Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be.
Appears in 195 contracts
Sources: Credit Agreement (Nu Skin Enterprises, Inc.), Credit Agreement (Mueller Industries Inc), Second Amendment and Restatement Agreement (Nu Skin Enterprises, Inc.)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be.
Appears in 79 contracts
Sources: Superpriority Secured Debtor in Possession Term Loan Credit Agreement (Spirit Aviation Holdings, Inc.), Term Loan Credit Agreement (RumbleOn, Inc.), Credit Agreement (Frontier Communications Parent, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower such Loan Party or such Subsidiary, as the case may be.
Appears in 56 contracts
Sources: Credit Agreement (Suncrete, Inc.), Credit and Guaranty Agreement (Varex Imaging Corp), Credit Agreement (Concrete Partners Holding, LLC)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Restricted Subsidiary, as the case may be.
Appears in 51 contracts
Sources: Refinancing Amendment to Credit Agreement (Ciena Corp), First Lien Credit Agreement (GMS Inc.), Incremental Amendment Agreement (Ciena Corp)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Company or such Subsidiary, as the case may be.
Appears in 44 contracts
Sources: Credit Agreement (California Water Service Group), Credit Agreement (Watsco Inc), Credit Agreement (Fresh Del Monte Produce Inc)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower or such Restricted Subsidiary, as the case may be.
Appears in 32 contracts
Sources: Credit Agreement (ServiceTitan, Inc.), Credit Agreement (Holley Inc.), Credit Agreement (ServiceTitan, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Company or such Subsidiary, as the case may be, including, if applicable, books and records specifying the year, make, model, cost, price, location and vehicle identification number of each Vehicle owned by the Company or such Subsidiary.
Appears in 26 contracts
Sources: Bridge Facility Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Parent Borrower or such Restricted Subsidiary, as the case may be.
Appears in 25 contracts
Sources: Credit Agreement (Alnylam Pharmaceuticals, Inc.), Credit Agreement (SailPoint, Inc.), Credit Agreement (Gen Digital Inc.)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of Holdings, the Borrower or such Restricted Subsidiary, as the case may be.
Appears in 23 contracts
Sources: Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions transactions, and if and to the extent required by GAAP, matters involving the assets and business of the Borrower or such Restricted Subsidiary, as the case may be.
Appears in 19 contracts
Sources: Libor Hardwire Transition Amendment (Yesway, Inc.), Joinder and Amendment Agreement (Yesway, Inc.), Libor Hardwire Transition Amendment (Yesway, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may beeach Consolidated Party.
Appears in 19 contracts
Sources: Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust)
Books and Records. Maintain proper books of record and account, account in which full, true and correct entries a manner to allow financial statements to be prepared in conformity with GAAP consistently applied shall be made in respect of all material financial transactions and matters involving the material assets and business of the Borrower or such Subsidiary, and its Subsidiaries taken as the case a whole (it being understood and agreed that each Foreign Subsidiary may bemaintain individual books and records in a manner to allow financial statements to be prepared in conformity with generally accepted accounting principles that are applicable in its jurisdiction of organization).
Appears in 18 contracts
Sources: Credit Agreement (Warner Music Group Corp.), Incremental Commitment Amendment (Warner Music Group Corp.), Credit Agreement (Warner Music Group Corp.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be; and (b) maintain such books of record and account in material conformity with all applicable requirements of any Governmental Authority having regulatory jurisdiction over the Borrower or such Subsidiary, as the case may be.
Appears in 18 contracts
Sources: Reimbursement Agreement (Irobot Corp), Credit Agreement (Irobot Corp), Reimbursement Agreement (Irobot Corp)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and as are sufficient to permit the preparation of financial statements in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower or such SubsidiaryLoan Parties, as the case may be.
Appears in 17 contracts
Sources: Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made in all material respects of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be.
Appears in 16 contracts
Sources: Credit Agreement (Dayton Power & Light Co), Third Amended and Restated Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co)
Books and Records. Maintain proper books of record and account, in which entries are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of and which reflect all material financial transactions and matters involving the assets and business of the Borrower Loan Parties or such a Restricted Subsidiary, as the case may be.
