Common use of Duration; Survival Clause in Contracts

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement of Agent by Borrower, Etc.], 10.7 [Reimbursement of Agent by Lenders, Etc.] and 11.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 5 contracts

Samples: Credit Agreement (Rhino Resource Partners LP), Senior Secured Revolving Credit Facility (Rhino Resource Partners, L.P.), Credit Agreement (Blair Corp)

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Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement of Agent by Borrower, Etc.], 10.7 [Reimbursement of Agent by LendersBanks, Etc.] and 11.3 [Reimbursement of Lenders Banks by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 5 contracts

Samples: Revolving Credit Facility (Ii-Vi Inc), Credit Agreement (Federated Investors Inc /Pa/), Credit Agreement (Ii-Vi Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrower and Hovnanian contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower and Hovnanian contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 9.7 [Reimbursement and Indemnification of Agent by Lenders, Etc.] and 11.3 10.3 [Reimbursement and Indemnification of Lenders by Borrower; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 4 contracts

Samples: Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, Credit or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower Borrowers may borrow or request Letters of Credit hereunder and until termination of the Revolving Credit Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower Borrowers contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 Article 4 [Payments] and Sections 10.5 9.5 [Reimbursement and Indemnification of Agent by Borrower, Etc.the Borrowers], 10.7 9.7 [Reimbursement and Indemnification of Agent by Lenders, Etc.the Banks] and 11.3 10.3 [Reimbursement and Indemnification of Lenders Banks by Borrowerthe Borrowers; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Revolving Credit Commitments.

Appears in 4 contracts

Samples: Credit Agreement (Super Test Petroleum Inc), Credit Agreement (Vulcan Asphalt Refining Corp), Credit Agreement (Kwik Fil Inc)

Duration; Survival. All representations and warranties of the Loan Parties and RSC contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties and RSC contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement of Administrative Agent by BorrowerLoan Parties, Etc.], 10.7 9.7 [Reimbursement of Administrative Agent by LendersBanks, Etc.] and 11.3 10.3 [Reimbursement of Lenders Banks by BorrowerLoan Parties; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 3 contracts

Samples: Revolving Credit Facility (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement of Agent by Borrower, Etc.], 10.7 9.7 [Reimbursement of Agent by Lenders, Etc.] and 11.3 10.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 3 contracts

Samples: Revolving Credit Facility (Penn Virginia Resource Partners L P), Revolving Credit Facility (Penn Virginia Resource Partners L P), Revolving Credit Facility (Penn Virginia Resource Partners L P)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement of Agent by Borrower, Etc.], 10.7 [Reimbursement of Agent by LendersBanks, Etc.] and 11.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Standard Automotive Corp), Credit Agreement (Novacare Employee Services Inc), Credit Agreement (Compudyne Corp)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement of Administrative Agent by Borrower, Etc.], 10.7 [Reimbursement of Administrative Agent by Lenders, Etc.] and 11.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made by any Loan Party in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent, any Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement and Indemnification of Agent Agents by the Borrower, Etc.], 10.7 9.7 [Reimbursement and Indemnification of Agent Agents by Lenders, Etc.] and 11.3 10.3 [Reimbursement and Indemnification of Lenders by the Borrower; Etc, etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 3 contracts

Samples: Revolving Credit Facility (Arch Coal Inc), Credit Agreement (Arch Coal Inc), Revolving Credit Facility (Arch Coal Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of the Agent by the Borrower, Etc.], 10.7 [Reimbursement and Indemnification of the Agent by Lenders, Etc.] and 11.3 [Reimbursement and Indemnification of the Lenders by the Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement of Administrative Agent by BorrowerLoan Parties, Etc.], 10.7 9.7 [Reimbursement of Administrative Agent by LendersBanks, Etc.] and 11.3 10.3 [Reimbursement of Lenders Banks by BorrowerLoan Parties; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 2 contracts

Samples: Revolving Credit Facility (Big Lots Inc), Credit Agreement (Big Lots Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrower and Hovnanian contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower and Hovnanian contained in Sections 8.1 [7.1 (Affirmative Covenants]), 8.2 [7.2 (Negative Covenants] ) and 8.3 [7.3 (Reporting Requirements] ) herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [4 (Payments] ) and Sections 10.5 [9.5 (Reimbursement and Indemnification of Agent by the Borrower), Etc.], 10.7 [9.7 (Reimbursement and Indemnification of Agent by Lenders, Etc.] Banks) and 11.3 [10.3 (Reimbursement and Indemnification of Lenders Banks by Borrower; Etc.]Taxes), shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement of Administrative Agent by Borrower, Etc.], 10.7 9.7 [Reimbursement of Administrative Agent by LendersBanks, Etc.] and 11.3 10.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 2 contracts

