Common use of Inspection of Properties and Books Clause in Contracts

Inspection of Properties and Books. So long as any Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "Inspectors") shall have the right upon reasonable notice to the Company and during business hours, at the Purchasers' expense, to visit and inspect any of the properties of the Company and of its subsidiaries, to examine the books of account and records of the Company and of its subsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchasers) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (a) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company), (b) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (c) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any of the Securities, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchaser shall hold beneficially owns any SharesSecurities, such Purchasers Purchaser and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any of the Securities, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "Inspectors") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any of the Securities, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the parties mutually determine on a reasonable basis that the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So From the date hereof until the Closing, and thereafter, for so long as any of the Preferred Stock or Redemption Preferred Stock remains outstanding, each Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential. In each case above, the Company shall be deemed to have satisfied its obligations under this Section 4(l) so long as it employs commercially reasonable efforts to allow each Purchaser to exercise its rights set forth in this Section 4(l).

Inspection of Properties and Books. So long as any Purchaser the Purchasers shall hold any SharesNotes, such the Purchasers and its representatives and agents (collectively, the "Inspectors") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' expense, to visit and inspect any of the properties of the Company and of its subsidiaries, to examine the books of account and records of the Company and of its subsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchasers) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (a) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (b) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (c) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees Purchasers agree that it they shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchaser shall hold any Sharesthe Purchasers continue to hold, in the aggregate, at least five (5) percent of the Company's outstanding Common Stock, such Purchasers and its representatives and agents (collectively, the "Inspectors") shall have the right upon reasonable notice to the Company and during business hours, no more than once in every three month period after the date hereof, or more frequently solely in connection with a proposed underwritten offering in connection with any resale by Purchasers of the Shares, at the Purchasers' expense, to visit and inspect any of the properties of the Company and of its subsidiariesCompany, to examine the books of account and records of the Company and of its subsidiariesCompany, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchasers, and in such case, obligating the Purchasers to hold such information in confidence and to comply with obligations under applicable securities laws) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (a) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (b) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (c) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchaser shall hold any SharesSecurities, such Purchasers Purchaser and its representatives and agents (collectively, the "“Inspectors"”) shall have the right right, at such Purchaser’s expense during normal business hours and upon reasonable notice to the Company and during business hours, at the Purchasers' expensenotice, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers such Purchaser may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (a) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (b) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (c) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any of the Notes or Warrants, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchaser shall hold Holder beneficially owns any SharesSecurities, such Purchasers Holder and its representatives and agents (collectively, the "Inspectors") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Holder's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers such Holder may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Holder) of any such information which that the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser Such Holder agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchaser of the Purchasers or any other institutional investor shall hold any SharesNotes, such Purchasers Purchaser or other holder and its their respective representatives and agents (collectively, the "Inspectors") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' any Purchaser's or such holder's expense, to visit and inspect any of the properties of the Company and of its subsidiaries, to examine the books of account and records of the Company and of its subsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers such Purchaser or such other holder may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchasersa Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (a) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (b) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (c) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j4(o). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any of the Securities, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement registration statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)or that covers any Securities held by any Purchasers, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any the Purchaser shall hold beneficially own any SharesSecurities, such Purchasers the Purchaser and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers Purchaser may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the PurchasersPurchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to registration statement covering the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Securities, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any of the Securities, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)registration statement filed, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as the Purchaser (or any of its affiliates) beneficially owns any of the Securities, each the Purchaser shall hold any Shares, such Purchasers who then holds Securities and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers Purchaser may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the PurchasersPurchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (in which case the Company shall immediately promptly (but in no event more than two trading days after receiving notification from the Inspector) a final determination of which shall be based upon an opinion of outside counsel to Form 8-K with the CompanySEC disclosing such information), (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as the Purchaser (or any of its affiliates) beneficially owns any of the Securities, each the Purchaser shall hold any Shares, such Purchasers who then holds Securities and its representatives and agents (collectively, the "InspectorsINSPECTORS") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers Purchaser may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the PurchasersPurchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (in which case the Company shall immediately promptly (but in no event more than two trading days after receiving notification from the Inspector) a final determination of which shall be based upon an opinion of outside counsel to Form 8-K with the CompanySEC disclosing such information), (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any the Purchaser shall hold any SharesNotes, such Purchasers the Purchaser and its representatives and agents (collectively, the "InspectorsINSPECTORS") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiaries, to examine the books of account and records of the Company and of its subsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers Purchaser may desire; providedPROVIDED, howeverHOWEVER, that each Inspector shall hold in confidence and shall not make any disclosure (except to the PurchasersPurchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (a) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (b) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (c) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j4(p). Each The Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as the Purchaser (or any of its affiliates) beneficially owns any of the Securities, the Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "InspectorsINSPECTORS") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers Purchaser may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the PurchasersPurchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any the Purchaser shall hold any SharesNotes in the aggregate principal amount of $1,000,000, such Purchasers the Purchaser and its representatives and agents (collectively, the "Inspectors") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiaries, to examine the books of account and records of the Company and of its subsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers Purchaser may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the PurchasersPurchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (a) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreements, (b) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (c) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j4(o). Each The Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as the Purchaser (or any Purchaser shall hold of its respective affiliates) beneficially owns any SharesSecurities, such Purchasers Purchaser and its representatives and agents (collectively, the "InspectorsINSPECTORS") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers Purchaser may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchaser of the Purchasers or any other institutional investor shall hold any SharesNotes convertible into at least 100,000 shares of Common Stock, such Purchasers Purchaser or other holder and its their respective representatives and agents (collectively, the "Inspectors") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' any Purchaser's or such holder's expense, to visit and inspect any of the properties of the Company and of its subsidiaries, to examine the books of account and records of the Company and of its subsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers such Purchaser or such other holder may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchasersa Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (a) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (b) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (c) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j4(o). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its it expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, for the information deemed confidential."

Inspection of Properties and Books. So long as any at least three thousand seven hundred and fifty (3,750) shares of Series C Preferred Stock are outstanding and held by the Purchasers (together with their affiliates), each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "InspectorsINSPECTORS") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential. Notwithstanding any of the foregoing, nothing in this Agreement (including, without limitation, this Section 4(m)) shall limit or otherwise affect any Investor's rights to inspect the books of account and records of the Company and of its Subsidiaries pursuant to applicable law, including, without limitation, Section 220 of the Delaware General Corporation Law.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any of the Securities, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the parties mutually determine on a reasonable basis that the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Statement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as the Purchaser (or any of its affiliates) beneficially owns any of the Securities, the Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers Purchaser may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the PurchasersPurchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any of the Securities, each such Purchaser shall hold any Shares, such Purchasers who then holds Securities and its representatives and agents (collectively, the "InspectorsINSPECTORS") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (in which case the Company shall immediately promptly (but in no event more than two trading days after receiving notification from the Inspector) a final determination of which shall be based upon an opinion of outside counsel to Form 8-K with the CompanySEC disclosing such information), (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchaser shall hold beneficially own any SharesSecurities, such Purchasers Purchaser and its representatives and agents (collectively, the "InspectorsINSPECTORS") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers such Purchaser may desire; providedPROVIDED, howeverHOWEVER, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to registration statement covering the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Securities, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any the Purchaser shall hold beneficially own any SharesSecurities, such Purchasers the Purchaser and its representatives and agents (collectively, the "Inspectors") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers Purchaser may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the PurchasersPurchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to registration statement covering the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Securities, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any Securities, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "Inspectors") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any of the Notes, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "“Inspectors"”) shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser’s expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)filed, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any Securities, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "InspectorsINSPECTORS") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.

Inspection of Properties and Books. So long as any Purchasers (or any of their respective affiliates) beneficially own any of the Securities, each such Purchaser shall hold any Shares, such Purchasers and its representatives and agents (collectively, the "InspectorsINSPECTORS") shall have the right upon reasonable notice to the Company and during business hoursright, at the Purchasers' such Purchaser's expense, to visit and inspect any of the properties of the Company and of its subsidiariesSubsidiaries, to examine the books of account and records of the Company and of its subsidiariesSubsidiaries, to make or be provided with copies and extracts therefrom, to discuss the affairs, finances and accounts of the Company and of its subsidiaries Subsidiaries with, and to be advised as to the same by, its and their officers, employees and independent public accountants (and by this provision the Company authorizes such accountants to discuss such affairs, finances and accounts, whether or not a representative of the Company is present) all at such reasonable times and intervals and to such reasonable extent as the Purchasers may desire; provided, however, that each Inspector shall hold in confidence and shall not make any disclosure (except to the Purchaserssuch Purchaser) of any such information which the Company determines in good faith to be confidential, and of which determination the Inspectors are so notified, unless (ai) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement filed pursuant to the Registration Rights Agreement (a final determination of which shall be based upon an opinion of outside counsel to the Company)Agreement, (bii) the release of such information is ordered pursuant to a subpoena or other order from a court or government body of competent jurisdiction, or (ciii) such information has been made generally available to the public other than by disclosure in violation of this or any other agreement. The Company shall not be required to disclose any confidential information to any Inspector until and unless such Inspector shall have entered into confidentiality agreements (in form and substance satisfactory to the Company) with the Company with respect thereto, substantially in the form of this Section 4(j). Each Purchaser agrees that it shall, upon learning that disclosure of such information is sought in or by a court or governmental body of competent jurisdiction or through other means, give prompt notice to the Company and allow the Company, at its expense, to undertake appropriate action to prevent disclosure of, or to obtain a protective order for, the information deemed confidential.