Appears in 16 contracts
Sources: Credit Agreement (Uniti Group Inc.), Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower Company or such Subsidiary, as the case may be.
Appears in 15 contracts
Sources: Credit Agreement (Acelity L.P. Inc.), Credit Agreement (Acelity L.P. Inc.), Credit Agreement (UTAC Holdings Ltd.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the each Borrower or such Subsidiary, as the case may be.
Appears in 15 contracts
Sources: Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp), Credit Agreement (USD Partners LP)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower Holdings or such Subsidiary, as the case may be.
Appears in 14 contracts
Sources: Credit Agreement (Array Technologies, Inc.), Credit Agreement (Windstream Parent, Inc.), Credit Agreement (Windstream Parent, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower any Loan Party or such its Subsidiary, as the case may be.
Appears in 13 contracts
Sources: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Janus Living, Inc.), Term Loan Agreement (Healthpeak Properties, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity a manner sufficient to prepare financial statements in accordance with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower such Loan Party or such Subsidiary, as the case may be.
Appears in 12 contracts
Sources: Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or and such Subsidiary, as the case may be.
Appears in 12 contracts
Sources: Credit Agreement (Targa Resources Corp.), Third Amendment and Restatement Agreement (Targa Resources Partners LP), Credit Agreement (Targa Resources Corp.)
Books and Records. Maintain proper books of record records and account, accounts in which full, true and correct entries in conformity with GAAP GAAP, consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such SubsidiaryBorrower, as the case may beeach other Loan Party and their Subsidiaries.
Appears in 12 contracts
Sources: Credit Agreement (First Trust Private Assets Fund), Credit Agreement (First Trust Hedged Strategies Fund), Credit Agreement (First Trust Alternative Opportunities Fund)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall will be made of all financial transactions and matters involving the assets and business of the Borrower Company or such Material Subsidiary, as the case may be.
Appears in 12 contracts
Sources: Credit Agreement (Starbucks Corp), Credit Agreement (Starbucks Corp), 364 Day Credit Agreement (Starbucks Corp)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower such Credit Party or such Subsidiary, as the case may be.
Appears in 12 contracts
Sources: Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.)
Books and Records. Maintain Keep proper books of record records and account, account in which full, true and correct entries in conformity in all material respects with GAAP consistently applied shall be made of all financial dealings and transactions in relation to its business and matters involving the assets and business of the Borrower or such Subsidiary, as the case may beactivities.
Appears in 12 contracts
Sources: u.s. Receivables Loan Agreement (Huntsman International LLC), u.s. Receivables Loan Agreement (Huntsman International LLC), u.s. Receivables Loan Agreement, u.s. Servicing Agreement, u.s. Receivables Purchase Agreement (Huntsman International LLC)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries a manner to allow financial statements to be prepared in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the such Borrower or such Restricted Subsidiary, as the case may be.
Appears in 12 contracts
Sources: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.), Seventh Amendment and Restatement Agreement (Fidelity National Information Services, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the its assets and business business; and maintain such books of the Borrower or such Subsidiary, as the case may berecord and account in material conformity with all applicable requirements of any Governmental Authority having regulatory jurisdiction over it.
Appears in 12 contracts
Sources: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the its assets and business business; and (b) maintain such books of the Borrower or such Subsidiary, as the case may berecord and account in material conformity with all applicable requirements of any Governmental Authority having regulatory jurisdiction over it.
Appears in 11 contracts
Sources: Credit Agreement (Sunoco Logistics Partners Lp), Credit Agreement (Markwest Energy Partners L P), Credit Agreement (Sunoco Logistics Partners Lp)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Company or such Restricted Subsidiary, as the case may be.
Appears in 11 contracts
Sources: Credit Agreement (Mastec Inc), Term Loan Agreement (Mastec Inc), Credit Agreement (Mastec Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of Holdings, the Borrower or such Subsidiary, as the case may be.
