Common use of Binding Effect; Survival Clause in Contracts

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Seller, Servicer, the Administrator, the Relationship Bank, Purchaser and their respective successors and assigns, and the provisions of SECTION 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. 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 Seller pursuant to ARTICLE VI and the indemnification and payment provisions of ARTICLE XIII and SECTIONS 4.02, 14.05, 14.06, 14.07, 14.08 and 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 Sellerthe Transferor, ServicerIKON Capital, the AdministratorAgent, the Relationship Bank, Purchaser Transferee and their respective successors and assigns, and the provisions of SECTION 4.02 Section 4.04 and ARTICLE 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. 01Section 12.01. 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 such time as the Final Payout DatePay Out Date shall have occurred. The rights and remedies with respect to any breach of any representation and warranty made by Seller the Transferor or IKON Capital pursuant to ARTICLE Article VI and the indemnification and payment provisions of ARTICLE XIII ---------- Article XIII, Section 4.04 and SECTIONS 4.02, 14.05, 14.06, 14.07, 14.08 and 14.15 Sections 14.05 through 14.09 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 Seller, ServicerBorrower, the AdministratorAdministrative Agent, the Relationship BankLender, Purchaser ACE, the Check-Casher, the Collateral Agent, the Liquidity Agent and their respective successors respectivx xxxxessors and permitted assigns, and the provisions of SECTION Section 4.02 and ARTICLE XIII Article XII shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and permitted assigns; PROVIDEDprovided, HOWEVERhowever, nothing in the foregoing shall be deemed to authorize any assignment not permitted by SECTION 12. 01Section 11.01. 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 Seller pursuant to ARTICLE VI and the indemnification and payment provisions of ARTICLE XIII Article XII and SECTIONS Sections 4.01, 4.02, 14.054.03, 14.0613.05, 14.0713.06, 14.08 13.07 and 14.15 13.14, subject to the limitations, if any, set forth therein, 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 Seller, Servicereach Seller Party, the AdministratorAdministrative Agent, the Relationship Bank, Purchaser and their respective successors and assigns, and the provisions of SECTION 4.02 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. 011. 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 ARTICLE XIII and SECTIONS 4.024.2, 14.0514.5, 14.0614.6, 14.0714.7, 14.08 14.8 and 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 Seller, ServicerBorrower, the AdministratorInvestors, the Relationship BankAgents, Purchaser the Administrative Agent and their respective successors and assigns, and the provisions of SECTION 4.02 Section 4.1(b), Article V, Section 11.1 and ARTICLE XIII Article XVII shall inure to the benefit of the Affected Parties Persons 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. 01Article XVI. 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 Datesuch 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 Seller the Borrower pursuant to ARTICLE VI Article IX and the indemnification and payment provisions of ARTICLE XIII Article V. Section 11.1 and SECTIONS 4.02Article XVII and the provisions of Section 18.10, 14.05, 14.06, 14.07, 14.08 Section 18.11 and 14.15 Section 18.12 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 Seller, ServicerAPR, Parent, the Administrator, the Relationship Bank, Purchaser and their respective successors and assigns, and the provisions of SECTION Section 4.02 and ARTICLE 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 Section 12. 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 Seller Seller, APR or Parent pursuant to ARTICLE Article VI and the indemnification and payment provisions of ARTICLE Article XIII and SECTIONS Sections 4.02, 14.05, 14.06, 14.07, 14.08 14.09 and 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 Sellerthe Transferor, the Servicer, the AdministratorAgent, the Relationship BankPurchaser, Purchaser the Bank Investors and their respective successors and assigns, and the provisions of SECTION 4.02 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.not 0113.1. 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 such time, after the Final Payout Commitment Termination Date, as all Undivided Interests shall have been reduced to zero. The rights and remedies with respect to any breach of any representation and warranty made by Seller the Transferor or the Servicer pursuant to ARTICLE VI and the indemnification and payment provisions of ARTICLE XIII XIV and SECTIONS 4.024.2, 14.05, 14.06, 14.07, 14.08 15.5 and 14.15 15.7 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 Seller, Servicerthe Borrower, the AdministratorAgent, the Relationship Bank, Purchaser Lenders and their respective successors and assigns, and the provisions of SECTION 4.02 Section 4.2 and ARTICLE 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. 011. 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 Article VI and the indemnification and payment provisions of ARTICLE Article XIII and SECTIONS 4.02Sections 4.2, 14.0514.5, 14.0614.6, 14.0714.7, 14.08 14.8 and 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 Seller, ServicerUnion, Purchaser, the Administrator, the Relationship Bank, Purchaser Agent and their respective successors and assigns, and the provisions of SECTION Section 4.02 and ARTICLE Article XIII shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; PROVIDEDprovided, HOWEVERhowever, that nothing in the foregoing shall be deemed to authorize any assignment not permitted by SECTION Section 12. 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 such time, after the Final Payout Commitment Termination Date, as all Undivided Interests shall have been reduced to zero and all Obligations shall have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Seller or Union pursuant to ARTICLE Article VI and the indemnification and payment provisions of ARTICLE Article XIII and SECTIONS Sections 4.02, 14.05, 14.06, 14.07, 14.08 14.06 and 14.15 14.07 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 Seller, Servicer, the Administrator, the Relationship Bank, Purchaser and their respective successors and assigns, the provisions of Section 8.08 shall inure to the benefit of the Bank Agent and its successors and assigns and the provisions of SECTION Section 4.02 and ARTICLE 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. 