Common use of Duration; Survival Clause in Contracts

Duration; Survival. All representations and warranties of Borrower contained herein or made in connection herewith shall survive the funding of the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by Lender, the funding of any Borrowing Tranche, or payment in full of the Loan. All covenants and agreements of Borrower contained herein shall continue in full force and effect from and after the date hereof so long as Borrower may borrow hereunder and until the later of (i) the Expiration Date or (ii) the payment in full of the Obligations. All covenants and agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Note, shall survive payment in full of the Loan 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 Revolving Credit 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 Note or any of the other Loan Documents to the extent that such covenant, agreement, representation or warranty shall, by its terms, survive the release, maturity, expiration or early termination of this Agreement, the Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of Borrower and Sponsor contained herein or made in connection herewith shall survive the funding of the initial advance Borrower Advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by Lender, the funding of any the Borrowing Advance Tranche, or increase thereof, or payment in full of the Loanportion of the Sponsor Borrower Loan owed by Borrower. All covenants and agreements of Borrower and Sponsor contained herein shall continue in full force and effect from and after the date hereof so long as Borrower may borrow hereunder and until the later of the (i) the Expiration Date Date, or (ii) the payment in full of the Obligations. All Except as provided in Sections 2.6 and 3.2, all covenants and agreements of Borrower and Sponsor contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Note, Revolving Credit Note shall survive payment in full of the portion of the Sponsor Borrower Loan owed by Borrower 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 DocumentsDate. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender’s Lien on any the Collateral Pool Property, (b) the maturity, expiration or early termination of the Revolving Credit Note, 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 Revolving Credit Note or any of the other Loan Documents Documents, to the extent that such covenant, agreement, representation or warranty warranty, shall, by its terms, terms survive the release, maturity, expiration or early termination of this Agreement, the Revolving Credit Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of Borrower contained herein made hereunder and in any other Loan Document or made other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the funding of the initial advance hereunder and shall not be waived by the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by each Agent and each Lender, regardless of this Agreement, any investigation made by Lender, the funding any Agent or any Lender or on their behalf and notwithstanding that any Agent or any Lender may have had notice or knowledge of any Borrowing TrancheEvent of Default at the time of any credit extension hereunder, or payment and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied or any Letter of the LoanCredit shall remain outstanding. All covenants and agreements of Borrower the Credit 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 any Borrower may borrow hereunder or request the Issuances of Letters of Credit and until the later payment in full of (i) the Expiration Date all Obligations other than indemnity obligations not yet due and payable. Without limitation, all obligations of each Borrower hereunder or (ii) under any other Loan Document to make payments to or indemnify each Agent or any Lender shall survive the payment in full of all other obligations, termination of such Borrower's right to borrow hereunder, and all other events and conditions whatever. In addition, all obligations of each Lender to make payments to or indemnify the Obligations. All covenants and agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Note, Agents shall survive the payment in full of by the Loan and the Expiration Date until the full and final payment Borrowers of all such principalObligations, 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 Revolving Credit Noteeach Borrower's right to borrow hereunder, and all other events 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 Note or any of the other Loan Documents to the extent that such covenant, agreement, representation or warranty shall, by its terms, survive the release, maturity, expiration or early termination of this Agreement, the Note or any of the other Loan Documentsconditions whatever.

