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, Bank, Covenant Nevada, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's rights to act as Master Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bank, Covenant Nevada, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV 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 Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant NevadaG&K's rights to act as Master Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bank, Covenant Nevada, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant NevadaOxford's rights to act as Master 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, Bank, Covenant Nevada, the Lender, Administrator, the Administrator and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Master the Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's Jarden’s rights to act as Master 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, Bankthe Lenders, Covenant Nevada, Lender, Administrator, the Administrator and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Master the Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 and any breach by the Borrower or the Servicer pursuant to Sections 8.9, 8.10, 8.23, 8.24, and 8.25 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's Jarden’s rights to act as Master the Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of BorrowerSeller, BankServicer, Covenant NevadaPurchaser, Lender, Administrator, the Agent and their respective successors and assigns, and the provisions of Article VI Section 4.02 and Article XIV XIII shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, that nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIIISection 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 Commitment Termination Date, when 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 Borrower Seller or Master Servicer Sunterra pursuant to Article VIII VI and the indemnification and payment provisions of Article XIV XIII and Article VISections 4.02, Sections 15.4, 15.11 14.05 and 15.12 14.06 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's rights to act as Master Servicer hereunder or under any other Transaction DocumentAgreement.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bank, Covenant NevadaBaldor, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's Baldor’s rights to act as Master Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bank, Covenant NevadaToro, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant NevadaToro's rights to act as Master 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, Bank, Covenant Nevada, the Issuing Lender, Administratorthe Lenders, the Administrator and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Master the Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 and any breach by the Borrower or the Servicer pursuant to Sections 8.9, 8.10, 8.23, 8.24, and 8.25 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's Jarden’s rights to act as Master the Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bankthe Lenders, Covenant Nevada, Lender, Administrator, the Agents and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer Collection Agent pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's ArvinMeritor’s rights to act as Master Servicer Collection Agent hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bank, Covenant Nevada, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master either Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant NevadaU.S. Xpress' and Global's rights to act as Master Servicer Servicers hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bankthe Lenders, Covenant Nevadathe LC Issuers, Lender, Administrator, the Agents and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant NevadaBowater's rights to act as Master Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bank, Covenant Nevada, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV 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 Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant NevadaChoicePoint's rights to act as Master Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bankthe Lenders, Covenant Nevada, Lender, Administrator, the Agents and their respective successors and assigns, and the provisions of Article VI and Article XIV 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 Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant NevadaBowater's rights to act as Master Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bankthe Lenders, Covenant Nevada, Lender, Administrator, the Agents and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer Collection Agent pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VIVI , Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's ArvinMeritor’s rights to act as Master Servicer Collection Agent hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bank, Covenant Central Nevada, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Central Nevada's rights to act as Master Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bank, Covenant Nevada, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's G&K’s rights to act as Master 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 Bank, Covenant Nevada, the Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article 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 by Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's G&K’s rights to act as Master Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bank, Covenant Nevada, Lender, Administrator, the parties hereto and their respective successors and assigns, and the 173 provisions of Article VI and Article XIV XVI shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, howeverprovided that, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIIIXV. 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 Commitment Termination Date, when as all Class A Advances and other Obligations shall have been finally indefeasibly and fully paid and performedperformed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminated. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Master Servicer pursuant to Article VIII IX and the indemnification and payment provisions of Article XIV VI and Article VI, Sections 15.4, 15.11 XVI and 15.12 Section 17.4 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant Nevada's any member of the Avolon Group’s rights to act as Master the Servicer hereunder or under any other Transaction Document.

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, Bank, Covenant Nevada, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV 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 Article XIII. 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 Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of Covenant NevadaInterface's rights to act as Master Servicer hereunder or under any other Transaction Document.