Common use of Access to Collateral; Books and Records Clause in Contracts

Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days’ notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel or seek to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc)

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Access to Collateral; Books and Records. At reasonable times, on three two (32) Business Days’ notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, up to two (2) times in any fiscal year (or more frequently, as Bank shall determine necessary), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten fifteen (1015) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 3 contracts

Samples: Loan and Security Agreement (Global Telecom & Technology, Inc.), Loan and Security Agreement (Global Telecom & Technology, Inc.), Loan and Security Agreement (Global Telecom & Technology, Inc.)

Access to Collateral; Books and Records. At reasonable times, but not less than two (2) times per year unless requested by Bank (and in the event of a Default or Event of Default) on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 2 contracts

Samples: Loan and Security Agreement (Advanced BioHealing Inc), Loan and Security Agreement (Advanced BioHealing Inc)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on an semi-annual basis (or more frequently if an Event of Default has occurred and is continuing), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 2 contracts

Samples: First Loan Modification Agreement (Bridgeline Software, Inc.), First Loan Modification Agreement (Bridgeline Software, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days’ notice but not more than twice in any once per calendar year quarter unless there has been an Event of Default, on one (1) Business Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amtech Systems Inc), Loan and Security Agreement (Amtech Systems Inc)

Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days’ notice times and not more than twice in any calendar year once every six (6) months unless an Event of Default exists, on five (5) Business Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 2 contracts

Samples: Loan and Security Agreement (Yodlee Inc), Loan and Security Agreement (Yodlee Inc)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently as Bank shall determine necessary), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.” 5 The Loan Agreement shall be amended by deleting the following text appearing as Section 6.9 thereof:

Appears in 2 contracts

Samples: Second Loan Modification Agreement (Stereotaxis, Inc.), Second Loan Modification Agreement (Stereotaxis, Inc.)

Access to Collateral; Books and Records. At Allow Bank, or its agents, at reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which . Such inspections or audits shall be within conducted no more often than once every six (6) months after the Effective Dateunless an Event of Default has occurred and is continuing. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 2 contracts

Samples: Loan and Security Agreement (PLX Technology Inc), Loan and Security Agreement (Overland Storage Inc)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently as Bank shall determine necessary), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 1,000 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 2 contracts

Samples: Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Stereotaxis, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently as Bank shall determine necessary), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 1,000 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.” and inserting in lieu thereof the following:

Appears in 2 contracts

Samples: Second Loan Modification Agreement (Stereotaxis, Inc.), Second Loan Modification Agreement (Stereotaxis, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days’ notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently as conditions warrant, in Bank’s reasonable discretion), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any reasonable out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 2 contracts

Samples: Loan and Security Agreement (NxStage Medical, Inc.), Loan and Security Agreement (NxStage Medical, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which . Such audits shall be within six (6) months after the Effective Dateconducted no more often than twice per year unless an Event of Default has occurred and is continuing. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Sonic Foundry Inc)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right on a semi-annual basis (or more frequently if an Event of Default has occurred and is continuing), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (World Energy Solutions, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently, as Bank shall determine necessary in its sole discretion), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Microfluidics International Corp)

Access to Collateral; Books and Records. At Allow Bank, or its agents, at reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which . Such inspections or audits shall be within conducted no more than once every six (6) months after the Effective Date. The foregoing unless an Event of Default has occurred and is continuing in which case such inspections and audits shall be at Borrower’s expense, and the occur as often as Bank shall determine is necessary. The charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers ) Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Amber Road, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, up to two (2) times per year (or more frequently as Bank shall determine conditions warrant, in its sole discretion), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Wireless Ronin Technologies Inc)

Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days’ notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on an annual basis (or more frequently as conditions warrant, in Bank’s reasonable discretion), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any reasonable out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.” 11 The Loan Agreement shall be amended by deleting the following text appearing as Section 6.7 thereof:

Appears in 1 contract

Samples: Second Loan Modification Agreement (NxStage Medical, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be (i) conducted three times per year or as conditions warrant in Bank’s discretion, and (ii) at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Satcon Technology Corp)

Access to Collateral; Books and Records. At Allow Bank, or its agents, at reasonable times, on three (3) Business Days’ notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which . Such inspections or audits shall be within six conducted no more often than once every twelve (612) months after the Effective Dateunless an Event of Default has occurred and is continuing. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Unconditional Secured Guaranty and Pledge Agreement (Mandalay Digital Group, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day's notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently, as Bank shall determine necessary in its sole discretion) to inspect the Collateral and the right to audit and copy each Borrower’s 's Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s 's expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s 's then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s 's rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Spire Corp)

Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days’ notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, up to once per year (or more frequently, as Bank shall determine necessary), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Xata Corp /Mn/)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day's notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently, as Bank shall determine necessary in its sole discretion, or at the direction of EXIM Bank), to inspect the Collateral and the right to audit and copy each Borrower’s 's Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s 's expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s 's then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s 's rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Spire Corp)

Access to Collateral; Books and Records. At reasonable timestimes (but no more frequently than set forth in Section 6.2(c)), on three two (32) Business Days' notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s 's Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s 's expense, and the charge therefor shall be Eight Hundred Fifty ($750 850) per person per day (or such higher amount as shall represent Bank’s 's then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten five (105) days Business Days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten five (105) days Business Days written notice to Bank, then (without limiting any of Bank’s 's rights or remedies), Borrowers Borrower shall pay Bank a fee of One Thousand Dollars ($1,000 1,000) plus any out-out­ of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling."