Duration; Survival. All representations and warranties of Borrower contained herein or made in connection herewith shall survive the funding of the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by Lender, the funding of any Borrowing Tranche, or payment in full of the Loan. All covenants and agreements of Borrower contained herein shall continue in full force and effect from and after the date hereof so long as Borrower may borrow hereunder and until the later of (i) the Expiration Date or and (ii) the payment in full of the Obligations. All covenants and agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Note, shall survive payment in full of the Loan 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 DocumentsDate. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender’s 's Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Revolving Credit 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 Note or any of the other Loan Documents Documents, to the extent that such covenant, agreement, representation or warranty shall, by its terms, survive the release, maturity, expiration or early termination of this Agreement, the Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of Borrower contained herein or made in connection herewith shall survive the funding of the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by Lender, the funding of any Borrowing Tranche, or payment in full of the LoanLoan (subject to the terms and provisions of Section 6.3 herein). All covenants and agreements of Borrower contained herein shall continue in full force and effect from and after the date hereof so long as Borrower may borrow hereunder and until the later of (i) the Expiration Date or (ii) the payment in full of the Obligations. All covenants and agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Revolving Credit Note, shall survive payment in full of the Loan 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 DocumentsDate. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender’s Lien on any Collateral Pool Mortgaged Property, (b) the maturity, expiration or early termination of the Revolving Credit Note, 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 Revolving Credit Note or any of the other Loan Documents Documents, to the extent that such covenant, agreement, representation or warranty warranty, shall, by its termsterms survive the, survive the release, maturity, expiration or early termination of this Agreement, the Revolving Credit Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of Borrower the Loan Parties contained herein or made in connection herewith shall survive the funding making of the initial advance hereunder Loans and issuance of Letters of Credit and shall not be waived by the execution and delivery of this Agreement, any investigation by Lenderthe Agent or the Banks, the funding making of any Borrowing TrancheLoans, issuance of Letters of Credit, or payment in full of the LoanLoans. All covenants and agreements of Borrower the Loan Parties contained in Sections 0 [Affirmative Covenants], 0 [Negative Covenants] and 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 later of (i) the Expiration Date or (ii) the Commitments and payment in full of the ObligationsLoans 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 NoteNotes, Section 0 [Payments] and Sections 0 [Reimbursement of Agent by Borrower, Etc.], 0 [Reimbursement of Agent by Banks, Etc.] and 0 [Reimbursement of Banks by Borrower; Etc.], shall survive payment in full of the Loan 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 maturityLoans, expiration or early termination of the Letters of Credit and termination of the Commitments. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Banks, the Agent, the Loan Parties and their respective successors and assigns, except that none of the Loan Parties may assign or transfer any of its rights and Obligations hereunder or any interest herein. Each Bank may, at its own cost, make assignments of or sell participations in all or any part of its Commitments and the Loans made by it to one or more banks or other entities, subject to the consent of the Borrower and the Agent with respect to any assignee, such consent not to be unreasonably withheld, provided that (1) no consent of the Borrower shall be required (A) if an Event of Default exists and is continuing, or (B) in the case of an assignment by a Bank to an Affiliate of such Bank, and (2) any assignment by a Bank to a Person other than an Affiliate of such Bank may not be made in amounts less than the lesser of $5,000,000 or the amount of the assigning Bank's Commitment. In the case of an assignment, upon receipt by the Agent of the Assignment and Assumption Agreement, the assignee shall have, to the extent of such assignment (unless otherwise provided therein), the same rights, benefits and obligations as it would have if it had been a signatory Bank hereunder, the Commitments shall be adjusted accordingly, and upon surrender of any Note subject to such assignment, the Borrower shall execute and deliver a new Note to the assignee in an amount equal to the amount of the Revolving Credit NoteCommitment or Term Loan assumed by it and a new Revolving Credit Note or Term Note to the assigning Bank in an amount equal to the Revolving Credit Commitment or Term Loan retained by it hereunder. Any Bank which assigns any or all of its Commitment or Loans to a Person other than an Affiliate of such Bank shall pay to the Agent a service fee in the amount of $3,500 for each assignment. In the case of a participation, the participant shall only have the rights specified in Section 0 [Set-off] (the participant's rights against such Bank in respect of such participation to be those set forth in the agreement executed by such Bank in favor of the participant relating thereto and not to include any voting rights except with respect to changes of the type referenced in Sections 0 [Increase of Commitment, Etc.], 0 [Extension of Payment, Etc.], or 0 [Release of Collateral or Guarantor]), all of such Bank's obligations under this Agreement or any other Loan Document shall remain unchanged, and all amounts payable by any Loan Party hereunder or thereunder shall be determined as if such Bank had not sold such participation. Any assignee or participant which is not incorporated under the Laws of the United States of America or a state thereof shall deliver to the Borrower and the Agent the form of certificate described in Section 0 [Tax Withholding Clause] relating to federal income tax withholding. Each Bank may furnish any publicly available information concerning any Loan Party or its Subsidiaries and any other information concerning any Loan Party or its Subsidiaries in the possession of such Bank from time to time to assignees and participants (c) including prospective assignees or participants), provided that such assignees and participants agree to be bound by the expiration or early termination provisions of this Agreement, be deemed to terminate Section 0 [Confidentiality]. Notwithstanding any covenants, agreements, representations or warranties contained other provision in this Agreement, the Note any Bank may at any time pledge or grant a security interest in all or any portion of its rights under this Agreement, its Notes and the other Loan Documents to the extent that such covenant, agreement, representation or warranty shall, by its terms, survive the release, maturity, expiration or early termination of this Agreement, the Note or any Federal Reserve Bank in accordance with Regulation A of the FRB or U.S. Treasury Regulation 31 CFR Section 203.14 without notice to or consent of the Borrower or the Agent. No such pledge or grant of a security interest shall release the transferor Bank of its obligations hereunder or under any other Loan DocumentsDocument.

