and confidentiality procedures. From and after the Closing Date and periodically thereafter at the discretion of the Deal Agent, the Deal Agent or their respective agents may review the Borrower’s and the Servicer’s collection and administration of the Loans in order to assess compliance by the Servicer with the Servicer’s written policies and procedures, as well as with this Agreement and may conduct an audit of the Loans, Loan Documents and Records in conjunction with such a review. Such review shall be reasonable in scope and shall be completed in a reasonable period of time. The Borrower shall bear the cost of such audits; provided, however that prior to the date on which a Termination Event shall have occurred and be continuing, the Borrower shall not be required to bear the cost of more than one audit in any 12-month period.

Appears in 1 contract

Samples: Funding and Servicing Agreement (American Capital Strategies LTD)

Access to Certain Documentation and Information Regarding the Loans. The Borrower, the Servicer or the TrusteeCollateral Custodian, as applicable, shall provide to the Administrative Agent access to the Loan Documents and all other documentation regarding the Loans included as part of the Collateral and the Related Property in such cases where the Administrative Agent is are required in connection with the enforcement of the rights or interests of the Conduit LenderSecured Parties, or by applicable statutes or regulations, to review such documentation, such access being afforded without charge but only (i) upon two (2) Domestic Business Days’ prior written request, (ii) during normal business hours and (iii) subject to the Servicer’s and the Trustee’s normal security and confidentiality procedures. From and after the Closing Date and periodically thereafter at the discretion of the Administrative Agent, the Administrative Agent or their respective agents Administrative Agents may review the Borrower’s and the Servicer’s collection and administration of the Loans in order to assess compliance by the Servicer with the Servicer’s written policies and procedures, as well as with this Agreement and may conduct an audit of the Loans, Loan Documents and Records in conjunction with such a review. Such review shall be reasonable in scope and shall be completed in a reasonable period of time. The Borrower shall bear the cost of such audits; provided, however that prior to the date on which a Termination Event shall have occurred and be continuing, the Borrower shall not be required to bear the cost of more than one audit in any 12-month period.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

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