Common use of Binding Effect; Survival Clause in Contracts

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agent, the ServicerLender Agents, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified PartiesIndemnitees, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction DocumentCollateral Manager.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or Investment Manager under any other Transaction Documentthe Investment Management Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Facility Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V and Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Agent, the ServicerLender Agents, the Collateral Agent, the Collateral Document Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified PartiesIndemnitees, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction DocumentServicer.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Agent, the ServicerLender Agents, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified PartiesIndemnitees, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction DocumentCollateral Manager.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Facility Agent, the ServicerAgents, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction DocumentServicer.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Facility Agent, the ServicerServices Provider, the Agents, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V and Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer Services Provider hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agent, the ServicerAgents, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or Investment Manager under any other Transaction Documentthe Investment Management Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Agents, the Administrative Agent, the ServicerPaying Agent, the Backup Collateral Manager, the Collateral AgentManager, the Collateral Custodian TPVG and their respective successors and assigns, and the provisions of Section 4.3, Article V, V and Article XVI XVII shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXVI. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI XVII and the provisions of Section 17.1018.10, Section 17.11 18.11 and Section 17.12 18.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any PersonTPVG’s rights to act as Servicer Collateral Manager hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agents, the Facility Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Facility Agent, the ServicerAgents, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or Investment Manager under any other Transaction Documentthe Investment Management Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agents, the Facility Agent, the ServicerPaying Agent, the Backup Collateral Manager, the Collateral AgentManager, the Collateral Custodian TPVG and their respective successors and assigns, and the provisions of Section 4.3, Article V, V and Article XVI XVII shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXVI. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI XVII and the provisions of Section 17.1018.10, Section 17.11 18.11 and Section 17.12 18.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any PersonTPVG’s rights to act as Servicer Collateral Manager hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerBxxxxxxx, the Lenders, the Administrative Facility Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V and Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Agent, the ServicerLender Agents, the Collateral Agent, the Collateral Administrator, the Document Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified PartiesIndemnitees, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.1017.11, Section 17.11 17.12 and Section 17.12 17.13 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction DocumentServicer.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Agents, the Administrative Agent, the Servicer, the Collateral Paying Agent, the Collateral Custodian Manager, TPVG and their respective successors and assigns, and the provisions of Section 4.3, Article V, V and Article XVI XVII shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXVI. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI XVII and the provisions of Section 17.1018.10, Section 17.11 18.11 and Section 17.12 18.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any PersonTPVG’s rights to act as Servicer Collateral Manager hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Agents, the Facility Agent, the ServicerPaying Agent, the Backup Collateral Manager, the Custodian, the Collateral AgentManager, the Collateral Custodian TPVG and their respective successors and assigns, and the provisions of Section 4.3, Article V, V and Article XVI XVII shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXVI. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI XVII and the provisions of Section 17.1018.10, Section 17.11 18.11 and Section 17.12 18.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any PersonTPVG’s rights to act as Servicer Collateral Manager hereunder or under any other Transaction Document.. Section 18.6

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, -118- and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Facility Agent, the ServicerAgents, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction DocumentServicer.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrowerthe Seller, the LendersPurchasers, the Administrative Administrator, the Servicer the Agent, the Servicer, the Collateral Agent, the Collateral Custodian each Purchaser Agent and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI VI shall inure to the benefit of the Affected Persons Funding Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVSection 9.8. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid terminated in cash and performedaccordance with Section 9.1. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower Seller, the Administrator or the Servicer pursuant to Article IX IV and the indemnification and payment provisions of Article VVI, Article XVI Sections 9.11 and 9.12 and any breach by the provisions of Section 17.10Seller, Section 17.11 and Section 17.12 the Servicer or the Administrator pursuant to Sections 4.1(e) or 5.1(g) shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer or the Administrator hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agents, the Facility Agent, the ServicerPaying Agent, the Backup Collateral Manager, the Collateral AgentManager, the Collateral Custodian TPVG and their respective successors and assigns, and the provisions of Section 4.3, Article V, V and Article XVI XVII shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXVI. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI XVII and the provisions of Section 17.1018.10, Section 17.11 18.11 and Section 17.12 18.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any PersonTPVG’s rights to act as Servicer Collateral Manager hereunder or under any other Transaction Document.. 144

