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 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 herein shall continue in full force and effect from and after the date hereof so long as the Borrowers may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) and expiration or termination of all Letters of Credit. Sections 4 and 10.3 shall survive payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitments. In addition, all covenants and agreements of the Borrowers and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitments, to the extent such reinstatement and survival is necessary for the Administrative Agent to recover such Voided Payment.

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making funding of Loans and issuance of Letters of Credit the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersLender, the making funding of Loans, issuance of Letters of Creditany Borrowing Tranche, or payment in full of the LoansLoan. All covenants and agreements of the Loan Parties Borrower contained herein shall continue in full force and effect from and after the date hereof so long as the Borrowers Borrower may borrow or request Letters of Credit hereunder and until termination the later of (i) the Commitments and Expiration Date or (ii) the payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) Obligations. All covenants and expiration agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or termination of all Letters of Credit. Sections 4 expenses and 10.3 indemnification, including those set forth in the Note, shall survive payment in full of the ObligationsLoan and the Expiration Date until the full and final payment of all such principal, interest, premiums, additional compensation, expenses or indemnification due under this Agreement and the Loan Documents. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender’s Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Letters of Revolving Credit and Note, or (c) the expiration or early termination of this Agreement, be deemed to terminate any covenants, agreements, representations or warranties contained in this Agreement, the Commitments. In addition, all covenants and agreements Note or any of the Borrowers and other Loan Documents to the Lenders contained herein extent that such covenant, agreement, representation or warranty shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respectby its terms, set aside or required to be paid to a debtor in possessionsurvive the release, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligationsmaturity, expiration or early termination of this Agreement, the Letters of Credit and termination Note or any of the Commitments, to the extent such reinstatement and survival is necessary for the Administrative Agent to recover such Voided Paymentother Loan Documents.

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 herein shall continue in full force and effect from and after the date hereof so long as the Borrowers may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) and expiration or termination of all Letters of Credit. Section 4 and Sections 4 9.5, 9.7 and 10.3 shall survive payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitments. In addition, all covenants and agreements of the Borrowers and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”"VOIDED PAYMENT"), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitments, to the extent such reinstatement and survival is necessary for the Administrative Agent to recover such Voided Payment.

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or in any other Loan Document or made in connection herewith or therewith shall survive the making of Loans and issuance of Letters of Credit of, and shall not be waived by the execution and delivery delivery, of this AgreementAgreement or any other Loan Document, any investigation by the Administrative Agent or the Lendersknowledge of any Lender Party, the making of Loans, issuance of Letters of Credit, any Loan or payment in full of the Loansany other event or condition whatever. All covenants and agreements of the Loan Parties Borrower contained herein or in any other Loan Document shall continue in full force and effect from and after the date hereof so long as the Borrowers may borrow or request Letters of Credit hereunder until all Commitments have terminated and until termination all Loan Obligations have been indefeasibly paid in full in cash. Without limitation, all obligations of the Commitments Borrower hereunder or under any other Loan Document to make payments to or indemnify any Lender Party or Lender Indemnified Party (including obligations arising under Sections 2.9, 2.10 and 9.6) shall survive the payment in full of the Obligations (all other than non-assessed contingent reimbursement obligations) and expiration or termination of all Letters of Credit. Sections 4 and 10.3 shall survive payment in full of the Loan Obligations, expiration or termination of the Letters of Credit Borrower's right to borrow hereunder, and termination of the Commitmentsall other events and conditions whatever. In addition, all covenants obligations of each Lender to make payments to or indemnify the Agent and agreements of Persons related to the Borrowers and Agent (including obligations arising under Section 8.7) shall survive the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full by the Borrower of the all Loan Obligations, expiration or termination of the Letters of Credit Borrower's right to borrow hereunder, and termination of the Commitments, to the extent such reinstatement all other events and survival is necessary for the Administrative Agent to recover such Voided Paymentconditions whatever.