Samples: Revolving Credit Facility (KPMG Consulting Inc), Credit Agreement (Papa Johns International Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 11.3.2 [Reimbursement of Agent Indemnification by the Borrower, Etc.], 10.7 [Reimbursement of Agent by Lenders, Etc.] and 11.3 [Reimbursement of Lenders by Borrower; Etc11.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement of Agent by Borrower, Etc.], 10.7 9.7 [Reimbursement of Agent by LendersBanks, Etc.] and 11.3 10.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Blair Corp), Revolving Credit Facility (Respironics Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement of Administrative Agent by Borrower, Etc.], 10.7 [Reimbursement of Administrative Agent by LendersBanks, Etc.] and 11.3 [Reimbursement of Lenders Banks by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Koppers Inc), Credit Agreement (KI Holdings Inc.)

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] and Exhibit 8.3 herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] ], Paragraphs 5 and Sections 10.5 7 of Exhibit 10 [Reimbursement of Agent by Borrower, Etc.], 10.7 [; Reimbursement of Agent by LendersBanks, Etc.] and 11.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Freemarkets Inc), Credit Agreement (Freemarkets Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 Section 7.2 [Negative Covenants] and 8.3 Section 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 Section 9.8 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 Section 9.10 [Reimbursement and Indemnification of Agent by Lenders, Etc.] and 11.3 Section 10.3 [Reimbursement and Indemnification of Lenders by the Borrower; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Covance Inc), Credit Agreement (Covance Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by any Co-Administrative Agent, the Agent Paying Agent, an Issuing Bank or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent Agents by the Borrower, Etc.], 10.7 [Reimbursement and Indemnification of Agent Agents by Lenders, Etc.] and 11.3 [Reimbursement of Lenders and Indemnification of Lenders by the Borrower; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Revolving Credit Facility (Consol Energy Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 [Reimbursement and Indemnification of Agent by Lenders, Etc.Banks] and 11.3 [Reimbursement and Indemnification of Lenders Banks by the Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Revolving Credit Facility (New Jersey Resources Corp)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by any Co-Administrative Agent, the Paying Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent Agents by the Borrower, Etc.], 10.7 [Reimbursement and Indemnification of Agent Agents by Lenders, Etc.] and 11.3 [Reimbursement and Indemnification of Lenders by the Borrower; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Consol Energy Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 0 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 0 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 0 [Payments] and Sections 10.5 0 [Reimbursement of Administrative Agent by Borrower, Etc.], 10.7 0 [Reimbursement of Administrative Agent by LendersBanks, Etc.] and 11.3 0 [Reimbursement of Lenders Banks by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Orius Corp)

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 [Reimbursement and Indemnification of Agent by Lenders, Etc.the Borrower] and 11.3 [Reimbursement and Indemnification of Lenders Banks by the Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], Section 8.2 [Negative Covenants] and Section 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 Section 10.8 [Reimbursement and Indemnification of Agent by the Borrower], Section 10.10 [Reimbursement of Agent by Borrower, Etc.], 10.7 [Reimbursement of Agent by Lenders, Etc.Lender] and 11.3 Section11.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Revolving Credit Facility (Covance Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrowers contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrowers contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] and Exhibit 8.3 herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] ], Paragraphs 5 and Sections 10.5 7 of Exhibit 10 [Reimbursement of Agent by Borrower, Etc.], 10.7 [; Reimbursement of Agent by LendersBanks, Etc.] and 11.3 10.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (U S Interactive Inc/Pa)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by any Co-Administrative Agent, the Paying Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent Agents by the Borrower, Etc.], 10.7 [Reimbursement and Indemnification of Agent Agents by Lenders, Etc.] and 11.3 [Reimbursement of Lenders and Indemnification of Lenders by the Borrower; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Revolving Credit Facility (Consol Energy Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 Section 7.01 [Affirmative Covenants], 8.2 Section 7.02 [Negative Covenants] and 8.3 Section 7.03 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments Commitments, and indefeasible payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 Article IV [Payments] and Sections 10.5 Section 9.05 [Reimbursement of Agent by Borrower, Etc.], 10.7 Section 9.07 [Reimbursement of Agent by Lenders, Etc.] and 11.3 Section 10.03 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Tween Brands, Inc.)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower Borrowers may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower Borrowers contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 [Reimbursement and Indemnification of Agent by Lenders, Etc.the Banks] and 11.3 [Reimbursement and Indemnification of Lenders Banks by the Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Revolving Credit Facility (Churchill Downs Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrower and Hovnanian contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower and Hovnanian contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 9.7 [Reimbursement and Indemnification of Agent 81 by Lenders, Etc.Banks] and 11.3 10.3 [Reimbursement and Indemnification of Lenders Banks by Borrower; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Revolving Credit Facility (Hovnanian Enterprises Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], Section 8.2 [Negative Covenants] and Section 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 Section 10.8 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 Section 10.10 [Reimbursement and Indemnification of Agent by Lenders, Etc.] and Section 11.3 [Reimbursement and Indemnification of Lenders by the Borrower; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 [Reimbursement and Indemnification of Agent by Lenders, Etc.the Borrower] and 11.3 [Reimbursement and Indemnification of Lenders Banks by the Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

