Common use of Access and Records Clause in Contracts

Access and Records. (a) Except as otherwise provided in this Agreement, during the Custodian's regular business hours and upon receipt of reasonable notice from the Issuer or the Security Trustee, as the case may be, any officer or employee of any such person, any independent public accountant selected by such person, any receiver appointed by the Security Trustee and any person designated by any regulatory authority having jurisdiction over the Issuer shall be entitled to examine on the Custodian's premises the Securities Collateral held by the Custodian and the Custodian's records regarding the Securities Collateral deposited with entities authorised to hold the Securities Collateral, but only upon the Custodian receiving Instructions to that effect; provided that such examination shall be consistent with the Custodian's obligations of confidentiality to other parties. The Custodian's properly incurred costs and expenses in facilitating such examinations, including but not limited to the cost of the Custodian of providing personnel in connection with examinations, shall be borne by the Issuer. (b) The Custodian shall also, subject to restrictions under applicable laws and regulations, seek to obtain from any entity with which the Custodian maintains the physical possession or book-entry record of any of Securities Collateral in the Custody Account such records as may be required by the Issuer, the Security Trustee, any receiver appointed by the Security Trustee or any of their agents.

Access and Records. (aA) Access to the Custodian's Records. Except as otherwise provided in this Agreement, during the Custodian's regular business hours and upon receipt of reasonable notice from the Issuer or the Security Trustee, as the case may beClient, any Authorized Person or officer or employee of any such personthe Client, any independent public accountant accountant(s) selected by such person, any receiver appointed by the Security Trustee Client and any person designated by any regulatory authority having jurisdiction over the Issuer Client shall be entitled to examine on the Custodian's premises the Securities Collateral Property held by the Custodian and the Custodian's records regarding the Securities Collateral Property deposited with entities authorised authorized to hold the Securities CollateralProperty in accordance with Section 12 hereof, but only upon the Client's furnishing the Custodian receiving with Instructions to that effect; provided that PROVIDED THAT such examination shall be consistent with the Custodian's obligations of confidentiality to other parties. The Custodian's properly incurred reasonable costs and expenses in facilitating such examinations, including but not limited to the cost of to the Custodian of providing personnel in connection with examinations, shall be borne by the Issuer. Client, provided that such costs and expenses shall not be deemed to include the Custodian's costs in providing to the Client: (bi) The the "single audit report" of the independent certified public accountants engaged by the Custodian and (ii) such reports and documents as this Agreement contemplates that the Custodian shall also, subject furnish routinely to restrictions under applicable laws and regulations, seek to obtain from any entity with which the Custodian maintains the physical possession or book-entry record of any of Securities Collateral in the Custody Account such records as may be required by the Issuer, the Security Trustee, any receiver appointed by the Security Trustee or any of their agentsClient.