Common use of Collateral Reports Clause in Contracts

Collateral Reports. No more frequently than 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 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 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 Accounts Receivable (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Borrower or its applicable Subsidiary) and Containers (including verification as to the value, location and respective types). All such collateral value reports shall be conducted and made at the expense of the Borrower.

Appears in 4 contracts

Sources: Revolving Credit and Term Loan Agreement (CAI International, Inc.), Revolving Credit and Term Loan Agreement (CAI International, Inc.), Revolving Credit and Term Loan Agreement (CAI International, Inc.)

Collateral Reports. No more frequently than twice 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 Borrower 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 Containers 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 Accounts Receivable lease receivables (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Borrower Loan Parties or its any applicable Subsidiary) and Containers ), Railcars (as to each, including verification as to the value, location and respective types). All 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 conducted and made at the expense of the BorrowerLoan Parties).

Appears in 4 contracts

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

Collateral Reports. No more frequently than twice 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 Borrower 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 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 Accounts Receivable (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Borrower or its applicable Subsidiary) and Containers (including verification as to the value, location and respective types). All such collateral Collateral value reports shall be conducted and made at the expense of the 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 Borrower).

Appears in 2 contracts

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

Collateral Reports. No more frequently than twice 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 Borrower 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 Containers 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 Accounts Receivable Base Contracts (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the each Borrower or its applicable Subsidiary) and Containers (including verification as to the value, location and respective types). All such collateral value reports shall be conducted and made at the expense of the BorrowerBorrowers.

Appears in 1 contract

Sources: Revolving Credit Agreement (Fairfield Communities Inc)

Collateral Reports. No more frequently than twice two times during each calendar yearyear commencing after the Closing Date, 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 Borrower 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 Containers 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 Accounts Receivable (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Borrower Borrowers or its applicable Subsidiary) and Containers inventory (including verification as to the value, location and respective types). All such collateral value reports shall be conducted and made at the expense of the BorrowerBorrowers.

Appears in 1 contract

Sources: Revolving Credit Agreement (Transpro Inc)

Collateral Reports. No more frequently than twice 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 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 Containers 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 Accounts Receivable (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the such Borrower or its applicable Subsidiary) and Containers (including verification as to the value, location and respective types). All such collateral value reports shall be conducted and made at the expense of the BorrowerBorrowers.

Appears in 1 contract

Sources: Revolving Credit Agreement (Us Xpress Enterprises Inc)

Collateral Reports. No Permit, no more frequently than twice 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 Borrower 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 Containers 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 Accounts Receivable (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Borrower or its applicable Subsidiary) and Containers Inventory (including verification as to the value, location and respective types). All such collateral value reports shall be conducted and made at the expense of the Borrower.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (California Steel Industries Inc)

Collateral Reports. No more frequently than twice three times ------------------ during each calendar year, or more frequently as determined by the Administrative Agent Agents if an Event of Default shall have occurred and be continuing, upon the request of the Administrative AgentAgents, the Borrower will obtain and deliver to the Administrative AgentAgents, or, if the Administrative Agent Agents so elects, will cooperate with the Administrative Agent Agents in the Administrative Agent’s 's obtaining, a report of an independent collateral auditor satisfactory to the Administrative Agent Agents (which may be affiliated with one of the LendersBanks) with respect to the Containers 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 Accounts Receivable (including verification with respect to the amount, aging, identity and credit of the respective account debtors and the billing practices of the Borrower or its applicable Subsidiary) and Containers inventory (including verification as to the value, location and respective types). All such collateral value reports shall be conducted and made at the expense of the Borrower.

Appears in 1 contract

Sources: Revolving Credit Agreement (California Steel Industries Inc)