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Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower Borrowers may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower Borrowers contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent by Borrower, Etc.the Loan Parties], 10.7 [Reimbursement of Agent by LendersBanks, Etc.] and 11.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility and Term Loan Credit Agreement (Res Care Inc /Ky/)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement and Indemnification of Agent by Borrower, Etc.], 10.7 9.7 [Reimbursement and Indemnification of Agent by Lenders, Etc.Banks] and 11.3 10.3 [Reimbursement and Indemnification of Lenders Banks by Borrower; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Senior Multi Currency Revolving Credit Facility (Viasys Healthcare Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made by any Loan Party in connection herewith shall survive the making of Term Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, Term Loans or payment in full of the Term Loans. All covenants and agreements of the Loan Parties Borrower contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of CreditTerm Loans. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 9.7 [Reimbursement and Indemnification of Agent by the Lenders, Etc.] and 11.3 10.3 [Reimbursement and Indemnification of Lenders by the Borrower; Etc, etc.], shall survive payment in full of the Term Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Mountain Coal Co LLC)

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 11.3.2 [Reimbursement of Agent Indemnification by the Borrower, Etc.], 10.7 [Reimbursement of Agent by Lenders, Etc.] and 11.3 [Reimbursement of Lenders by Borrower; Etc11.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement of Agent by Borrower, Etc.], 10.7 [Reimbursement of Agent by LendersBanks, Etc.] and 11.3 [Reimbursement of Lenders Banks by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made by any Loan Party in connection herewith shall survive the making of Term Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent, any Agent or the Lenders, the making of Loans, issuance of Letters of Credit, Term Loans or payment in full of the Term Loans. All covenants and agreements of the Loan Parties Borrower contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of CreditTerm Loans. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement and Indemnification of Agent Agents by the Borrower, Etc.], 10.7 9.7 [Reimbursement and Indemnification of Agent Agents by the Lenders, Etc.] and 11.3 10.3 [Reimbursement and Indemnification of Lenders by the Borrower; Etc, etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit Term Loans and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, Credit or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 [Negative 7.2[Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 Article 4 [Payments] and Sections 10.5 9.5 [Reimbursement and Indemnification of the Agent by the Borrower, Etc.], 10.7 9.7 [Reimbursement and Indemnification of the Agent by Lenders, Etc.the Banks] and 11.3 10.3 [Reimbursement and Indemnification of Lenders the Banks by the Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Champion Enterprises Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Revolving Credit Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section Article 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 [[ Reimbursement and Indemnification of Agent by Lenders, Etc.Banks] and 11.3 [Reimbursement and Indemnification of Lenders Banks by the Borrower; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Revolving Credit Commitments.

