Common use of Binding Effect; Survival Clause in Contracts

Binding Effect; Survival. (a) This Agreement shall be binding upon and inure to the benefit of Seller, Master Servicer, Performance Guarantor, Administrative Agent, each Purchaser, and the provisions of Articles IV and XII shall inure to the benefit of the Affected Parties and Indemnified Parties, respectively, and their respective successors and assigns. (b) Each Liquidity Provider, each Enhancement Provider and each other Affected Party are express third party beneficiaries hereof. Subject to clause (i) of Section B of Appendix A hereto, this Agreement shall not confer any rights or remedies upon any other Person, other than the third party beneficiaries specified in this Section 13.5(b). (c) 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 Seller pursuant to Article VI and the indemnification and payment provisions of Articles IV and XII and Sections 1.2(f), 3.2, 3.3, 11.8, 11.11, 13.4, 13.5, 13.6, 13.7, 13.8, 13.11, 13.12, 13.13, 13.14 and 13.15 shall be continuing and shall survive any termination of this Agreement.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (C. H. Robinson Worldwide, Inc.), Receivables Purchase Agreement (C. H. Robinson Worldwide, Inc.), Receivables Purchase Agreement (C. H. Robinson Worldwide, Inc.)

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Binding Effect; Survival. (a) This Agreement shall be binding upon and inure to the benefit of Seller, Master Servicer, Performance GuarantorCHS, Administrative Agent, each PurchaserPurchaser and each Purchaser Agent, and the provisions of Articles IV Section 4.2 and Article XII shall inure to the benefit of the Affected Parties and Indemnified Parties, respectively, and their respective successors and assigns. (b) Each Liquidity Provider, each Enhancement Provider and each other Affected Party are express third party beneficiaries hereof. Subject to clause (i) of Section B of Appendix A heretoA, this Agreement shall not confer any rights or remedies upon any other Person, other than the third party beneficiaries specified in this Section 13.5(b). (c) 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 Seller pursuant to Article VI and the indemnification and payment provisions of Articles IV and Article XII and Sections 1.2(f), 3.2, 3.3, 4.1, 4.2, 4.3, 11.8, 11.11, 13.4, 13.5, 13.6, 13.7, 13.8, 13.11, 13.12, 13.13, 13.14 13.15, 13.16 and 13.15 13.17 shall be continuing and shall survive any termination of this Agreement.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (CHS Inc), Receivables Purchase Agreement (CHS Inc), Omnibus Amendment (CHS Inc)

Binding Effect; Survival. (a) This Agreement shall be binding upon and inure to the benefit of Sellerthe Borrower, Master ADT, the Servicer, Performance Guarantorthe Collateral Agent, the Administrative Agent, each PurchaserLender, and the provisions of Articles IV Section 4.01 and XII Article XI shall inure to the benefit of the Affected Parties Persons and Indemnified Parties, respectively, and their respective successors and assigns. (b) Each Liquidity Provider, each Enhancement Program Support Provider and each other Affected Party Person are express third party beneficiaries hereof. Subject to clause (i) of Section B of Appendix A hereto, this This Agreement shall not confer any rights or remedies upon any other Person, other than the parties hereto and the third party beneficiaries specified in this Section 13.5(b12.05(b). (c) 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 Seller the Borrower pursuant to Article VI and the indemnification and payment provisions of Articles IV and XII Article XI and Sections 1.2(f)3.02, 3.23.03, 3.34.01, 11.84.02, 11.114.03, 13.410.07, 13.512.04, 13.612.05, 13.712.06, 13.812.07, 13.1112.08, 13.1212.11, 13.1312.12, 13.14 12.13, and 13.15 12.16 shall be continuing and shall survive any termination of this Agreement.

Appears in 3 contracts

Samples: Receivables Financing Agreement (ADT Inc.), Receivables Financing Agreement (ADT Inc.), Receivables Financing Agreement (ADT Inc.)

