Financial Examination, Valuation, and Appraisal Fees. (i) for the sole and separate account of Agent, a separate fee of $850 pay day, per examiner, plus out-of-pocket expenses for each financial analysis and examination (i.e., audits) of Borrowers performed by personnel employed by Agent; provided, however, that so long as no Default or Event of Default shall have occurred and be continuing and so long as the Borrowers have Excess Availability of not less than $15,000,000, Borrower shall not be required to pay for more than one audit per fiscal year; (ii) for the sole and separate accounts of Agent and each Lender that exercises its rights under Section 4.6, the actual charges paid or incurred by Agent or any Lender if it elects to employ the services of one or more third Persons to perform such audits of Borrowers or their Books, to appraise the Collateral, or to assess a Borrower's business valuation; and (iii) subject to the limitations set forth in Section 2.1(b), for the sole and separate account of Agent, the out-of-pocket costs and expenses incurred by Agent for the engagement of appraisal, accounting, auction, or other professional firms to conduct Inventory Appraisals or Physical Counts."
Financial Examination, Valuation, and Appraisal Fees. (i) For the sole and separate account of Agent, a separate fee of $750 per day, per examiner, plus out-of-pocket expenses for each financial analysis and examination (i.e., audits) of the Obligors performed by personnel employed by Agent; PROVIDED, HOWEVER, that, so long as no Event of Default has occurred and is continuing, Borrower shall not be obligated to pay such fees and expenses in respect of more than 4 such audits in any year; and (ii) from and after the occurrence and during the continuation of an Event of Default, for the sole and separate accounts of Agent and each Lender that exercises its rights under SECTION 4.6, the actual charges paid or incurred by Agent or any Lender if it elects to employ the services of one or more third Persons to perform such audits of the Obligors or the Books thereof, to appraise the Collateral, or to assess the Obligors' business valuation.
Financial Examination, Valuation, and Appraisal Fees. For the sole and separate account of Agent, a separate fee of $750 per day, per examiner, plus reasonable out-of-pocket expenses for each financial analysis and examination (i.e., audits) of the Borrower performed by personnel employed by Agent; for the sole and separate account of Agent, a separate fee of $750 per day, per Person, plus reasonable out-of-pocket expenses for the establishment of electronic collateral and financial reporting systems; and, in addition, for the sole and separate accounts of Agent and each Lender that exercises its rights under Section 4.6, the actual charges paid or incurred by Agent or any Lender if ----------- it elects to employ the services of one or more third Persons to perform such audits of the Borrower or the Books, thereof, to appraise the Collateral, or to assess the Borrower's business valuation; provided, however, that, so long as no -------- ------- Event of Default has occurred and is continuing, Borrower shall not be obligated to reimburse to Agent the fees and costs of more than 1 audit in any three month period.
Financial Examination, Valuation, and Appraisal Fees. For the sole and separate account of Agent, (i) a separate fee of $750 pay day, per examiner, plus out-of-pocket expenses for each financial analysis and examination (i.e., audits) of Borrower performed by personnel employed by Agent; PROVIDED, HOWEVER, that so long as no Event of Default has occurred and is continuing, Borrower shall not be obligated to reimburse Agent for more than 4 such audits or more than one collateral appraisal during any 12 month period; (ii) a one time charge of $3,000 plus out-of-pocket expenses for expenses for the establishment of electronic collateral reporting systems; and (iii) the actual charges paid or incurred by Agent if it elects to employ the services of one or more third Persons to appraise the Collateral, or any portion thereof, or to assess the Obligors' business valuation.
Financial Examination, Valuation, and Appraisal Fees. For the sole and separate account of Agent, a separate fee of $750 per day, per examiner, plus reasonable out-of-pocket expenses for each financial analysis and examination (i.e., audits) of the Obligors performed by personnel employed by Agent; for the sole and separate account of Agent, a separate fee of $750 per day, per Person, plus reasonable out-of-pocket expenses for the establishment of electronic collateral and financial reporting systems; and, in addition, for the sole and separate accounts of Agent and each Lender that exercises its rights under Section 4.6, the actual charges paid or incurred by Agent or any Lender if ----------- it elects to employ the services of one or more third Persons to perform such audits of the Obligors or the Books, UK Sub Books, or Canadian Sub Books thereof, to appraise the Collateral, the UK Sub Collateral, the Canadian Sub Collateral, or to assess the Obligors' business valuation; provided, however, -------- ------- that, so long as no Event of Default has occurred and is continuing, Borrower shall not be obligated to reimburse to Agent the fees and costs of more than 1 audit in any three month period.
Financial Examination, Valuation, and Appraisal Fees. For the sole and separate account of Agent, a separate fee of $650 per day, per examiner, a separate fee of $1500 per day, per appraiser, plus out-of-pocket expenses for each financial analysis and examination (i.e., audits) of Borrower performed by personnel employed by Agent; and, in addition the charges actually paid or actually incurred by Agent or any Lender in its or their sole discretion, reasonably exercised, of one or more third Persons to perform such financial analyses and examinations (i.e., audits) of Borrower or to appraise the Collateral.