01Section 12.01. 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 Seller pursuant to ARTICLE Article VI and the indemnification and payment provisions of ARTICLE Article XIII and SECTIONS Sections 4.02, 14.05, 14.06, 14.0714.08, 14.08 and 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 Seller, Servicereach the Loan Parties, the AdministratorAgents, the Relationship Bank, Purchaser Lenders and their respective successors and assigns, and the provisions of SECTION 4.02 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.SECTION 0112.1. 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 Seller the Borrower pursuant to ARTICLE VI and the indemnification and payment provisions of ARTICLE XIII and SECTIONS 4.024.2, 14.0514.5, 14.0614.6, 14.0714.7, 14.08 14.8 and 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, Servicer-Party, the AdministratorAdministrative Agent, the Relationship Bank, Purchaser and their respective successors and assigns, and the provisions of SECTION 4.02 Section 4.2 and ARTICLE 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 Section 12. 011. 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 Article VI and the indemnification and payment provisions of ARTICLE Article XIII and SECTIONS 4.02Sections 4.2, 14.0514.5, 14.0614.6, 14.0714.7, 14.08 14.8 and 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 Seller, Servicereach Loan Party, the AdministratorAdministrative Agent, the Relationship Bank, Purchaser Co-Agents and each of the Lenders and their respective successors and assigns, and the provisions of SECTION 4.02 Section 4.2 and ARTICLE 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 Section 12. 011. 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 Article VI and the indemnification and payment provisions of ARTICLE Article XIII and SECTIONS 4.02Sections 4.2, 14.0514.5, 14.0614.6, 14.0714.7, 14.08 14.8 and 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 Sellerthe Transferor, the Servicer, the AdministratorAgent, the Relationship BankPurchaser, Purchaser the Bank Investors and their respective successors and assigns, and the provisions of SECTION 4.02 4.2 and ARTICLE XIII XIV 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 otherwise prohibited by SECTION 12. 01this Agreement. 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 such time, after the Final Payout Commitment Termination Date, as all Undivided Interests shall have been reduced to zero. The rights and remedies with respect to any breach of any representation and warranty made by Seller the Transferor or the Servicer pursuant to ARTICLE VI and the indemnification and payment provisions of ARTICLE XIII XIV and SECTIONS 4.024.2, 14.05, 14.06, 14.07, 14.08 15.5 and 14.15 15.7 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 SellerBorrower, the Administrative Agent, the Lender, TRM ATM, the Servicer, the AdministratorCollateral Agent, the Relationship Bank, Purchaser Liquidity Agent and their respective successors and permitted assigns, and the provisions of SECTION 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 permitted assigns; PROVIDED, HOWEVER, nothing in the foregoing shall be deemed to authorize any assignment not permitted by SECTION 12.SECTION 0111.01. 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 Seller pursuant to ARTICLE VI and the indemnification and payment provisions of ARTICLE XIII XII and SECTIONS 4.02, 14.054.04, 14.0613.05, 14.0713.06, 14.08 and 14.15 13.07 AND 13.15, subject to the limitations, if any, set forth therein, 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 Seller, Servicer, the Administrator, the Relationship Bank, Purchaser and their respective successors and assigns, the provisions of Section 8.08 shall inure to the benefit of the Bank Agent and its successors and assigns and the provisions of SECTION Section 4.02 and ARTICLE 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 Section 12. 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 Seller pursuant to ARTICLE Article VI and the indemnification and payment provisions of ARTICLE Article XIII and SECTIONS Sections 4.02, 14.05, 14.06, 14.0714.08, 14.08 and 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 Sellerthe Company, ServicerAnnTaylor, the Administrator, the Relationship Bank, Purchaser Lender and their respective successors and assigns, and the provisions of SECTION Section 4.02 and ARTICLE ------------ 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. 01Section 12.01. 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 Seller the Company or AnnTaylor pursuant to ARTICLE Article VI and the ---------- indemnification and payment other provisions of ARTICLE Article XIII and SECTIONS Sections ------------ -------- 4.02, 14.05, 14.06, 14.07, 14.08 and 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 Seller, ServicerFeed, the Administrator, the Relationship Bank, Purchaser Purchasers and their respective successors and permitted assigns, and the provisions of SECTION 4.02 Section 4.2 and ARTICLE Article XIII shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and permitted assigns; PROVIDEDprovided, HOWEVERhowever, nothing in the foregoing shall be deemed to authorize any assignment not permitted by SECTION Section 12. 011. 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 Seller or pursuant to ARTICLE Article VI and the indemnification and payment provisions of ARTICLE Article XIII and SECTIONS 4.02Sections 4.2, 14.0514.5, 14.0614.6, 14.0714.7, 14.08 14.8 and 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 Seller, Servicereach Seller Party, the Administrator, the Relationship Bank, each Concentration Bank, Purchaser and their respective successors and assigns, and the provisions of SECTION 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. 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 Seller pursuant to ARTICLE VI and the indemnification and payment provisions of ARTICLE XIII and SECTIONS 4.02, 14.05, 14.06, 14.07, 14.08 and 14.15 shall be continuing and shall survive any termination of this Agreement.