Common use of Continuing Agreements Clause in Contracts

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders of the Loans and the execution and delivery of the Notes, shall be binding upon the Borrower regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the Agent’s request, and as a condition of the release of any one or more of the Security Documents, the Borrower and other Persons obligated with respect to the Obligations shall provide the Agent with such acknowledgments and agreements as the Agent may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the Agent, any Agent-Related Persons, any or all of the Lenders, and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 2 contracts

Samples: Financing and Security Agreement (Dcap Group Inc), Financing and Security Agreement (Dcap Group Inc)

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Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower Borrowers in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders Lender of the Loans Loans, the issuance of Letters of Credit by the Lender and the execution and delivery of the Notes, shall be binding upon the Borrower Borrowers regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the Agent’s Lender's request, and as a condition of the release of any one or more of the Security Documents, the Borrower Borrowers and other Persons obligated with respect to the Obligations shall provide the Agent Lender with such acknowledgments and agreements as the Agent Lender may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the Agent, any Agent-Related Persons, any or all of the Lenders, Lender and/or any of its or their agents and others, or to the extent there are, describing the same or stating that the same are waived and released.

Appears in 1 contract

Samples: Financing and Security Agreement (Polk Audio Inc)

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower Borrowers in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders Lender of the Loans Loan and the execution and delivery of the NotesNote, shall be binding upon the Borrower Borrowers regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the Agent’s Lender's request, and as a condition of the release of any one or more of the Security Documents, the Borrower Borrowers and other Persons obligated with respect to the Obligations shall provide the Agent Lender with such acknowledgments and agreements as the Agent Lender may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the AgentLender, any Agent-Related Persons, any or all of the Lenders, and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 1 contract

Samples: Financing and Security Agreement (Dispatch Management Services Corp)

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders Lender of the Loans Loan and the execution and delivery of the Notes, shall be binding upon the Borrower regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the Agent’s Lender's request, and as a condition of the release of any one or more of the Security Documents, the Borrower and other Persons obligated with respect to the Obligations shall provide the Agent Lender with such acknowledgments and agreements as the Agent Lender may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the Agent, any Agent-Related Persons, any or all of the Lenders, Lender and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 1 contract

Samples: Financing Agreement (Trex Co Inc)

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders of the Loans and the execution and delivery of the Notes, shall be binding upon the Borrower regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the Agent’s 's request, and as a condition of the release of any one or more of the Security Documents, the Borrower and other Persons obligated with respect to the Obligations shall provide the Agent with such acknowledgments and agreements as the Agent may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the Agent, any Agent-Related Persons, any or all of the Lenders, and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 1 contract

Samples: Loan and Security Agreement (BPC Holding Corp)

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders Lender of the Loans Loan and the execution and delivery of the Notes, shall be binding upon the Borrower regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the Agent’s Lender's request, and as a condition of the release of any one or more of the Security Documents, the Borrower and other Persons obligated with respect to the Obligations shall provide the Agent Lender with such acknowledgments and agreements as the Agent Lender may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the AgentLender, any Agent-Related Persons, any or all of the Lenders, and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 1 contract

Samples: Financing and Security Agreement (Sensys Technologies Inc)

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders Lender of the Loans Loan and the execution and delivery of the Notes, shall be binding upon the Borrower regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the AgentLender’s request, and as a condition of the release of any one or more of the Security Documents, the Borrower and other Persons obligated with respect to the Obligations shall provide the Agent Lender with such acknowledgments and agreements as the Agent Lender may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the Agent, any Agent-Related Persons, any or all of the Lenders, Lender and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 1 contract

Samples: Financing and Security Agreement (Healthextras Inc)

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders Lender of the Loans Loan and the execution and delivery of the Notes, shall be binding upon the Borrower regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the AgentLender’s request, and as a condition of the release of any one or more of the Security Documents, the Borrower and other Persons obligated with respect to the Obligations shall provide the Agent Lender with such acknowledgments and agreements as the Agent Lender may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the Agent, any Agent-Related Persons, any or all of the LendersLender, and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunrise Senior Living Inc)

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Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders Lender of the Loans Loan and the execution and delivery of the Notes, shall be binding upon the Borrower regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the Agent’s Lender's request, and as a condition of the release of any one or more of the Security Documents, the Borrower and other Persons obligated with respect to the Obligations shall provide the Agent Lender with such acknowledgments and agreements as the Agent Lender may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the AgentLender, any Agent-Related Persons, any or all of the Lenders, and/or any of its or their agents and others, or to the extent there are, the same are waived and released.. Section 8.8

Appears in 1 contract

Samples: Financing and Security Agreement (Halifax Corp)

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders of the Loans and the execution and delivery of the Notes, shall be binding upon the Borrower regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the Agent’s request, and as a condition of the release of any one or more of the Security Documents, the Borrower and other Persons obligated with respect to the Obligations shall provide the Agent with such acknowledgments and agreements as the Agent may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the Agent, any Agent-Related Persons, any or all of the Lenders, and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunrise Senior Living Inc)

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders Lender of the Loans and the execution and delivery of the Notes, shall be binding upon the Borrower regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the AgentLender’s request, and as a condition of the release of any one or more of the Security Documents, the Borrower and other Persons obligated with respect to the Obligations shall provide the Agent Lender with such acknowledgments and agreements as the Agent Lender may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the Agent, any Agent-Related Persons, any or all of the Lenders, Lender and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 1 contract

Samples: Financing and Security Agreement (Healthextras Inc)

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower Borrowers in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders Lender of the Loans Revolving Loan and the execution and delivery of the Notes, shall be binding upon the Borrower Borrowers regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the Agent’s Lender's request, and as a condition of the release of any one or more of the Security Documents, the Borrower Borrowers and other Persons obligated with respect to the Obligations shall provide the Agent Lender with such acknowledgments and agreements as the Agent Lender may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the AgentLender, any Agent-Related Persons, any or all of the Lenders, and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 1 contract

Samples: Financing and Security Agreement (Paradise Color Inc)

Continuing Agreements. All covenants, agreements, representations and warranties made by the Borrower in this Agreement, in any of the other Financing Documents, and in any certificate delivered pursuant hereto or thereto shall survive the making by the Lenders Lender of the Loans Loan and the execution and delivery of the NotesNote, shall be binding upon the Borrower regardless of how long before or after the date hereof any of the Obligations were or are incurred, and shall continue in full force and effect so long as any of the Obligations are outstanding and unpaid. From time to time upon the Agent’s Lender's request, and as a condition of the release of any one or more of the Security Documents, the Borrower and other Persons obligated with respect to the Obligations shall provide the Agent Lender with such acknowledgments and agreements as the Agent Lender may require to the effect that there exists no defenses, rights of setoff or recoupment, claims, counterclaims, actions or causes of action of any kind or nature whatsoever against the AgentLender, any Agent-Related Persons, any or all of the Lenders, and/or any of its or their agents and others, or to the extent there are, the same are waived and released.

Appears in 1 contract

Samples: Financing and Security Agreement (Dcap Group Inc/)

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