Appears in 11 contracts
Sources: Ratification and Amendment Agreement (Cenveo, Inc), Senior Secured Super Priority Priming Debtor in Possession Credit Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries entries, in all material respects, in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Holdings or such any Restricted Subsidiary, as the case may be.
Appears in 11 contracts
Sources: Credit Agreement (Acuren Corp), Credit Agreement (APi Group Corp), Amendment No. 7 to Credit Agreement (APi Group Corp)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may beBorrower.
Appears in 9 contracts
Sources: Credit Agreement, Margin Loan Agreement (Gazit-Globe LTD), Credit Agreement (Solarcity Corp)
Books and Records. Maintain proper adequate books of record and accountrecords, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiaryand its Restricted Subsidiaries, as the case may be.
Appears in 8 contracts
Sources: Credit Agreement (Equinix Inc), Credit Agreement (Equinix Inc), Credit Agreement (Equinix Inc)
Books and Records. Maintain proper books of record and account, account in which full, true and correct entries a manner to allow financial statements to be prepared in conformity with GAAP consistently applied shall be made in respect of all material financial transactions and matters involving the assets and business of the Borrower or such SubsidiaryFacility Guarantor and its Subsidiaries, taken as the case may bea whole.
Appears in 8 contracts
Sources: Credit Agreement (Warner Bros. Discovery, Inc.), Credit Agreement (Warner Bros. Discovery, Inc.), Credit Agreement (Warner Bros. Discovery, Inc.)
Books and Records. Maintain or cause to be maintained proper books of record and account, in which full, true and correct entries entries, in material conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such any Subsidiary, as the case may be.
Appears in 8 contracts
Sources: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in all material respects in conformity with GAAP (other than the books and records of Foreign Subsidiaries that are kept in accordance with local accounting rules) consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower Company or such Restricted Subsidiary, as the case may be.
Appears in 8 contracts
Sources: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of Holdings, the Borrower or such Subsidiary, as the case may be.
Appears in 8 contracts
Sources: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all financial material transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be.
Appears in 8 contracts
Sources: Credit Agreement (Puget Sound Energy Inc), Credit Agreement (Puget Sound Energy Inc), Term Loan Agreement (Puget Sound Energy Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP and, in the case of a Foreign Subsidiary, applicable statutory reporting requirements, consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Company or such Significant Subsidiary, as the case may be, as and to the extent required thereby.
Appears in 8 contracts
Sources: Revolving Credit Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries a manner to allow financial statements to be prepared in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the The Borrower or such Restricted Subsidiary, as the case may be.
Appears in 8 contracts
Sources: Credit Agreement (Dun & Bradstreet Holdings, Inc.), Credit Agreement (Dun & Bradstreet Holdings, Inc.), Credit Agreement (Dun & Bradstreet Holdings, Inc.)
Books and Records. Maintain proper books of record and account, in which which, in all material respects, full, true and correct entries in conformity in all material respects with GAAP (to the extent applicable) consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such SubsidiaryGroup Member, as the case may be.
Appears in 8 contracts
Sources: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Parent Borrower or such Subsidiary, as the case may be.
Appears in 8 contracts
Sources: Credit Agreement (Restaurant Brands International Inc.), Credit Agreement (Restaurant Brands International Limited Partnership), Credit Agreement (Restaurant Brands International Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower such Loan Parties or such Subsidiary, as the case may be.
Appears in 7 contracts
Sources: Term Loan and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks Group Inc.), Term Loan and Security Agreement (Birks Group Inc.)
Books and Records. Maintain proper books of record and accountBooks, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets assets, properties and business of the Borrower such Credit Party (or such Subsidiary, as the case may be).
Appears in 7 contracts
Sources: Loan Agreement (Precigen, Inc.), Loan Agreement (Geron Corp), Loan Agreement (INSMED Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries entries, in all material respects, in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower ESI or such Subsidiaryany of its Restricted Subsidiaries, as the case may be.
