Agent Reports Clause Samples

Agent Reports. Each Lender may from time to time receive one or more reports or other information (each, a “Report”) prepared by or on behalf of Agent (or one or more of Agent’s Affiliates). With respect to each Report, each Lender hereby agrees that: (i) Agent (and Agent’s Affiliates) shall have no duties or obligations in connection with or as a result of a Lender receiving a copy of a Report, which will be provided solely as a courtesy, without consideration. Each Lender will perform its own diligence and will make its own independent investigation of the operations, financial conditions and affairs of the Loan Parties and will not rely on any Report or make any claim that it has done so. In addition, each Lender releases, and agrees that it will not assert, any claim against Agent (or one or more of Agent’s Affiliates) that in any way relates to any Report or arises out of a Lender having access to any Report or any discussion of its contents, and each Lender agrees to indemnify and hold harmless Agent (and Agent’s Affiliates) and their respective officers, directors, employees, agents and attorneys from all claims, liabilities and expenses relating to a breach by a Lender or any of its personnel of this Section or otherwise arising out of a Lender’s access to any Report or any discussion of its contents; (ii) Each Report may not be complete and certain information and findings obtained by Agent (or one or more of Agent’s Affiliates) regarding the operations and condition of the Loan Parties may not be reflected in each Report. Agent (and Agent’s Affiliates) makes no representations or warranties of any kind with respect to (i) any existing or proposed financing; (ii) the accuracy or completeness of the information contained in any Report or in any other related documentation; (iii) the scope or adequacy of Agent’s (and Agent’s Affiliates’) due diligence, or the presence or absence of any errors or omissions contained in any Report or in any other related documentation; and (iv) any work performed by Agent (or one or more of Agent’s Affiliates) in connection with or using any Report or any related documentation; and (iii) Each Lender agrees to safeguard each Report and any related documentation with the same care which it uses with respect to information of its own which it does not desire to disseminate or publish, and agrees not to reproduce or distribute or provide copies of or disclose any Report or any other related documentation or any related discussions to an...

Agent Reports. The Agent shall, once every seven (7) days, or sooner, at the option of the Agent, distribute to each Lender, at its primary address set forth on the signature page hereof, such funds as it is entitled to receive together with a statement ("Agent's Report") disclosing as of the preceding Business Day, the aggregate principal balance of the Revolving Loans outstanding as of such date, repayments and prepayments of principal received from the Borrower with respect to the Revolving Loans since the immediately preceding Agent's Report, additional Revolving Loans made to the Borrower since date of the immediately preceding Agent's Report, interest and fees received from the Borrower since the date of immediately preceding Agent's Report, the aggregate amount of Eligible Accounts and Eligible Inventory and the Loan Availability as of the Agent's most recent determination, the undrawn face amount of all Letters of Credit issued by Agent for the account of Borrower, the amount of any expenses of Agent paid by Agent since the immediately preceding Agent's Report for which Agent has not been reimbursed by the Borrower and the amount received by the Agent from the Borrower since the immediately preceding Agent's Report in payment of outstanding expenses of Agent. Such Agent's Reports shall also disclose the net amount due to or due from the Lenders. If the Agent's Report discloses a net amount due from the Agent to the Lenders, the Agent shall, concurrently with the delivery of the Agent's Report to the Lenders transfer, by wire or otherwise, such amount to the Lenders in funds immediately available to the Lenders in accordance with each Lender's instructions. If such report discloses a net amount due to Agent from the Lenders, then the Lenders shall transfer by wire or otherwise, such amount, in funds immediately available to the Agent as instructed by the Agent. Such net amount due from a Lender to the Agent shall be due on the same day such Lender receives such Agent's Report, if such Agent's Report is received before 1:00 p.m. (Dallas, Texas time) and such net amount shall be due on the Business Day following receipt of such Agent's Report, if such Agent's Report is received after 1:00 p.m. (Dallas, Texas time). Any amounts due hereunder to the Agent from the Lenders or vice versa which are not paid when due shall bear interest from the date due until ten (10) days thereafter at the weighted average of the rates on overnight federal funds transactions with member...

Agent Reports. 74 13. GUARANTIES.............................................................. 75

Agent Reports. Each Lender may from time to time receive one or more reports or other information (each, a “Report”) prepared by or on behalf of Agent (or one or more of Agent’s Affiliates). With respect to each Report, each Lender hereby agrees that:

Agent Reports. 63 ------------- 11.13 Designated Senior Debt........................................64 ---------------------- 11.14 Amendment and Restatement.....................................64 ------------------------- TABLE OF CONTENTS - Page iv EXHIBITS -------- Exhibit A Form of Revolving Credit Note Exhibit B Form of Monthly Report Exhibit C Reconciliation of Inventory and Accounts Exhibit D Form of Collateral Report Exhibit E Form of Certification Exhibit F Form of Borrowing Notice SCHEDULES --------- Schedule 3.11 Inventory Locations Schedule 3.14 Equipment Disclosures Schedule 3.17a Owned Real Property Schedule 3.17b Leased Real Property Schedule 4.1 Authorized Persons Schedule 5.1 Commercial Tort Claims Schedule 6.1 States of Incorporation and Qualification Schedule 6.5 Liens Schedule 6.7 Principal Places of Business and Chief Executive Offices Schedule 6.8 Other Names Schedule 6.10 Debt for Borrowed Money Schedule 6.13 Litigation and Claims Schedule 6.14 Defaults under other Agreements Schedule 6.15 Labor Matters Schedule 6.17 Intellectual Property Schedule 6.18 Environmental Matters Schedule 6.22 Capitalization Schedule 8.5 Guaranties Schedule 8.9 Loans, Consulting Fees to Officers, Directors, Employees or Stockholders Schedule 8.16 Bonus Criteria THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Third Amended and Restated Loan and Security Agreement ("Agreement"), ----------- made as of the 21 day of March, 2002, by and among American Builders & Contractors Supply Co., Inc., a Delaware corporation, with its principal place of business and chief executive office at ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the "Borrower"), the financial institutions listed on the signature pages ---------- hereof (individually, a "Lender" and collectively, the "Lenders"), and Bank of --------- America, National Association (successor by merger to NationsBank, N.A.), with its principal place of business located at ▇▇▇ ▇. ▇▇▇▇▇▇▇ St., 16th Floor, Mail Code IL1-231-16-33, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, in its capacity as administrative agent (the "Agent"), and American National Bank and Trust Company of Chicago, with an ------- office at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the "Co-Agent"): ----------