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Lenders, the Administrative Facility Agent, the Servicer, the Collateral Agent, the Collateral Administrator, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Facility Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 17.11(b) shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agents, the Facility Agent, the ServicerPaying Agent, the Backup Collateral Manager, the Custodian, the Collateral AgentManager, the Collateral Custodian TPVG and their respective successors and assigns, and the provisions of Section 4.3, Article V, V and Article XVI XVII shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXVI. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI XVII and the provisions of Section 17.1018.10, Section 17.11 18.11 and Section 17.12 18.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any PersonTPVG’s rights to act as Servicer Collateral Manager hereunder or under any other Transaction Document.. 146

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agent, the ServicerLender Agents, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified PartiesIndemnitees, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction DocumentServicer.

Binding Effect; Survival. This Agreement shall be binding ------------------------ upon and inure to the benefit of Borrower, the LendersSunTrust, the Administrative AgentXxxxx, the ServicerLender, the Collateral AgentAdministrator, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, VI and Article XVI XIV shall inure to the benefit of the Affected Persons Parties ---------- ----------- and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to -------- ------- authorize any assignment not permitted by Article XVXIII. This Agreement shall ------------ create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to such time, after the immediately following sentence) such time Commitment Termination Date, when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Servicer pursuant to Article IX VIII and the indemnification and payment provisions of ------------ Article VXIV and Article VI, Article XVI Sections 15.4, 15.11 and the provisions of Section 17.10, Section 17.11 and Section 17.12 15.12 shall be continuing ----------- ---------- ------------- ----- ----- and shall survive any termination of this Agreement and any termination of the any Person’s Dixie's rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Facility Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 17.11(b) shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Agent, the ServicerLender Agents, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified PartiesIndemnitees, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction DocumentServicer.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Agent, the Facility Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 17.11(b) shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Facility Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Facility Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V and Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerBxxxxxxx, the Lenders, the Administrative Agent, the ServicerLender Agents, the Collateral Agent, the Collateral Administrator, the Document Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified PartiesIndemnitees, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.1017.11, Section 17.11 17.12 and Section 17.12 17.13 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction DocumentServicer.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerXxxxxxxx, the Lenders, the Administrative Agents, the Facility Agent, the Servicer, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the Lenders, the Administrative Facility Agent, the ServicerAgents, the Collateral Agent, the Collateral Custodian and their respective successors and assigns, and the provisions of Section 4.3, Article V, and Article XVI shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to the immediately following sentence) such time when all Obligations have been finally and fully paid in cash and performed. The rights and -122- remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article V, V. Article XVI and the provisions of Section 17.10, Section 17.11 and Section 17.12 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s rights to act as Servicer hereunder or Investment Manager under any other Transaction Documentthe Investment Management Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Lenders, the Administrative Agent, the ServicerKBK, the Collateral Agent, the Collateral Custodian Liquidity Agent, the Lender, the Administrative Agent, and their respective successors and assigns, and the provisions of Section 4.3Article IV, Article VVI, Article XIV and Article XVI XV shall inure to the benefit of the Affected Persons Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to such time, after the immediately following sentence) such time Commitment Termination Date when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or KBK pursuant to Article IX VIII and the indemnification and payment provisions of Article VXIV and Article VI, Article XVI Sections 15.4 and the provisions of Section 17.10, Section 17.11 and Section 17.12 15.11 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s KBK's rights to act as the Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Lenders, the Administrative Agent, the ServicerInvestors, the Collateral Agent, the Collateral Custodian Custodian, the Servicer, Drive, the Agent and their respective successors and assigns, and the provisions of Section 4.35.1(b), Article VVI, Section 12.1 and Article XVI XVII shall inure to the benefit of the Affected Persons and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXVI. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until (subject to such time, after the immediately following sentence) such time Facility Termination Date when all Obligations have been finally and fully paid in cash and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX X and the indemnification and payment provisions of Article VVI, Section 12.1 and Article XVI XVII and the provisions of Section 17.1018.10, Section 17.11 18.12 and Section 17.12 18.13 shall be continuing and shall survive any termination of this Agreement and any termination of the any Person’s Drive's rights to act as Servicer hereunder or under any other Transaction Document.