Common use of Commercial Finance Examinations Clause in Contracts

Commercial Finance Examinations. Once during each calendar year, or more frequently if the Administrative Agent reasonably determines or 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 obtaining, a report of an independent commercial finance examiner satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Eligible Containers, Eligible Generators and Eligible Chassis 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 Eligible Containers, Eligible Generators and Eligible Chassis. Prior to an Event of Default, one (1) such commercial finance examinations per annum shall be conducted and made at the expense of the Borrower and any additional commercial finance examination shall be conducted and made at the expense of the Lenders. After the occurrence and during the continuance of an Event of Default, all such commercial finance examinations shall be conducted and made at the expense of the Borrower. The Administrative Agent agrees to make all such commercial finance examinations available to each of the Lenders.

Appears in 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

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Commercial Finance Examinations. Once during each calendar year, or more frequently if the Administrative Agent reasonably determines or 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 obtaining, a report of an independent commercial finance examiner satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Eligible Containers, Eligible Generators and Eligible Chassis 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 Eligible Containers, Eligible Generators and Eligible Chassis. Prior to an Event of Default, one (1) such commercial finance examinations per annum shall be conducted and made at the expense of the Borrower and any additional commercial finance examination examinations shall be conducted and made at the expense of the Lenders. After the occurrence and during the continuance of an Event of Default, all such commercial finance examinations shall be conducted and made at the expense of the Borrower. The Administrative Agent agrees to make all such commercial finance examinations available to each of the Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Seacastle Inc.)

Commercial Finance Examinations. Once during each calendar yearyear (provided that the Agent and the Lenders shall use commercially reasonable efforts to schedule such examination simultaneously with the commercial finance examination of the Manager pursuant to the Management Agreement), or more frequently if the Administrative Agent or any Lender reasonably determines or if an Event of Default shall have occurred and be continuing, upon the request of the Administrative AgentAgent or any Lender, the Borrower will obtain and deliver to the Administrative Agent or, if the Administrative Agent so elects, will cooperate with the Administrative Agent in obtaining, a report of an independent commercial finance examiner satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Eligible Containers, Eligible Generators Containers and Eligible Chassis Direct Finance Leases 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 Eligible Containers, Eligible Generators Containers and Eligible ChassisDirect Finance Leases. Prior to an Event of Default, one (1) such commercial finance examinations per annum shall be conducted and made at the expense of the Borrower and any additional commercial finance examination examinations shall be conducted and made at the expense of the Lenders. After the occurrence and during the continuance of an Event of Default, all such commercial finance examinations shall be conducted and made at the expense of the Borrower. The Administrative Agent agrees to make all such commercial finance examinations available to each of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Seacastle Inc.)

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Commercial Finance Examinations. Once during each calendar year, or more frequently if the Administrative Agent reasonably determines or 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 obtaining, a report of an independent commercial finance examiner satisfactory to the Administrative Agent (which may be affiliated with one of the Lenders) with respect to the Eligible Containers, Eligible Generators and Eligible Chassis 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 Eligible Containers, Eligible Generators and Eligible Chassis. Prior to an Event of Default, one (1) such commercial finance examinations per annum shall be conducted and made at the expense of the Borrower and any additional commercial finance examination shall be conducted and made at the expense of the Lenders. After the occurrence and during the continuance of an Event of Default, all such commercial finance examinations shall be conducted and made at the expense of the Borrower. The Administrative Agent agrees to make all such commercial finance examinations available to each of the Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

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