Duration; Survival. All representations and warranties of Borrower contained herein or made in connection herewith shall survive the funding of the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by Lender, the funding of any Borrowing Tranche, or payment in full of the Loan. All covenants and agreements of Borrower contained herein shall continue in full force and effect from and after the date hereof so long as Borrower may borrow hereunder and until the later of (i) the Expiration Date or (ii) the payment in full of the Obligations. All covenants and agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Revolving Credit Note, shall survive payment in full of the Loan 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 DocumentsDate. 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 Revolving Credit Note, 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 Revolving Credit Note or any of the other Loan Documents Documents, to the extent that such covenant, agreement, representation or warranty warranty, shall, by its termsterms survive the, survive the release, maturity, expiration or early termination of this Agreement, the Revolving Credit Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of Borrower contained herein or made in connection herewith shall survive the funding of the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by Lender, the funding of any Borrowing Tranche, or payment in full of the Loan. All covenants and agreements of Borrower contained herein shall continue in full force and effect from and after the date hereof so long as Borrower may borrow hereunder and until the later of (i) the Expiration Date or (ii) the payment in full of the Obligations. All covenants and agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Note, shall survive payment in full of the Loan 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 DocumentsDate. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender’s 's Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Revolving Credit 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 Note or any of the other Loan Documents Documents, to the extent that such covenant, agreement, representation or warranty warranty, shall, by its termsterms survive the, survive the release, maturity, expiration or early termination of this Agreement, the Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of Borrower contained herein or made in connection herewith shall survive the funding of the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by Lender, the funding of any Borrowing Tranche, or payment in full of the Loan. All covenants and agreements of Borrower contained herein shall continue in full force and effect from and after the date hereof so long as Borrower may borrow hereunder and until the later of (i) the Expiration Date or (ii) the payment in full of the Obligations. All covenants and agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Note, shall survive payment in full of the Loan 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 DocumentsDate. Notwithstanding any of the foregoing to the contrary, in no event shall (a) the release of Lender’s 's Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Revolving Credit 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 Note or any of the other Loan Documents Documents, to the extent that such covenant, agreement, representation or warranty warranty, shall, by its termsterms survive the, survive the release, maturity, expiration or early termination of this Agreement, the Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of Borrower contained herein or made in connection herewith shall survive the funding of the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by Lender, the funding of any Borrowing Tranche, or payment in full of the Loan. All covenants and agreements of Borrower contained herein shall continue in full force and effect from and after the date hereof so long as Borrower may borrow hereunder and until the later of (i) the Expiration Date or (ii) the payment in full of the Obligations. All covenants and agreements of Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Note, shall survive payment in full of the Loan 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 's Lien on any Collateral Pool Property, (b) the maturity, expiration or early termination of the Revolving Credit 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 Note or any of the other Loan Documents to the extent that such covenant, agreement, representation or warranty shall, by its terms, survive the release, maturity, expiration or early termination of this Agreement, the Note or any of the other Loan Documents.

Duration; Survival. All representations and warranties of Borrower contained herein or made in connection herewith shall survive the funding of the initial advance hereunder and shall not be waived by the execution and delivery of this Agreement, any investigation by Lender, the funding of any Borrowing Tranche, or payment in full of the LoanLoan (subject to the terms and provisions of Section 7.2 herein). All covenants and agreements of Borrower contained herein shall continue in full force and effect from and after the date hereof so long as Borrower may borrow hereunder and until the later of the (i) the Expiration Date Date, or (ii) the payment in full of the Obligations. All Except as provided in Sections 2.6 and 3.2, all covenants and agreements of any Borrower contained herein relating to the payment of principal, interest, premiums, additional compensation or expenses and indemnification, including those set forth in the Note, Revolving Credit Note or the Fixed Rate Note shall survive payment in full of the Loan 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 DocumentsDate. 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 Revolving Credit Note, 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 Revolving Credit Note, the Fixed Rate Note or any of the other Loan Documents Documents, to the extent that such covenant, agreement, representation or warranty warranty, shall, by its terms, terms survive the release, maturity, expiration or early termination of this Agreement, the Revolving Credit Note, Fixed Rate Note or any of the other Loan Documents.