Appears in 7 contracts
Sources: Credit Agreement (Element Solutions Inc), Credit Agreement (Element Solutions Inc), Credit Agreement (Element Solutions Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries a manner to allow financial statements to be prepared in all material respects in conformity with GAAP consistently applied shall be made in respect of all financial transactions and matters involving the assets and business of the Borrower Borrowers or, if applicable, Holdings or such Subsidiary, as the case may bebe (it being understood and agreed that Foreign Subsidiaries may maintain individual books and records in conformity with generally accepted accounting principles that are applicable in their respective jurisdiction of organization).
Appears in 7 contracts
Sources: Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Paya Holdings Inc.), Credit Agreement (Maravai Lifesciences Holdings, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Credit Agreement (Cohen & Steers, Inc.), Credit Agreement (Franklin Resources Inc), Credit Agreement (Cohen & Steers, Inc.)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP (or applicable local standards) consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower or such any Subsidiary, as the case may be.
Appears in 7 contracts
Sources: Credit Agreement (Broadcom Inc.), Credit Agreement (Broadcom Inc.), Credit Agreement (Broadcom Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct in all material respects entries in conformity with GAAP consistently applied shall be made of all material financial transactions and material matters involving the assets and business of the Borrower Company or such Subsidiary, as the case may be, including, if applicable, books and records specifying the year, make, model, cost, price, location and vehicle identification number of each Vehicle owned by the Company or such Subsidiary.
Appears in 7 contracts
Sources: Fourth Amended and Restated Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be.
Appears in 7 contracts
Sources: Reimbursement and Security Agreement (Amyris Biotechnologies Inc), Credit Agreement (Herbst Gaming Inc), Senior Term Loan Agreement (Wci Communities Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity in all material respects with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be.
Appears in 7 contracts
Sources: Amendment Agreement No. 10 (Avient Corp), Amendment Agreement (Avient Corp), Amendment Agreement (Avient Corp)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity in all material respects with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower such Credit Party or such Subsidiary, as the case may be.
Appears in 7 contracts
Sources: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall will be made of all financial transactions and matters involving the its assets and business of the Borrower or such Subsidiary, as the case may bebusiness.
Appears in 7 contracts
Sources: Cash Bridge Credit and Guaranty Agreement (Actavis PLC), Revolving Credit and Guaranty Agreement (Actavis PLC), Wc Term Loan Credit and Guaranty Agreement (Actavis PLC)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Loan Parties or such Subsidiaryany of the Subsidiaries, as the case may be.
Appears in 7 contracts
Sources: Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in all material respects in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower such Loan Party or such Subsidiary, as the case may be.
Appears in 7 contracts
Sources: Fifth Amendment to Third Amended and Restated Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.), Term Loan Credit Agreement (Construction Partners, Inc.)
Books and Records. Maintain proper books of record and account, account in which full, true and correct entries a manner to allow financial statements to be prepared in conformity with GAAP consistently applied shall be made in respect of all financial transactions and matters involving the assets and business of the Borrower or such Restricted Subsidiary, as the case may be.
Appears in 6 contracts
Sources: Credit Agreement, Second Lien Credit Agreement (Syniverse Holdings Inc), Credit Agreement (Syniverse Holdings Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and material matters involving the assets and business of the Borrower or such Restricted Subsidiary, as the case may be.
Appears in 6 contracts
Sources: Credit Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.), First Lien Credit Agreement (American Renal Associates Holdings, Inc.)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of Holdings, the Borrower or such any Restricted Subsidiary, as the case may be.
Appears in 6 contracts
Sources: Credit Agreement (Performance Food Group Co), Senior Secured Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Holdings or such Subsidiary, as the case may be.
Appears in 6 contracts
Sources: Credit Agreement (Masonite International Corp), Credit Agreement (Masonite International Corp), Credit Agreement (Masonite International Corp)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in all material respects in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Restricted Subsidiary, as the case may be.
