Common use of Borrowing Base Determination Clause in Contracts

Borrowing Base Determination. (a) The Borrower shall conduct, or shall cause to be conducted, at its expense, and upon request of the Agent, and present to the Agent for approval, such appraisals, investigations and reviews as the Agent shall request for the purpose of determining the Borrowing Base, all upon notice and at such times during normal business hours and as often as may be reasonably requested in accordance with the Agent's customary practices. The Borrower shall furnish to the Agent any information which the Agent may reasonably request regarding the determination and calculation of the Borrowing Base and which is available to the Borrower without undue cost or effort, including correct and complete copies of any invoices, underlying agreements, instruments or other documents and the identity of all Account Debtors in respect of Accounts referred to therein. (b) The Borrower shall promptly notify the Agent in writing in the event that at any time the Borrower receives or otherwise gains knowledge that (i) the Borrowing Base has decreased by $10,000,000 from the Borrowing Base reflected in the most recent Borrowing Base Certificate delivered pursuant to Section 6.1(h) or that (ii) the outstanding Revolving Credit Outstandings exceed the Borrowing Base as a result of a decrease therein, and the amount of such excess. (c) The Agent may, at the Borrower's sole cost and expense, make test verifications of the Accounts and physical verifications of the Inventory in any manner and through any medium that the Agent considers advisable, and the Borrower shall furnish all such assistance and information as the Agent may require in connection therewith.

Borrowing Base Determination. (a) The Borrower shall conduct, or shall cause to be conducted, at its expense, and upon request of the Agent, and present to the Agent for approval, such appraisals, investigations and reviews as the Agent shall reasonably request for the purpose of determining the Borrowing Base, all upon reasonable notice and at such reasonable times during normal business hours and as often as may be reasonably requested in accordance requested, and the Lenders and their respective representatives shall be entitled to participate with the Agent's customary practices, at their own expense, in any such appraisals, investigations and reviews so requested by the Agent. The Borrower shall furnish to the Agent any information which the Agent may reasonably request regarding the determination and calculation of the Borrowing Base and which is available to the Borrower without undue cost or effortBase, including correct and complete copies of any invoices, underlying agreements, instruments or other documents and the identity of all Account Debtors in respect of Accounts referred to thereinobligors. (b) The Borrower shall promptly notify the Agent and the Lenders in writing in the event that at any time the Borrower or any of its Subsidiaries receives or otherwise gains knowledge that (i) the Borrowing Base has decreased by $10,000,000 from is less than 80% of the Borrower's Borrowing Base reflected in the most recent Borrowing Base Certificate delivered by the Borrower pursuant to Section 6.1(h6.12(c) or that (ii) the outstanding Revolving Credit Outstandings Loans borrowed and Letters of Credit issued under Article II at such time exceed the Borrowing Base Available Credit as a result of a any decrease therein, in the Borrowing Base and the amount of such excess. (c) The Agent may, at the Borrower's sole cost and expense, may make test verifications of the Accounts and physical verifications of the Inventory in any reasonable manner and through any medium that the Agent considers advisable, and the Borrower shall furnish all such assistance and information as the Agent may require in connection therewith.

Borrowing Base Determination. (a) The Upon the request of the Agent, the Borrower shall conduct, or shall cause to be conducted, at its expense, and upon request of the Agent, and shall present to the Agent for approval, such appraisals, investigations and reviews as the Agent shall reasonably request for the purpose of determining confirming the Borrowing Base, all upon reasonable notice and at such reasonable times during normal business hours and as often as may be reasonably requested in accordance with by the Agent's customary practices. The Borrower shall furnish to the Agent any information which that the Agent may reasonably request regarding the determination and calculation of the Borrowing Base and which is available to the Borrower Base, including, without undue cost or effortlimitation, including correct and complete copies of any invoices, underlying agreements, instruments or other documents and the identity of all Account Debtors in respect of Accounts referred to thereinobligors. (b) The Borrower shall promptly notify the Agent and the Lenders in writing in the event that at any time the Borrower receives or otherwise gains knowledge that (i) the Borrowing Base has decreased by $10,000,000 from the Borrowing Base reflected in the most recent Borrowing Base Certificate delivered pursuant to Section 6.1(h) or that (ii) the outstanding Revolving Loans and Letter of Credit Outstandings Obligations exceed the Borrowing Base as a result of a decrease therein, and the amount of such excess. (c) The Agent may, at the Borrower's sole cost and expense, may make test verifications of the Accounts and physical verifications of the Loan Parties' Inventory in any manner and through any medium that the Agent considers advisable, and the Borrower Loan Parties shall furnish all such assistance and information as the Agent may require in connection therewith.

Borrowing Base Determination. (a) The Each Borrower shall conduct, or shall cause to be conducted, at its expense, and upon request of the Agent, and present deliver to the Agent for approvalAgent, such appraisals, investigations and reviews as the Agent shall reasonably request for the purpose of determining the Borrowing BaseBase (Unadjusted), all upon reasonable notice and at such reasonable times during normal business hours and as often as may be reasonably requested in accordance with the Agent's customary practicesrequested. The Each Borrower shall furnish to the Agent any information which the Agent may reasonably request regarding the determination and calculation of the Borrowing Base and which is available to the Borrower without undue cost or effort, (Unadjusted) including correct and complete copies of any Leases, invoices, underlying agreements, instruments or other documents and the identity of all Account Debtors in respect of Accounts referred to thereindocuments. (b) The Each Borrower shall promptly notify the Agent in writing in the event that at any time the such Borrower receives or otherwise any of its Subsidiaries gains knowledge that (i) as a result of a Mortgaged Property no longer being a Qualified Mortgaged Property, the Borrowing Base has decreased by $10,000,000 from (Unadjusted) is less than 99% of the Borrowing Base (Unadjusted) reflected in the most recent Borrowing Base Certificate delivered pursuant to Section 6.1(h) 3.1 or that 5.1, as applicable, (ii) the outstanding Revolving Credit Outstandings Loans exceed the Borrowing Base (Revolving Credit Loans) as a result of a decrease thereinin the Borrowing Base (Unadjusted), and the amount of such excess, or (iii) the outstanding Term Loans exceed the Borrowing Base (Unadjusted) as a result of a decrease in the Borrowing Base (Unadjusted), and the amount of such excess. (c) The Agent may, at the Borrower's sole cost and expense, may make test verifications of the Accounts and physical verifications TLCF of the Inventory any Mortgaged Property in any manner and through any medium that the Agent considers advisable, and the each Borrower shall furnish all such assistance and information as the Agent may require in connection therewith.