1Survival of Representations and Warranties. All representations and warranties made in the Credit Agreement or any other Loan Document, including, without limitation, any document furnished in connection with this Amendment, shall survive the execution and delivery of this Amendment and the other Loan Documents, and no investigation by Agent or any Lender or any closing shall affect the representations and warranties or the right of Agent and each Lender to rely upon them.
1Survival of Representations and Warranties. The representations and warranties of the Company made herein or in any certificates delivered in connection with the Initial Closing or any subsequent Closing shall survive such Closing without limitation.
1Survival of Representations and Warranties. All representations and warranties made in this Amendment or any other Loan Document including any Loan Document furnished in connection with this Amendment shall survive the execution and delivery of this Amendment and the other Loan Documents, and no investigation by the Administrative Agent or the Lenders or any closing shall affect the representations and warranties or the right of the Administrative Agent and the Lenders to rely upon them.
1Survival of Representations and Warranties. (a)All representations and warranties made by the parties hereto shall survive the Closing, shall not merge in the performance of any obligation by any party hereto, and shall terminate and expire with respect to any “Indemnification Claim” (as herein defined), on the third (3rd) anniversary of the Closing Date. Notwithstanding the foregoing, any Indemnification Claim that is made before the time for making such claim has expired, will remain open for indemnification until such time as such claim has been finally paid, adjudicated or compromised, as the case may be. As used in this Agreement, the following terms have the following meanings:
1Survival of Representations and Warranties. The representations and warranties of the Seller, the Company and the Purchaser contained in this Agreement shall survive each Closing until the third anniversary of each Closing; provided, however, that the representations and warranties made pursuant to Sections 3.1, 3.2, 3.4, 3.5, 3.6 and 4.1, 4.2, and 4.4 shall survive indefinitely. If written notice of a claim has been given prior to the expiration of the applicable representations and warranties, then the relevant representations and warranties shall survive as to such claim, until such claim has been finally resolved.
1Survival of Representations and Warranties. All representations and warranties made by Purchaser and Seller herein shall terminate effective as of the Closing.
1Survival of Representations and Warranties. The representations and warranties of Flaskworks, the Sellers and the Buyer contained in this Agreement, the Ancillary Agreements and any schedule, certificate or other document delivered pursuant hereto or in connection with the transactions contemplated hereby shall be continuing and survive the Closing for a period of twelve (12) months, and shall in no way be affected by any investigation or knowledge of the subject matter thereof made by or on behalf of the Sellers or the Buyer; provided, however that (a) the representations and warranties set forth in Section 3.14 (Taxes) shall survive until the close of business on the 90th day following the expiration of the applicable statute of limitations (giving effect to any waiver, mitigation or extension thereof) and (b) any representation in the case of fraud shall survive the Closing for a period of 20 years. The covenants and agreements of the parties contained in this Agreement and in any Ancillary Agreement shall survive the Closing until the expiration of the statute of limitations following the date all performance thereunder was due to be performed; provided, however, that the obligation to provide indemnification pursuant to and in accordance with the other provisions of this Article VI shall survive for a period of 20 years.
1Survival of Representations and Warranties. If this Agreement is terminated, the representations and warranties in Section 7.1.10, Section 7.1.11, Section 7.1.17, Section 7.2.4, Section 7.2.5 and Section 7.2.6 hereof shall survive such termination until the expiration of the applicable statute of limitations.
1Survival of Representations and Warranties. The representations, warranties, and covenants of Borrower and Lender contained in or made pursuant to this Agreement shall survive for one(1) year following the execution and delivery of this Agreement and the Closing and shall in no way be affected by any investigation of the subject matter thereof made by or on behalf of Lender or Borrower, or their respective counsel, as the case may be.
1Survival of Representations and Warranties. All of the representations and warranties contained in this Agreement will survive the Closing and continue in full force and effect for a period of eighteen (18) months thereafter. The covenants and agreements of the parties contained in this Agreement shall survive the Closing and continue in force and effect for the performance period specified in this Agreement in respect of each of such covenants and agreements.