Appears in 6 contracts
Sources: First Lien Credit Agreement (Traeger, Inc.), Second Lien Credit Agreement (TGPX Holdings I LLC), Amendment No. 2 (TGPX Holdings I LLC)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiaryits Subsidiaries, as the case may be.
Appears in 6 contracts
Sources: Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.)
Books and Records. Maintain proper books of record and account, in which with entries that are full, true and correct entries in all material respects in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Company or such Restricted Subsidiary, as the case may be.
Appears in 6 contracts
Sources: Credit Agreement (Ceco Environmental Corp), Credit Agreement (Ceco Environmental Corp), Credit Agreement (Ceco Environmental Corp)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries sufficient to prepare financial statements in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Company or such Subsidiary, as the case may be.
Appears in 6 contracts
Sources: Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be; provided, that such books of record and account, and entries therein in, of Foreign Subsidiaries shall conform with the generally accepted (or customary) financial practices and statutory requirements of its jurisdiction.
Appears in 6 contracts
Sources: Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Borrowers or such Subsidiary, as the case may be.
Appears in 6 contracts
Sources: Credit Agreement (Imation Corp), Credit Agreement (Imation Corp), Credit Agreement (Imation Corp)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Company or such Subsidiary, as the case may be; and (b) maintain such books of record and account in material conformity with all applicable requirements of any Governmental Authority having regulatory jurisdiction over the Company or such Subsidiary, as the case may be.
Appears in 6 contracts
Sources: Credit Agreement (Columbus McKinnon Corp), Credit Agreement (Stericycle Inc), Credit Agreement (WEX Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of each Borrower and each Subsidiary, as the case may be; and (b) maintain such books of record and account in material conformity with all applicable requirements of any Governmental Authority having regulatory jurisdiction over each Borrower or such and each Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Loan and Security Agreement (Callaway Golf Co), Loan and Security Agreement (Callaway Golf Co), Loan and Security Agreement (Callaway Golf Co)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Toro or such Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Credit Agreement (Toro Co), Credit Agreement (Toro Co), Credit Agreement (Toro Co)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Limited or such Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Credit Agreement (Helen of Troy LTD), Term Loan Credit Agreement (Helen of Troy LTD), Credit Agreement (Helen of Troy LTD)
Books and Records. Maintain proper books of record and account, in which full, true and correct correct, in all material respects, entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower such Loan Party or such Restricted Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Coeur Mining, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct in all material respects entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Credit Agreement (NVR Inc), Credit Agreement (NVR Inc), Credit Agreement (NVR Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the such Borrower or such Restricted Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of Holdings, the Lead Borrower or such any Restricted Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Credit Agreement (Polymer Group Inc), Credit Agreement (Dominion Textile (Usa), L.L.C.), Credit Agreement (Dominion Textile (Usa), L.L.C.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Credit Agreement (Diamond Foods Inc), Credit Agreement (Temple Inland Inc), Credit Agreement (Temple Inland Inc)
Books and Records. Maintain proper books of record and account, in which entries are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of in all material respects and which reflect all material financial transactions and matters involving the assets and business of the Borrower Loan Parties or such a Restricted Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Credit Agreement, Credit Agreement (Meredith Corp), Credit Agreement (Time Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Company or such Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Term Loan Credit Agreement (Towers Watson & Co.), Term Loan Credit Agreement (Towers Watson & Co.), Credit Agreement (Towers Watson & Co.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity in all material respects with GAAP and SAP, as applicable, consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower or such Material Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Revolving Credit Agreement (Pmi Group Inc), Bridge Loan Credit Agreement (Pmi Group Inc), Revolving Credit Agreement (Pmi Group Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the its assets and business of the Borrower or such Subsidiary, as the case may bebusiness.
Appears in 5 contracts
Sources: Credit Agreement (Gentherm Inc), Credit Agreement (Gentherm Inc), Credit Agreement (GENTHERM Inc)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of Parent, Foreign Holdings, Holdings, the Borrower or such Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Credit Agreement (Freescale Semiconductor, Ltd.), Credit Agreement (Freescale Semiconductor Holdings I, Ltd.), Credit Agreement (Freescale Semiconductor Holdings I, Ltd.)
