Field Audit and Examination Reports; Disclaimer by Lenders. By signing this Agreement, each Lender: (i) is deemed to have requested that the Administrative Agent furnish such Lender, promptly after it becomes available, a copy of each field audit or examination report (each a “Report” and collectively, “Reports”) prepared by or on behalf of the Administrative Agent; (ii) expressly agrees and acknowledges that neither Bank of America nor the Administrative Agent (A) makes any representation or warranty as to the accuracy of any Report, or (B) shall be liable for any information contained in any Report; (iii) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that the Administrative Agent, Bank of America or other party performing any audit or examination will inspect only specific information regarding the Borrowers and will rely significantly upon the Borrowers’ books and records, as well as on representations of the Borrowers’ personnel; (iv) agrees to keep all Reports confidential and strictly for its internal use, and not to distribute except to its participants, or use any Report in any other manner; and (v) without limiting the generality of any other indemnification provision contained in this Agreement, agrees: (A) to hold the Administrative Agent and any such other Lender preparing a Report harmless from any action the indemnifying Lender may take or conclusion the indemnifying Lender may reach or draw from any Report in connection with any loans or other credit accommodations that the indemnifying Lender has made or may make to the Borrowers, or the indemnifying Lender’s participation in, or the indemnifying Lender’s purchase of, a loan or loans of the Borrowers; and (B) to pay and protect, and indemnify, defend, and hold the Administrative Agent and any such other Lender preparing a Report harmless from and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts incurred by or on behalf of the Administrative Agent and any such other Lender preparing a Report as the direct or indirect result of any third parties who might obtain all or part of any Report through the indemnifying Lender.
Field Audit and Examination Reports; Disclaimer by Lenders. The Administrative Agent agrees that it shall conduct one field audit or examinations with respect to the Accounts of Borrower and Foamex Canada during each of (i) the period commencing on the Closing Date and ending 90 days after the Closing Date and (ii) each 90-day period thereafter through the Termination Date. By signing this Agreement, each Lender:
Field Audit and Examination Reports; Disclaimer by Lenders. By signing this Agreement, each US Lender:
Field Audit and Examination Reports; Disclaimer by Lenders. By signing this Agreement, each UK Lender:
Field Audit and Examination Reports; Disclaimer by Lenders. Each Lender:
Field Audit and Examination Reports; Disclaimer by Lenders. (A) By signing this Agreement, each Lender:
Field Audit and Examination Reports; Disclaimer by Lenders. The Administrative Agent agrees that it shall conduct no less than two field audits or examinations with respect to the Accounts and Inventory of the Borrowers and Foamex Canada during the term of this Agreement. By signing this Agreement, each Lender:
Field Audit and Examination Reports; Disclaimer by Lenders. In the event that the Agent provides to Lenders copies of field audits or examination reports (each a "Report" and collectively, "Reports"), in Agent's discretion, each Lender:
