Common use of Collateral Reports Clause in Contracts

Collateral Reports. No more frequently than once during each calendar year, or more frequently as determined by the Administrative Agent if an Event of Default shall have occurred and be continuing, upon the request of the Administrative Agent, the Loan Parties will obtain and deliver to the Administrative Agent, or, if the Administrative Agent so elects, will cooperate with the Administrative Agent in the Administrative Agent’s obtaining, a report of an independent collateral auditor satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Railcars and/or the other components included in the Borrowing Base, which report shall indicate whether or not the information set forth in the Borrowing Base Report most recently delivered is accurate and complete in all material respects based upon a review by such auditors of the lease receivables (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Loan Parties or any applicable Subsidiary), Railcars (as to each, including verification as to the value, location and respective types). Collateral value reports shall be conducted and made, at the expense of the Loan Parties, not more than one time in any calendar year unless a Default or Event of Default is continuing (during which period any and all such collateral value reports shall be at the expense of the Loan Parties).

Appears in 4 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)

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Collateral Reports. No more frequently than once twice during each calendar year, or more frequently as determined by the Administrative Agent if an Event of Default shall have occurred and be continuing, upon the request of the Administrative Agent, the Loan Parties Borrower will obtain and deliver to the Administrative Agent, or, if the Administrative Agent so elects, will cooperate with the Administrative Agent in the Administrative Agent’s obtaining, a report of an independent collateral auditor satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Railcars Containers and/or the other components included in the Borrowing Base, which report shall indicate whether or not the information set forth in the Borrowing Base Report most recently delivered is accurate and complete in all material respects based upon a review by such auditors of the lease receivables Accounts Receivable (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Loan Parties Borrower or any its applicable Subsidiary), Railcars ) and Containers (as to each, including verification as to the value, location and respective types). Collateral All such collateral value reports shall be conducted and made, made at the expense of the Loan Parties, not more than one time in any calendar year unless a Default or Event of Default is continuing (during which period any and all such collateral value reports shall be at the expense of the Loan Parties)Borrower.

Appears in 4 contracts

Samples: Assignment and Assumption (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.)

Collateral Reports. No more frequently than once during each calendar year, or more frequently as determined by the Administrative Agent if an Event of Default shall have occurred and be continuing, upon the request of the Administrative Agent, the Loan Parties will obtain and deliver to the Administrative Agent, or, if the Administrative Agent so elects, will cooperate with the Administrative Agent in the Administrative Agent’s obtaining, a report of an independent collateral auditor satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Railcars Containers and/or the other components included in the Borrowing Base, which report shall indicate whether or not the information set forth in the Borrowing Base Report most recently delivered is accurate and complete in all material respects based upon a review by such auditors of the lease receivables Containers (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Loan Parties or any applicable Subsidiary), Railcars (as to each, including verification as to the value, location and respective types). Collateral value reports shall be conducted and made, made at the expense of the Loan Parties, Borrower not more than one time in any calendar year unless a Default or Event of Default is continuing (during which period any and all such collateral value reports shall be at the expense of the Loan PartiesBorrower).

Appears in 2 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)

Collateral Reports. No Permit, no more frequently than once during each calendar year, or more frequently as determined by the Administrative Agent if an Event of Default shall have occurred and be continuing, upon the request of the Administrative Agent, the Loan Parties and will obtain and deliver to the Administrative Agent, or, or if the Administrative Agent so elects, will cooperate with the Administrative Agent in the Administrative Agent’s obtaining, a report of an independent collateral auditor satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Railcars and/or the other Accounts Receivable and Inventory components included in the Borrowing Base, which report shall indicate whether or not the information set forth in the Borrowing Base Report most recently delivered is accurate and complete in all material respects based upon a review by such auditors of the lease receivables Accounts Receivable (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Loan Parties Borrower or any its applicable Subsidiary), Railcars ) and Inventory (as to each, including verification as to the value, location and respective types). Collateral All such collateral value reports shall be conducted and made, made at the expense of the Loan Parties, not more than one time in any calendar year unless a Default or Event of Default is continuing (during which period any and all such collateral value reports shall be at the expense of the Loan Parties)Borrower.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (California Steel Industries Inc)

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Collateral Reports. No more frequently than once during each ------------------- calendar year, or more frequently as determined by the Administrative Agent if an Event of Default shall have occurred and be continuing, upon the request of the Administrative Agent, the Loan Parties Borrowers will obtain and deliver to the Administrative Agent, or, if the Administrative Agent so elects, will cooperate with the Administrative Agent in the Administrative Agent’s 's obtaining, a report of an independent collateral auditor satisfactory to the Administrative Agent (which may be affiliated with one of the LendersBanks) with respect to the Railcars and/or the other components Base Contracts included in the Borrowing Base, which report shall indicate whether or not the information set forth in the Borrowing Base Report most recently delivered is accurate and complete in all material respects based upon a review by such auditors of the lease receivables Base Contracts (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Loan Parties each Borrower or any its applicable Subsidiary), Railcars (as to each, including verification as to the value, location and respective types). Collateral All such collateral value reports shall be conducted and made, made at the expense of the Loan Parties, not more than one time in any calendar year unless a Default or Event of Default is continuing (during which period any and all such collateral value reports shall be at the expense of the Loan Parties)Borrowers.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

Collateral Reports. No more frequently than once three (3) times ------------------ during each calendar year, or more frequently as determined by the Administrative Agent if an Event of Default shall have occurred and be continuing, upon the request of the Administrative Agent, the Loan Parties each Borrower will obtain and deliver to the Administrative Agent, or, if the Administrative Agent so elects, will cooperate with the Administrative Agent in the Administrative Agent’s 's obtaining, a report of an independent collateral auditor satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Railcars and/or the other components Accounts Receivable included in the Borrowing Base, which report shall indicate whether or not the information set forth in the Borrowing Base Report most recently delivered is accurate and complete in all material respects based upon a review by such auditors of the lease receivables Accounts Receivable (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Loan Parties such Borrower or any its applicable Subsidiary), Railcars (as to each, including verification as to the value, location and respective types). Collateral All such collateral value reports shall be conducted and made, made at the expense of the Loan Parties, not more than one time in any calendar year unless a Default or Event of Default is continuing (during which period any and all such collateral value reports shall be at the expense of the Loan Parties)Borrowers.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)

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