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making funding of Loans and issuance of Letters of Credit the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersLender, the making funding of Loans, issuance of Letters of Creditany Borrowing Tranche, or payment in full of the LoansLoan. All covenants and agreements of the Loan Parties Borrower contained herein shall continue in full force and effect from and after the date hereof so long as the Borrowers Borrower may borrow or request Letters of Credit hereunder and until termination the later of (i) the Commitments and Expiration Date or (ii) the payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) Obligations. All covenants and expiration agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or termination of all Letters of Credit. Sections 4 expenses and 10.3 indemnification, including those set forth in the Revolving Credit Note, shall survive payment in full of the ObligationsLoan and the Expiration Date. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender’s Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Letters of Revolving Credit and Note or (c) the expiration or early termination of this Agreement, be deemed to terminate any covenants, agreements, representations or warranties contained in this Agreement, the Commitments. In addition, all covenants and agreements Revolving Credit Note or any of the Borrowers and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitmentsother Loan Documents, to the extent that such reinstatement and survival is necessary for covenant, agreement, representation or warranty, shall, by its terms survive the, release, maturity, expiration or early termination of this Agreement, the Administrative Agent to recover such Voided PaymentRevolving Credit Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making funding of Loans and issuance of Letters of Credit the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersLender, the making funding of Loans, issuance of Letters of Creditany Borrowing Tranche, or payment in full of the LoansLoan. All covenants and agreements of the Loan Parties Borrower contained herein shall continue in full force and effect from and after the date hereof so long as the Borrowers Borrower may borrow or request Letters of Credit hereunder and until termination the later of (i) the Commitments Expiration Date and (ii) payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) Obligations. All covenants and expiration agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or termination of all Letters of Credit. Sections 4 expenses and 10.3 indemnification, including those set forth in the Note, shall survive payment in full of the ObligationsLoan and the Expiration Date. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender's Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Letters of Revolving Credit and Note or any Fixed Rate Note, or (c) the expiration or early termination of this Agreement, be deemed to terminate any covenants, agreements, representations or warranties contained in this Agreement, the Commitments. In addition, all covenants and agreements Note or any of the Borrowers and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitmentsother Loan Documents, to the extent that such reinstatement and survival is necessary for covenant, agreement, representation or warranty shall, by its terms, survive the Administrative Agent to recover such Voided Paymentrelease, maturity, expiration or early termination of this Agreement, the Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or in any other Loan Document or made in connection herewith or therewith shall survive the making of Loans and issuance of Letters of Credit of, and shall not be waived by the execution and delivery delivery, of this AgreementAgreement or any other Loan Document, any investigation by the Administrative Agent or the Lendersknowledge of any Lender Party, the making of Loans, issuance of Letters any Letter of Credit, Credit or payment in full of the Loansany other event or condition whatever. All covenants and agreements of the Loan Parties Borrower contained herein or in any other Loan Document shall continue in full force and effect from and after the date hereof so long as until the Borrowers may borrow or request Letter of Credit Commitment shall have terminated, all Letters of Credit hereunder have expired or have been terminated, and until termination all Loan Obligations (other than Contingent Indemnification Obligations) have been indefeasibly paid in full in cash. Without limitation, all obligations of the Commitments Borrower hereunder or under any other Loan Document to make payments to or indemnify any Lender Party or Lender Indemnified Party (including but not limited to obligations arising under Sections 3.16, 3.17, 10.06 and 10.16 hereof) shall survive the payment in full of the Obligations (all other than non-assessed contingent reimbursement obligations) and expiration or termination of all Letters of Credit. Sections 4 and 10.3 shall survive payment in full of the Loan Obligations, expiration or termination of the Letters of Credit Borrower's right to borrow hereunder, and termination of the Commitmentsall other events and conditions whatever. In addition, all covenants obligations of each Lender to make payments to or indemnify the Agent or the Issuing Bank and agreements of Persons related to the Borrowers Agent or the Issuing Bank (including but not limited to obligations arising under Sections 3.08(c) and 9.07 hereof) shall survive the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full by the Borrower of the all Loan Obligations, expiration or termination of the Letters of Credit Borrower's right to borrow hereunder, and termination of the Commitments, to the extent such reinstatement all other events and survival is necessary for the Administrative Agent to recover such Voided Paymentconditions whatever.

Duration; Survival. All representations and warranties of the Borrowers and the other parties to the Loan Parties Documents contained herein or therein or made in connection herewith or therewith 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, the Notes and the other Loan Documents, any investigation by the Administrative Agent or the Lendersany Lender, or the making of Loans, any Loan or the issuance of Letters any Letter of Credit, or payment in full of the LoansCredit hereunder. All covenants and agreements of the Loan Parties Borrowers and such parties contained herein or in any other Loan Document shall continue in full force and effect from and after the date hereof so long as the Borrowers may borrow or request Letters and/or a Letter of Credit may be issued hereunder and until termination of the Commitments and payment in full of the Notes, interest thereon, fees and all other Obligations of the Borrowers under this Agreement, the Notes or any other Loan Document (other than non-assessed contingent obligations in the nature of continuing indemnities or expense reimbursement obligationsobligations not yet due and payable); provided, however, that notwithstanding anything to the contrary in this Agreement, all obligations of the Borrowers to make payments to or to indemnify Agent or any Lender under any Loan Document (including the Environmental Indemnity) and expiration or termination of all Letters of Credit. Sections 4 and 10.3 shall survive the payment in full of the Obligations, expiration or termination Notes and of the Letters of Credit and termination of the Commitments. In addition, all covenants and agreements other Obligations of the Borrowers thereunder and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitments, to the extent such reinstatement and survival is necessary for the Administrative Agent to recover such Voided Paymenthereunder.

