Common use of Right to Inspect and Audit Clause in Contracts

Right to Inspect and Audit. Any Bank (through any of its officers, employees, agents or other persons designated by such Bank) shall have the right, at its own expense (except after the occurrence of an Event of Default at Borrower’s expense and without notice) upon reasonable prior notice, from time to time during Borrower’s usual business hours, to inspect Borrower’s Books and to make copies thereof and to inspect, check, test, audit and appraise the Collateral and Borrower’s business affairs in order to verify Borrower’s financial condition or the amount, condition of, or any other matter relating to the Collateral and Borrower’s compliance with the terms and conditions of this Agreement and the other Loan Documents. A Bank shall make reasonable efforts to minimize disruption of Borrower’s operations when conducting such work. Borrower shall permit representatives of the Banks to discuss the business, operations, properties and financial and other conditions of Borrower with its officers, board members, executives, managers, members, partners, employees, agents, independent certified public accountants and others, as applicable. The representatives of the Banks will maintain the confidentiality of non-public information obtained from such discussions or otherwise and will not trade the Borrower’s stock based upon material, non-public information concerning the Company that the representatives of the Banks may obtain. Notwithstanding the foregoing provisions of this Section 4.4, the Banks shall not be required to give prior notice or limit their inspections to normal business hours if they, or any of them, deem an emergency or other extraordinary situation to exist with respect to the Collateral, Borrower’s Books and their other rights hereunder.

Right to Inspect and Audit. Any Bank (through any of its officers, employees, agents or other persons designated by such Bank) shall have the right, at its own expense (except after the occurrence of an Event of Default at Borrower’s expense and without notice) upon reasonable prior notice, from time to time during Borrower’s usual business hours, to inspect Borrower’s Books and to make copies thereof and to inspect, check, test, audit and appraise the Collateral and Borrower’s business affairs in order to verify Borrower’s financial condition or the amount, condition of, or any other matter relating to the Collateral and Borrower’s compliance with the terms and conditions of this Agreement and the other Loan Documents. A Bank shall make reasonable efforts to minimize disruption of Borrower’s operations when conducting such work. Borrower shall permit representatives of the Banks Bank to discuss the business, operations, properties and financial and other conditions of Borrower with its officers, board members, executives, managers, members, partners, employees, agents, independent certified public accountants and others, as applicable. The representatives of the Banks Bank will maintain the confidentiality of non-public information obtained from such discussions or otherwise and will not trade the Borrower’s stock based upon material, non-public information concerning the Company that the representatives of the Banks Bank may obtain. Notwithstanding the foregoing provisions of this Section 4.4, the Banks Bank shall not be required to give prior notice or limit their its inspections to normal business hours if they, or any of them, deem it deems an emergency or other extraordinary situation to exist with respect to the Collateral, Borrower’s Books and their its other rights hereunder.

Right to Inspect and Audit. Any Bank (through any of its officers, employees, agents or other persons Persons designated by such Bank) shall have the right, at its own expense (except after the occurrence of an Event of Default at Borrower’s expense and without notice) upon reasonable prior noticenotice and subject to any restrictions imposed by the DSS or any other Governmental Authority, from time to time during Borrower’s usual business hours, to inspect Borrower’s Books and to make copies thereof and to inspect, check, test, audit and appraise the Collateral and Borrower’s business affairs in order to verify Borrower’s financial condition or the amount, condition of, or any other matter relating to the Collateral and Borrower’s compliance with the terms and conditions of this Agreement and the other Loan Documents. A Bank shall make reasonable efforts ; and in connection with the foregoing and subject to minimize disruption of Borrower’s operations when conducting such workany restrictions imposed by the DSS or any other Governmental Authority. Borrower shall permit representatives of the Banks Bank to discuss the business, operations, properties and financial and other conditions of Borrower with its officers, board members, executives, managers, members, partners, employees, agents, independent certified public accountants and others, as applicable. The representatives ; provided, however, that, so long as no Event of the Banks will maintain the confidentiality of non-public information obtained from Default has occurred and is continuing, Bank shall be entitled to conduct only one (1) such audit, inspection, check, test, appraisal or similar verifications or discussions or otherwise and will not trade the Borrower’s stock based upon material, non-public information concerning the Company that the representatives of the Banks may obtainduring any twelve (12)-month period. Notwithstanding the foregoing provisions of this Section 4.4, the Banks Bank shall not be required to give prior notice or limit their its inspections to normal business hours if they, or any of them, deem it deems an emergency or other extraordinary situation to exist with respect to the Collateral, Borrower’s Books and their its other rights hereunderhereunder (subject to any restrictions imposed by the DSS or any other Governmental Authority).