Binding Effect; Survival. (a) This Agreement shall be binding upon and inure to the benefit of Sellerthe Sellers, Master ServicerSprint Spectrum, Performance Guarantorthe Collateral Agent, each Administrative Agent, each Purchaser, and the provisions of Articles IV Section 4.2 and Article XII shall inure to the benefit of the Affected Parties and Indemnified Parties, respectively, and their respective successors and assigns. (b) Each Liquidity Provider, each Enhancement Provider and each other Affected Party are express third party beneficiaries hereof. Subject to clause (i) of Section B of Appendix A hereto, this Agreement shall not confer any rights or remedies upon any other Person, other than the third party beneficiaries specified in this Section 13.5(b). (c) 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 Seller the Sellers pursuant to Article VI and the indemnification and payment provisions of Articles IV and Article XII and Sections 1.2(f1.2(e), 1.5, 3.2, 3.3, 11.84.1, 11.114.2, 4.3, 11.7, 13.4, 13.5, 13.6, 13.7, 13.8, 13.11, 13.12, 13.13, 13.13 and 13.14 and 13.15 shall be continuing and shall survive any termination of this Agreement.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (SPRINT Corp), Receivables Purchase Agreement (SPRINT Corp), Receivables Purchase Agreement (SPRINT Corp)

Binding Effect; Survival. (a) This Agreement shall be binding upon and inure to the benefit of the Seller, Master ADT, the Servicer, Performance Guarantorthe Collateral Agent, the Administrative Agent, each Purchaser, and the provisions of Articles IV Section 4.2 and Article XII shall inure to the benefit of the Affected Parties and Indemnified Parties, respectively, and their respective successors and assigns. (b) Each Liquidity Provider, each Enhancement Provider Provider, and each other Affected Party are express third party beneficiaries hereof. Subject to clause (i) of Section B of Appendix A hereto, this Agreement shall not confer any rights or remedies upon any other Person, other than the third party beneficiaries specified in this Section 13.5(b). (c) 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 Articles IV and Article XII and Sections 1.2(f1.2(e), 3.2, 3.3, 11.84.1, 11.114.2, 4.3, 11.7, 13.4, 13.5, 13.6, 13.7, 13.8, 13.11, 13.12, 13.13, 13.14 and 13.15 13.16 shall be continuing and shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (ADT Inc.), Receivables Purchase Agreement (ADT Inc.)

Binding Effect; Survival. (a) This Agreement shall be binding upon and inure to the benefit of Sellerthe Sellers, Master ServicerSprint Spectrum, Performance Guarantorthe Collateral Agent, the Administrative Agent, each Purchaser, and the provisions of Articles IV Section 4.2 and Article XII shall inure to the benefit of the Affected Parties and Indemnified Parties, respectively, and their respective successors and assigns. (b) Each Liquidity Provider, each Enhancement Provider Provider, and each other Affected Party are express third party beneficiaries hereof. Subject to clause (i) of Section B of Appendix A hereto, this Agreement shall not confer any rights or remedies upon any other Person, other than the third party beneficiaries specified in this Section 13.5(b). (c) 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 Seller the Sellers pursuant to Article VI and the indemnification and payment provisions of Articles IV and Article XII and Sections 1.2(f1.2(e), 1.5, 3.2, 3.3, 11.84.1, 11.114.2, 4.3, 11.7, 13.4, 13.5, 13.6, 13.7, 13.8, 13.11, 13.12, 13.13, and 13.14 and 13.15 shall be continuing and shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (SPRINT Corp), Receivables Purchase Agreement (SPRINT Corp)