Books and Records. Maintain proper books of record and account, in which full, true and correct in all material respects entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower such Loan Party or such Subsidiary, as the case may be.
Appears in 5 contracts
Sources: Credit Agreement (Silicon Laboratories Inc.), Credit Agreement (Silicon Laboratories Inc.), Credit Agreement (Silicon Laboratories Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower any Loan Party or such Subsidiaryits Subsidiaries, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of regarding all financial transactions and matters involving the assets and business of the Borrower or such Restricted Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Copano Energy, L.L.C.), Loan Agreement (Copano Energy, L.L.C.), Credit Agreement (Copano Energy, L.L.C.)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of Holdings, the Borrower Borrowers or such Restricted Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Specified U.S. Borrower or such Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Broan-NuTone LLC)
Books and Records. Maintain proper books of record and account, in which in all material respects full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower such Loan Party or such Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Nuvasive Inc), Credit Agreement (Nuvasive Inc), Credit Agreement (Nuvasive Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower such Loan Party or such Subsidiary, as the case may be. The Loan Parties shall maintain all of their books of record and account (or copies thereof) at the headquarter location of the Loan Parties identified on Schedule 5.21.
Appears in 4 contracts
Sources: Credit Agreement (Hackett Group, Inc.), Credit Agreement (Hackett Group, Inc.), Credit Agreement (Hackett Group, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower any Credit Party or such its Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Loan Parties or such Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit and Security Agreement (Inseego Corp.), Unsecured Promissory Note (Childrens Place, Inc.), Unsecured Promissory Note (Childrens Place, Inc.)
Books and Records. Maintain adequate records and proper books of record and account, in which full, true complete and correct entries in all material respects and in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Company or such Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial Group Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of such Borrower or such Subsidiary, as the case may be, in all material respects; and maintain such books of record and account in material conformity with all applicable requirements of any Governmental Authority having regulatory jurisdiction over such Borrower or such Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Corinthian Colleges Inc)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Bj Services Co), Credit Agreement (Bj Services Co), 364 Day Credit Agreement (Bj Services Co)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower applicable Loan Party or such Restricted Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (SemGroup Energy Partners, L.P.), Credit Agreement (SemGroup Energy Partners, L.P.), Credit Agreement (SemGroup Energy Partners, L.P.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Holdings or such Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in all material respects in conformity with GAAP (or applicable local standards) consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower or such Company and each Subsidiary, taken as the case may bea whole.
Appears in 4 contracts
Sources: Credit Agreement (Revvity, Inc.), Credit Agreement (Revvity, Inc.), Credit Agreement (Perkinelmer Inc)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the material assets and business of the Borrower Parent or such a Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (ARC Group Worldwide, Inc.), Credit Agreement (ARC Group Worldwide, Inc.), Credit Agreement (ARC Group Worldwide, Inc.)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower or such any Subsidiary, as the case may be.
Appears in 4 contracts
Sources: First Lien Credit Agreement (Royal Resources Partners LP), Second Lien Credit Agreement (Royal Resources Partners LP), First Lien Credit Agreement (Royal Resources Partners LP)
Books and Records. Maintain proper books of record and account, in which entries that are full, true and correct entries in all material respects and are in conformity with GAAP consistently applied shall be made of all material financial transactions and matters involving the assets and business of the Borrower Holdings, Company or such Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Education Management Corporation), Credit and Guaranty Agreement (AID Restaurant, Inc.), Credit and Guaranty Agreement (Education Management LLC)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries (in all material respects) in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower Limited or such Subsidiary, as the case may be.
Appears in 4 contracts
Sources: Credit Agreement (Helen of Troy LTD), Credit Agreement (Helen of Troy LTD), Credit Agreement (Helen of Troy LTD)
Books and Records. Maintain proper books of record and account, in which full, true and correct entries in conformity conformity, in all material respects, with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower such Loan Party or such Restricted Subsidiary, as the case may be.
Appears in 3 contracts
Sources: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)