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making funding of Loans and issuance of Letters of Credit the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersLender, the making funding of Loans, issuance of Letters of Creditany Borrowing Tranche, or payment in full of the LoansLoan (subject to the terms and provisions of Section 6.3 herein). All covenants and agreements of the Loan Parties Borrower contained herein shall continue in full force and effect from and after the date hereof so long as the Borrowers Borrower may borrow or request Letters of Credit hereunder and until termination the later of (i) the Commitments and Expiration Date or (ii) the payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) Obligations. All covenants and expiration agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or termination of all Letters of Credit. Sections 4 expenses and 10.3 indemnification, including those set forth in the Revolving Credit Note, shall survive payment in full of the ObligationsLoan and the Expiration Date. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender’s Lien on any Mortgaged Property, (b) the maturity, expiration or early termination of the Letters of Revolving Credit and Note or (c) the expiration or early termination of this Agreement, be deemed to terminate any covenants, agreements, representations or warranties contained in this Agreement, the Commitments. In addition, all covenants and agreements Revolving Credit Note or any of the Borrowers and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitmentsother Loan Documents, to the extent that such reinstatement and survival is necessary for covenant, agreement, representation or warranty, shall, by its terms survive the, release, maturity, expiration or early termination of this Agreement, the Administrative Agent to recover such Voided PaymentRevolving Credit Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making funding of Loans and issuance of Letters of Credit the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersLender, the making funding of Loans, issuance of Letters of Creditany Borrowing Tranche, or payment in full of the LoansLoan (subject to the terms and provisions of Section 7.2 herein). All covenants and agreements of the Loan Parties Borrower contained herein shall continue in full force and effect from and after the date hereof so long as the Borrowers Borrower may borrow or request Letters of Credit hereunder and until termination the later of the Commitments and (i) Expiration Date, or (ii) payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) Obligations. Except as provided in Sections 2.6 and expiration 3.2, all covenants and agreements of any Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or termination of all Letters of Credit. Sections 4 expenses and 10.3 indemnification, including those set forth in the Revolving Credit Note or the Fixed Rate Note shall survive payment in full of the ObligationsLoan and the Expiration Date. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender’s Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Letters of Revolving Credit and Note or Fixed Rate Note or (c) the expiration or early termination of this Agreement, be deemed to terminate any covenants, agreements, representations or warranties contained in this Agreement, the Commitments. In additionRevolving Credit Note, all covenants and agreements the Fixed Rate Note or any of the Borrowers and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitmentsother Loan Documents, to the extent that such reinstatement and survival is necessary for covenant, agreement, representation or warranty, shall, by its terms survive the Administrative Agent to recover such Voided Paymentrelease, maturity, expiration or early termination of this Agreement, the Revolving Credit Note, Fixed Rate Note or any of the other Loan Documents.

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 herein shall continue in full force and effect from and after the date hereof so long as the Borrowers may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) and expiration or termination of all Letters of Credit. Sections 4 and 10.3 shall survive payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitments. In addition, all covenants and agreements of the Borrowers and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “"Voided Payment”"), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitments, to the extent such reinstatement and survival is necessary for the Administrative Agent to recover such Voided Payment.

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making funding of Loans and issuance of Letters of Credit the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersLender, the making funding of Loans, issuance of Letters of Creditany Borrowing Tranche, or payment in full of the LoansLoan. All covenants and agreements of the Loan Parties Borrower contained herein shall continue in full force and effect from and after the date hereof so long as the Borrowers Borrower may borrow or request Letters of Credit hereunder and until termination the later of (i) the Commitments and Expiration Date or (ii) the payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) Obligations. All covenants and expiration agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or termination of all Letters of Credit. Sections 4 expenses and 10.3 indemnification, including those set forth in the Note, shall survive payment in full of the ObligationsLoan and the Expiration Date until the full and final payment of all such principal, interest, premiums, additional compensation, expenses or indemnification due under this Agreement and the Loan Documents. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender's Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Letters of Revolving Credit and Note, or (c) the expiration or early termination of this Agreement, be deemed to terminate any covenants, agreements, representations or warranties contained in this Agreement, the Commitments. In addition, all covenants and agreements Note or any of the Borrowers and other Loan Documents to the Lenders contained herein extent that such covenant, agreement, representation or warranty shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respectby its terms, set aside or required to be paid to a debtor in possessionsurvive the release, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligationsmaturity, expiration or early termination of this Agreement, the Letters of Credit and termination Note or any of the Commitments, to the extent such reinstatement and survival is necessary for the Administrative Agent to recover such Voided Paymentother Loan Documents.

