Common use of BOOK-KEEPING AND DATA-PROCESSING Clause in Contracts

BOOK-KEEPING AND DATA-PROCESSING. The following rights may only be exercised in line with the Credit Agreement: 8.1 If the Assignor employs a third party for its bookkeeping and/or data-processing, the Assignor hereby authorises the Administrative Agent to obtain the statements and schedules provided according to Clause 4.1 and the Lists of Claims provided according to Clause 4.2 directly from such third party at the Assignors expense. 8.2 If proof or documents necessary to assert the Claims have been handed over by the Assignor to a third party (in particular a bookkeeping firm or a tax consultant) the Assignor hereby assigns to the Administrative Agent its right to demand from such third party the return of the information and documents. The Administrative Agent hereby accepts such assignment. The Assignor hereby undertakes to instruct the third party to provide the Administrative Agent upon its demand with such information and documents which are necessary to assert the relevant Claims. 8.3 If the relevant Claims have been stored in an electronic data-processing system and a third party handles the electronic processing of data, the Assignor hereby assigns to the Administrative Agent all rights against such third party relating to these services, and instructs such third party to handle the processing of data for the Administrative Agent upon its instructions as it did for the relevant Assignor. The Administrative Agent hereby accepts such assignment. 8.4 The Assignment in Clauses 8.2 or 8.3 shall not hinder the Assignor to demand the information and documents or data from third party handling these information, documents or data and the Assignor is hereby authorised to exercise all rights assigned to the Administrative Agent pursuant to Clause 8.2 and/or clause 8.3.

Appears in 3 contracts

Sources: Assignment Agreement (First Solar, Inc.), Assignment Agreement (First Solar, Inc.), Assignment Agreement (First Solar, Inc.)