Field Audit, Examination Reports and other Information; Disclaimer by Lenders. By signing this Agreement, each Lender:
Field Audit, Examination Reports and other Information; Disclaimer by Lenders. By signing this Agreement, each Lender expressly agrees and acknowledges that Agent (i) does not make any representation or warranty as to the accuracy of any Report, or (ii) shall not be liable for any information contained in any Report; and expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that Agent or any other party performing any audit or examination will inspect only specific information regarding Borrowers and will rely significantly upon Borrowers’ books and records, as well as on representations of Borrowers’ personnel. Each Lender additionally 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.
Field Audit, Examination Reports and other Information; Disclaimer by Lenders. By signing this Agreement, each Lender: is deemed to have requested that Administrative Agent furnish such Lender, promptly after it becomes available, a copy of each field audit or examination report and report with respect to the U.S. Borrowing Base prepared or received by Administrative Agent (each field audit or examination report and report with respect to the U.S. Borrowing Base being referred to herein as a “Report” and collectively, “Reports”), appraisals with respect to the Collateral and financial statements with respect to Company and its Subsidiaries received by Administrative Agent;
Field Audit, Examination Reports and other Information; Disclaimer by Lenders. By signing this Agreement, each Lender: (a) is deemed to have requested that Agent furnish such Lender, promptly after it becomes available, a copy of each field audit or examination report and a weekly report with respect to the Borrowing Base prepared by Agent (each field audit or examination report and monthly report with respect to the Borrowing Base being referred to herein as a "Report" and collectively, "Reports"); (b) expressly agrees and acknowledges that Agent (i) does not make any representation or warranty as to the accuracy of any Report, or (ii) shall not be liable for any information contained in any Report; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that Agent or any other party performing any audit or examination will inspect only specific information regarding Borrower and Guarantors and will rely significantly upon Borrower's and Guarantors' books and records, as well as on representations of Borrower's and Guarantors' personnel; and (d) agrees to keep all Reports confidential and strictly for its internal use in accordance with the terms of Section 13.5 hereof, and not to distribute or use any Report in any other manner. 12.11
Field Audit, Examination Reports and other Information; Disclaimer by Lenders. (a) By signing this Agreement, each American Lender:
Field Audit, Examination Reports and other Information; Disclaimer by Lenders. 75 12.9 Collateral Matters. 76 12.10 Agency for Perfection. 77 12.11 Successor Agent. 78 12.12 Limited Effect. 78 SECTION 13. TERM OF AGREEMENT; MISCELLANEOUS. 78 13.1 Term. 78 13.2 Interpretative Provisions. 79 13.3 Notices. 80 13.4 Partial Invalidity. 82 13.5 Confidentiality. 82 13.6 Successors. 83 13.7 Assignments; Participations. 83 13.8 Entire Agreement. 85 13.9 Counterparts, Etc. 85 13.10 USA PATRIOT Act. 86 INDEX TO EXHIBITS AND SCHEDULES Schedule I Commitments Exhibit A Form of Assignment and Acceptance Exhibit B Information Certificate Exhibit C Form of Compliance Certificate Exhibit D Form of Budget Variance Report Exhibit E Approved Budget Exhibit F Form of 13-Week Budget Variance Report Exhibit G Initial Approved 13-Week Budget