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making funding of Loans and issuance of Letters of Credit the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersLender, the making funding of Loans, issuance of Letters of Creditany Borrowing Tranche, or payment in full of the LoansLoan. All covenants and agreements of the Loan Parties Borrower contained herein shall continue in full force and effect from and after the date hereof so long as the Borrowers Borrower may borrow or request Letters of Credit hereunder and until termination the later of (i) the Commitments and Expiration Date or (ii) the payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) Obligations. All covenants and expiration agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or termination of all Letters of Credit. Sections 4 expenses and 10.3 indemnification, including those set forth in the Note, shall survive payment in full of the ObligationsLoan and the Expiration Date. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender's Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Letters of Revolving Credit and Note, or (c) the expiration or early termination of this Agreement, be deemed to terminate any covenants, agreements, representations or warranties contained in this Agreement, the Commitments. In addition, all covenants and agreements Note or any of the Borrowers and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitmentsother Loan Documents, to the extent that such reinstatement and survival is necessary for covenant, agreement, representation or warranty, shall, by its terms survive the, release, maturity, expiration or early termination of this Agreement, the Administrative Agent to recover such Voided PaymentNote or any of the other Loan Documents.

Duration; Survival. All representations and warranties of the Loan Parties Borrower contained herein or made in connection herewith shall survive the making funding of Loans and issuance of Letters of Credit the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by the Administrative Agent or the LendersLender, the making funding of Loans, issuance of Letters of Creditany Borrowing Tranche, or payment in full of the LoansLoan. All covenants and agreements of the Loan Parties Borrower contained herein shall continue in full force and effect from and after the date hereof so long as the Borrowers Borrower may borrow or request Letters of Credit hereunder and until termination the later of (i) the Commitments and Expiration Date or (ii) the payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) Obligations. All covenants and expiration agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or termination of all Letters of Credit. Sections 4 expenses and 10.3 indemnification, including those set forth in the Note, shall survive payment in full of the ObligationsLoan and the Expiration Date. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender's Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Letters of Revolving Credit and Note, or any Fixed Rate Note or (c) the expiration or early termination of this Agreement, be deemed to terminate any covenants, agreements, representations or warranties contained in this Agreement, the Commitments. In addition, all covenants and agreements Note or any of the Borrowers and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitmentsother Loan Documents, to the extent that such reinstatement and survival is necessary for covenant, agreement, representation or warranty, shall, by its terms survive the, release, maturity, expiration or early termination of this Agreement, the Administrative Agent to recover such Voided PaymentNote or any of the other Loan Documents.

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 herein shall continue in full force and effect from and after the date hereof so long as the Borrowers may borrow or request Letters of Credit hereunder and until termination of the Commitments and payment in full of the Obligations (other than non-assessed contingent reimbursement obligations) and expiration or termination of all Letters of Credit. Sections 4 and 10.3 shall survive payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitments. In addition, all covenants and agreements of the Borrowers and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver, receiver and manager or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitments, to the extent such reinstatement and survival is necessary for the Administrative Agent to recover such Voided Payment.

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, the Notes, a Letter of Credit or any Loan Document, any investigation by the Administrative Agent Bank or the Lenders, the making of Loans, any Loan or the issuance of Letters a Letter of Credit, or payment in full of the LoansCredit hereunder. All covenants and agreements of the Loan Parties Borrowers contained herein shall continue in full force and effect from and after the date hereof so long as the Borrowers may borrow or hereunder, request Letters the issuance of a Letter of Credit hereunder or so long as any Letter of Credit shall be outstanding, and until termination of the Commitments and payment in full of the Obligations Notes, all Letter of Credit Reimbursement Obligations, interest thereon, fees and all other obligations of the Borrowers under this Agreement, the Notes and the Loan Documents. Without limitation, it is understood that all obligations of the Borrowers to make payments to or indemnify the Bank (other than non-assessed contingent reimbursement obligationsincluding, without limitation, obligations arising under Sections 2.07, 3.03 and 10.06 hereof) and expiration or termination of all Letters of Credit. Sections 4 and 10.3 shall survive the payment in full of the Obligations, expiration or termination of the Letters Notes and Letter of Credit Reimbursement Obligations and termination of the Commitments. In addition, all covenants and agreements other obligations of the Borrowers hereunder and the Lenders contained herein shall, if any related payment is later declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any secured party, receiver or similar Person, or otherwise voided or nullified (a “Voided Payment”), be reinstated and deemed to have survived payment in full of the Obligations, expiration or termination of the Letters of Credit and termination of the Commitments, to the extent such reinstatement and survival is necessary for the Administrative Agent to recover such Voided Paymentthereunder.