Binding Effect; Survival. (a) a. This Agreement shall be binding upon and inure to the benefit of Seller, Master Servicer, Performance GuarantorCHS, Administrative Agent, each PurchaserPurchaser and each Purchaser Agent, and the provisions of Articles IV Section 4.2 and Article XII shall inure to the benefit of the Affected Parties and Indemnified Parties, respectively, and their respective successors and assigns. (b) b. Each Liquidity Provider, each Enhancement Provider and each other Affected Party are express third party beneficiaries hereof. Subject to clause (i) of Section B of Appendix A heretoA, this Agreement shall not confer any rights or remedies upon any other Person, other than the third party beneficiaries specified in this Section 13.5(b). (c) c. 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 Seller pursuant to Article VI and the indemnification and payment provisions of Articles IV and Article XII and Sections 1.2(f), 3.2, 3.3, 4.1, 4.2, 4.3, 11.8, 11.11, 13.4, 13.5, 13.6, 13.7, 13.8, 13.11, 13.12, 13.13, 13.14 13.15, 13.16 and 13.15 13.17 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Omnibus Amendment (CHS Inc)

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Binding Effect; Survival. (a) This Agreement shall be binding upon and inure to the benefit of Seller, Master Servicer, Performance GuarantorCHS, Administrative Agent, each PurchaserPurchaser and each Purchaser Agent, and the provisions of Articles IV Section 4.2 and Article XII shall inure to the benefit of the Affected Parties and Indemnified Parties, respectively, and their respective successors and assigns. (b) Each Liquidity Provider, each Enhancement Provider and each other Affected Party are express third party beneficiaries hereof. Subject to clause (i) of Section B of Appendix A hereto, this Agreement shall not confer any rights or remedies upon any other Person, other than the third party beneficiaries specified in this Section 13.5(b). (c) 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 Seller pursuant to Article VI and the indemnification and payment provisions of Articles IV and Article XII and Sections 1.2(f), 3.2, 3.3, 4.1, 4.2, 4.3, 11.8, 11.11, 13.4, 13.5, 13.6, 13.7, 13.8, 13.11, 13.12, 13.13, 13.14 13.15, 13.16 and 13.15 13.17 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Financing Agreement (CHS Inc)

Binding Effect; Survival. (a) This Agreement shall be binding upon and inure to the benefit of Seller, Master Servicer, Performance Guarantor, Administrative Agent, each Purchaser, each LOC Issuer and their respective successors and permitted assigns, and the provisions of Articles IV Section 4.2 and Article XII shall inure to the benefit of the Affected Parties, the Secured Parties and the Indemnified Parties, respectively, and in each case, their respective successors and permitted assigns. (b) Each Liquidity Provider, each Enhancement Provider and each other Affected Secured Party are express third party beneficiaries hereof. Subject to clause (i) of Section B of Appendix A hereto, this This Agreement shall not confer any rights or remedies upon any other Person, other than the third party beneficiaries specified in this Section 13.5(b). (c) 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 Seller pursuant to Article VI and the indemnification and payment provisions of Articles IV and Article XII and Sections 1.2(f1.2(e), 3.2, 3.3, 11.84.1, 11.114.2, 4.3, 13.4, 13.5, 13.6, 13.7, 13.8, 13.11, 13.12, 13.13, 13.12 and 13.14 and 13.15 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Mylan Inc.)

Binding Effect; Survival. (a) This Agreement shall be binding upon and inure to the benefit of Seller, Master Servicer, Performance Guarantor, Administrative Agent, each Purchaser, each LOC Issuer and their respective successors and permitted assigns, and the provisions of Articles IV Section 4.2 and Article XII shall inure to the benefit of the Affected Parties, the Secured Parties and the Indemnified Parties, respectively, and in each case, their respective successors and permitted assigns. (b) Each Liquidity Provider, each Enhancement Provider and each other Affected Secured Party are express third party beneficiaries hereof. Subject to clause (i) of Section B of Appendix A hereto, this This Agreement shall not confer any rights or remedies upon any other Person, other than the third party beneficiaries specified in this Section 13.5(b). (c) 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 Seller pursuant to Article VI and the indemnification and payment provisions of Articles IV and Article XII and Sections 1.2(f1.2(e), 3.2, 3.3, 11.84.1, 11.114.2, 4.3, 11.6, 13.4, 13.5, 13.6, 13.7, 13.8, 13.11, 13.12, 13.13, 13.12 and 13.14 and 13.15 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Mylan Inc.)

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