Common use of Binding Effect; Survival Clause in Contracts

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the Agents, the Investors and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.11, 14.12 and 14.14 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Partythe Loan Parties, the AgentsAdministrative Agent, the Investors Lenders and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller Borrower pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8, 14.14 and 14.14 14.16 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller PartySeller, Parent, the AgentsAdministrator, the Investors each Purchaser and their respective successors and assigns, and the provisions of Section 4.2 4.02 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller or Parent pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.24.02, 14.514.05, 14.614.06, 14.7 14.1114.07, 14.12 14.08 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller PartySeller, Servicer, the AgentsAdministrator, the Investors Purchasers and their respective successors and permitted assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and permitted assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Section 12.1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and or warranty made by the Seller or pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Partythe Borrower, the AgentsAgent, the Investors Lenders and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller Borrower pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Partythe Loan Parties, the AgentsAdministrative Agent, the Investors Lenders and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; providedPROVIDED, howeverHOWEVER, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller Borrower pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Partythe Loan Parties, the AgentsAdministrative Agent, the Investors Lenders and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section Section 12.1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller Borrower pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8, 14.14 and 14.14 14.16 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the AgentsAdministrator, the Investors Relationship Bank, Purchaser and their respective successors and assigns, and the provisions of Section 4.2 4.02 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.24.02, 14.514.05, 14.614.06, 14.7 14.1114.07, 14.12 14.08 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Partythe Loan Parties, the AgentsAdministrative Agent, the Investors Lenders and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller Borrower pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Transaction Party, the AgentsAdministrator, the Investors Transferee and their respective successors and assigns, and the provisions of Section 4.2 4.02 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller Transferor pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.24.02, 14.514.05, 14.614.06, 14.7 14.1114.07, 14.12 14.08 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the Agents, the Investors Purchasers and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.11, 14.12 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller PartySeller, the AgentsAdministrator, the Investors Relationship Bank, Purchaser and their respective successors and assigns, and the provisions of Section 4.2 4.02 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112.01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.24.02, 14.514.05, 14.614.06, 14.7 14.1114.07, 14.12 14.08 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the Agents, the Investors parties hereto and their respective successors and assigns, and the provisions of Section 4.2 4.02 and Article XIII XII shall inure to the benefit of the Affected 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 Section 12.111.01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller Borrower or the Servicer pursuant to Article VI and the indemnification and payment provisions of Article XIII XII and Sections 4.24.02, 14.5and each of Sections 13.05, 14.613.06, 14.7 14.1113.07, 14.12 13.08 and 14.14 13.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller PartySeller, Parent, the AgentsAdministrator, the Investors each Purchaser, each Agent and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller or Parent pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the AgentsAdministrator, the Investors Purchaser and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Loan Party, the AgentsAdministrator, the Investors Lender and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller Borrower pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Partythe Borrower, the AgentsAgent and the Lenders, the Investors and their respective successors and assigns, and the provisions of Section 4.2 4.02 and Article XIII XI shall inure to the benefit of the Affected 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 Section 12.19.06 or Section 10.01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Seller Borrower pursuant to Article VI and the indemnification and payment provisions of Article XIII Articles IX and XI and Sections 4.22.06, 14.54.02, 14.613.05, 14.7 14.11, 14.12 13.06 and 14.14 13.12 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller PartySeller, Parent, the AgentsAdministrator, the Investors Purchasers, the Agents and their respective successors and assigns, and the provisions of Section 4.2 4.02 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller or Parent pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.24.02, 14.514.05, 14.614.06, 14.7 14.1114.07, 14.12 14.08 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the AgentsAgent, the Investors Purchaser and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.. 49

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller PartySeller, UPAC, the AgentsAgent, the Investors Purchaser and their respective successors and assigns, and the provisions of Section 4.2 Sections 4.02 and 14.03 and Article XIII shall inure to the benefit of the Affected 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 Section 12.1any 01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller or UPAC pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.24.02, 14.514.05, 14.614.06, 14.7 14.1114.07, 14.12 14.08 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.any

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the Agents, the Investors Purchasers and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.11, 14.12 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the AgentsAdministrative Agent, the Investors Purchaser and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the Agents, the Investors Purchasers and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.1114.7, 14.12 14.8 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the AgentsAdministrator, the Investors Purchaser and their respective successors and assigns, and the provisions of Section 4.2 4.02 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.24.02, 14.514.05, 14.614.06, 14.7 14.1114.07, 14.12 14.08 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the AgentsAdministrative Agent, the Investors Purchaser and their respective successors and assigns, and the provisions of Section 4.2 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 1. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.2, 14.5, 14.6, 14.7 14.11, 14.12 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Party, the Agents, the Investors parties hereto and their respective successors and assigns, and the provisions of Section 4.2 4.02 and Article XIII XII shall inure to the benefit of the Affected 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 Section 12.111.01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller Borrower or the Servicer pursuant to Article VI and the indemnification and payment provisions of Article XIII XII and Sections 4.24.02, 14.5and each of Sections 13.05, 14.613.06, 14.7 14.1113.07, 14.12 13.08, 13.15 and 14.14 13.16 shall be continuing and shall survive any termination of this Agreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of each Seller Transaction Party, the AgentsAdministrator, the Investors Insurer, Transferee and their respective successors and assigns, and the provisions of Section 4.2 4.02 and Article XIII shall inure to the benefit of the Affected 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 Section 12.112. 01. 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 the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller Transferor pursuant to Article VI and the indemnification and payment provisions of Article XIII and Sections 4.24.02, 14.514.05, 14.614.06, 14.7 14.1114.07, 14.12 14.08 and 14.14 14.15 shall be continuing and shall survive any termination of this Agreement.