Appears in 1 contract

Samples: Credit Agreement (Suburban Lodges of America Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made by any Loan Party in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent, any Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement and Indemnification of Agent Agents by the Borrower, Etc.], 10.7 9.7 [Reimbursement and Indemnification of Agent Agents by Lenders, Etc.Banks] and 11.3 10.3 [Reimbursement and Indemnification of Lenders Banks by Borrower; the Borrower Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Revolving Credit Facility (Arch Coal Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, Credit or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 Sections7.1 [Affirmative Covenants], 8.2 [Negative 7.2[Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 Article4 [Payments] and Sections 10.5 Sections9.5 [Reimbursement and Indemnification of the Agent by the Borrower, Etc.], 10.7 9.7 [Reimbursement and Indemnification of the Agent by Lenders, Etc.the Banks] and 11.3 10.3 [Reimbursement and Indemnification of Lenders the Banks by the Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Champion Enterprises Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement of Administrative Agent by Borrower, Etc.], 10.7 [Reimbursement of Administrative Agent by LendersBanks, Etc.] and 11.3 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Koppers Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 [Reimbursement and Indemnification of Agent by Lenders, Etc.Banks] and 11.3 [Reimbursement and Indemnification of Lenders Banks by the Borrower; Etc.Taxes], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made by any Loan Party in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent, any Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, Loans or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of CreditLoans. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement and Indemnification of Agent Agents by the Borrower], 9.7 [Reimbursement and Indemnification of Agents by the Banks] and 10.3 [Reimbursement and Indemnification of Banks by the Borrower, Etc.], 10.7 [Reimbursement of Agent by Lenders, Etc.] and 11.3 [Reimbursement of Lenders by Borrower; Etcetc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit Loans and termination of the Commitments.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Arch Coal Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent, any Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the any Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the any Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement of Agent Agents by BorrowerBorrowers, Etc.], 10.7 [Reimbursement of Agent Agents by Lenders, Etc.Banks] and 11.3 [Reimbursement of Lenders Banks by BorrowerBorrowers; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Internet Capital Group Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the Lenders, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 Section 7.01 [Affirmative Covenants], 8.2 Section 7.02 [Negative Covenants] and 8.3 Section 7.03 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and indefeasible payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 Article IV [Payments] and Sections 10.5 Section 9.05 [Reimbursement of Agent by Borrower, Etc.], 10.7 Section 9.07 [Reimbursement of Agent by Lenders, Etc.] and 11.3 Section 10.03 [Reimbursement of Lenders by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Too, Inc.)

Duration; Survival. All representations and warranties of the Loan Parties Borrower and Hovnanian contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties Borrower and Hovnanian contained in Sections 8.1 [7.1 (Affirmative Covenants]), 8.2 7.2 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 [9.5 (Reimbursement and Indemnification of Agent by the Borrower), Etc.], 10.7 [9.7 (Reimbursement and Indemnification of Agent by Lenders, Etc.] Banks) and 11.3 [10.3 (Reimbursement and Indemnification of Lenders Banks by Borrower; Etc.]Taxes), shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Revolving Credit Facility (Hovnanian Enterprises Inc)

Duration; Survival. All representations and warranties of the Loan Parties Borrower and Hovnanian contained herein or made in connection herewith shall survive the making of Term Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, Term Loans or payment in full of the Term Loans. All covenants and agreements of the Loan Parties Borrower and Hovnanian contained in Sections 8.1 [7.1 (Affirmative Covenants]), 8.2 [7.2 (Negative Covenants] ) and 8.3 [7.3 (Reporting Requirements] ) herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of CreditTerm Loans. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [4 (Payments] ) and Sections 10.5 [9.5 (Reimbursement and Indemnification of Agent by the Borrower), Etc.], 10.7 [9.7 (Reimbursement and Indemnification of Agent by Lenders, Etc.] Banks) and 11.3 [10.3 (Reimbursement and Indemnification of Lenders Banks by Borrower; Etc.]Taxes), shall survive payment in full of the Term Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Term Loan Facility (Hovnanian Enterprises Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 7.1 [Affirmative Covenants], 8.2 0 [Negative Covenants] and 8.3 7.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the any Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the any Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 4 [Payments] and Sections 10.5 9.5 [Reimbursement of Agent by BorrowerBorrowers, Etc.], 10.7 9.7 [Reimbursement of Agent by LendersBanks, Etc.] and 11.3 10.3 [Reimbursement of Lenders Banks by BorrowerBorrowers; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Internet Capital Group Inc)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] and Sections 10.5 [Reimbursement and Indemnification of Agent by the Borrower, Etc.], 10.7 [Reimbursement and Indemnification of Agent by Lenders, Etc.Banks] and 11.3 [Reimbursement and Indemnification of Lenders Banks by the Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Revolving Credit Facility (New Jersey Resources Corp)

Duration; Survival. All representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the making of Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by the Agent or the LendersBanks, the making of Loans, issuance of Letters of Credit, or payment in full of the Loans. All covenants and agreements of the Loan Parties contained in Sections 8.1 [Affirmative Covenants], 8.2 [Negative Covenants] and 8.3 [Reporting Requirements] and Exhibit 8.3 herein shall continue in full force and effect from and after the date hereof so long as the Borrower may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Loans and expiration or termination of all Letters of Credit. All covenants and agreements of the Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Notes, Section 5 [Payments] ], Paragraphs 5 and Sections 10.5 7 of Exhibit 10 [Reimbursement of Agent by Borrower, Etc.], 10.7 [; Reimbursement of Agent by LendersBanks, Etc.] and 11.3 [Reimbursement of Lenders Banks by Borrower; Etc.], shall survive payment in full of the Loans, expiration or termination of the Letters of Credit and termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Elgin National Industries Inc)

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