Appears in 1 contract

Samples: Loan and Security Agreement (Dot Hill Systems Corp)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Borrowers’ Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s Borrowers’ expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. Such inspections and audits shall not exceed two (2) per year unless an Event of Default has occurred and is continuing. In the event Borrowers and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel such Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers shall pay Bank a fee of $1,000 plus any out-of-of- pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Covad Communications Group Inc)

Access to Collateral; Books and Records. At Allow Bank, or its agents, at reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which . Such inspections or audits shall be within six conducted no more often than once every twelve (612) months after the Effective Dateunless an Event of Default has occurred and is continuing. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any reasonable out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Cray Inc)

Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right on an annual basis (or more frequently if an Event of Default has occurred) to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Medidata Solutions, Inc.)

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Access to Collateral; Books and Records. At Allow Bank, or its agents, at reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which . Such inspections or audits shall be within conducted no more often than once every six (6) months after the Effective Dateunless an Event of Default has occurred and is continuing. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Ramtron International Corp)

Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, Books but in no circumstances would the first of which shall be within six inspections exceed more than two per year (6) months after the Effective Dateor as conditions warrant). The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor therefore shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Photonix Inc)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on an annual basis (or more frequently after the occurrence of an Event of Default) to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Caliper Life Sciences Inc)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently after the occurrence of an Event of Default) to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.” and inserting in lieu thereof the following:

Appears in 1 contract

Samples: First Loan Modification Agreement (Caliper Life Sciences Inc)

Access to Collateral; Books and Records. At reasonable timestimes (but no more frequently than set forth in Section 6.2(c)), on three two (32) Business Days’ notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be Eight Hundred Fifty ($750 850) per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten five (105) days Business Days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten five (105) days Business Days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of One Thousand Dollars ($1,000 1,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Dot Hill Systems Corp)

Access to Collateral; Books and Records. At reasonable timesNo more often than once every calendar quarter or as Bank determines is necessary in its sole discretion, on three five (35) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Ocz Technology Group Inc)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which . Such audits shall be within six (6) months after the Effective Dateconducted no more often than twice per year, unless an Event of Default has occurred and is continuing. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 1,000 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Sonic Foundry Inc)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently as Bank shall determine necessary, in its sole discretion, or at the direction of EXIM Bank), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (NMT Medical Inc)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently after the occurrence of an Event of Default) to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Caliper Life Sciences Inc)

Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently if Bank determines conditions warrant, in its sole discretion), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Bridgeline Digital, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right on a semi-annual basis (or more frequently if an Event of Default has occurred and is continuing), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.” and inserting in lieu thereof the following:

Appears in 1 contract

Samples: First Loan Modification Agreement (World Energy Solutions, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three (3) Business Days’ notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently as conditions warrant, in Bank’s reasonable discretion), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any reasonable out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.” and inserting in lieu thereof the following:

Appears in 1 contract

Samples: Second Loan Modification Agreement (NxStage Medical, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be (i) conducted three times per year or as conditions warrant in Bank’s discretion, and (ii) at Borrower’s expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.” and inserting in lieu thereof the following:

Appears in 1 contract

Samples: Third Loan Modification Agreement (Satcon Technology Corp)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently as Bank shall determine necessary), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: And Security Agreement (Stereotaxis, Inc.)

Access to Collateral; Books and Records. At reasonable times, on three five (35) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right right, on a semi-annual basis (or more frequently after the occurrence of an Event of Default), to inspect the Collateral and the right to audit and copy each Borrower’s Books, the first of which shall be within six (6) months after the Effective Date. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be $750 850 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel Borrower cancels or seek seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers Borrower shall pay Bank a fee of One Thousand Dollars ($1,000 1,000.00) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Network Engines Inc)

Access to Collateral; Books and Records. At reasonable times, on three one (31) Business Days’ Day’s notice not more than twice in any calendar year (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy each Borrower’s Borrowers’ Books; provided that, unless an Event of Default has occurred and is continuing, Bank shall conduct not more than two (2) such inspections of the first of which shall be within six (6) months after the Effective DateCollateral in any twelve month period. The foregoing inspections and audits shall be at Borrower’s Borrowers’ expense, and the charge therefor shall be $750 per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrowers and Bank schedule an audit more than ten (10) days in advance, and Borrowers cancel or seek to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrowers shall pay Bank a fee of $1,000 plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

Appears in 1 contract

Samples: Loan and Security Agreement (Qualmark Corp)

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