Common use of Interpretation and Survival of Provisions Clause in Contracts

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word "including" shall mean "including but not limited to." Whenever the Seller has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of the Seller unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by the Purchasers, any holder of the Warrants or the Acquired Shares, such action shall be in such Person's sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations, warranties, and covenants made in this Agreement, the Notes or any other Basic Document shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller or the Purchasers or (b) acceptance of any of the Securities and payment therefor and repayment or repurchase thereof. All indemnification obligations of the Seller and the provisions of Section 12.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing those individual Sections, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this AgreementIndenture, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word "including" shall mean "including but not limited to." Whenever the Seller Borrower has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of the Seller Borrower unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by the Purchasers, any holder of the Warrants or the Acquired SharesNoteholders, such action shall be in such Person's the Noteholders' sole discretion unless otherwise specified in this AgreementIndenture. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations, warranties, and covenants made in this AgreementIndenture, the Notes or any other Basic Document shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller Borrower or the Purchasers Noteholders or (b) acceptance of any of the Securities Notes and payment therefor and repayment or repurchase thereof. All indemnification obligations of the Seller Borrower and the provisions of Section 12.02 13.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing those individual Sections, regardless of any purported general termination of this AgreementIndenture or any other Basic Document.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Senior Loan Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word "including" shall mean "including but not limited to." Whenever the Seller Borrower has an obligation under the Basic Senior Loan Documents, the expense of complying with that obligation shall be an expense of the Seller Borrower unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by the Purchasers, any holder of the Warrants Senior Agent or the Acquired SharesSenior Lenders, such action shall be in such Personthe Senior Agent's or Senior Lenders', as applicable, sole discretion unless otherwise specified in this Senior Loan Agreement. If any provision in the Basic Senior Loan Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Senior Loan Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Senior Loan Documents, and the remaining provisions shall remain in full force and effect. The Basic Senior Loan Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations, warranties, and covenants made in this Agreement, Senior Loan Agreement and the Notes or any other Basic Document shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller Borrower, the Senior Agent, or the Purchasers or (b) acceptance of any of the Securities and payment therefor and repayment or repurchase thereofSenior Lender. All indemnification obligations of the Seller Borrower hereunder and the provisions of Section 12.02 9.2 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing those individual Sectionssuch obligations, regardless of any purported general termination of this Senior Loan Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word "including" shall mean "including but not limited to." Whenever the Seller any Agreement Obligor has an obligation under the Basic Documentsthis Agreement, the expense of complying with that obligation shall be an expense of the Seller Companies unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by the Purchasers, any holder of the Warrants or the Acquired SharesCollateral Agent, such action shall be in such Personthe Collateral Agent's sole reasonable discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents this Agreement is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents this Agreement shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documentsthis Agreement, and the remaining provisions shall remain in full force and effect. The Basic Documents have This Agreement has been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations, warranties, and covenants made in this Agreement, the Notes or any other Basic Document Agreement shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller or the Purchasers any Person, or (b) the issuance and acceptance of any of the Securities Master Debt and payment therefor and repayment or repurchase thereoftherefor. All indemnification obligations of the Seller and the provisions of Section 12.02 Provisions which expressly state so shall remain operative and in full force and effect unless such obligations provisions are expressly terminated in a writing referencing those individual Sectionsprovisions, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Subordinated Loan Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word "including" shall mean "including but not limited to." Whenever the Seller Borrower has an obligation under the Basic Subordinated Loan Documents, the expense of complying with that obligation shall be an expense of the Seller Borrower unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by the Purchasers, any holder of the Warrants Subordinated Agent or the Acquired SharesSubordinated Lenders, such action shall be in such Personthe Subordinated Agent's or Subordinated Lenders', as applicable, sole discretion unless otherwise specified in this -42- 48 Subordinated Loan Agreement. If any provision in the Basic Subordinated Loan Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Subordinated Loan Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Subordinated Loan Documents, and the remaining provisions shall remain in full force and effect. The Basic Subordinated Loan Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations, warranties, and covenants made in this Agreement, Subordinated Loan Agreement and the Subordinated Notes or any other Basic Document shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller Borrower, the Subordinated Agent, or the Purchasers or (b) acceptance of any of the Securities and payment therefor and repayment or repurchase thereofSubordinated Lender. All indemnification obligations of the Seller Borrower hereunder and the provisions of Section 12.02 9.2 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing those individual Sectionssuch obligations, regardless of any purported general termination of this Subordinated Loan Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word "“including" ” shall mean "“including but not limited to." ” Whenever the Seller has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of the Seller unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by the Purchasers, any holder of the Warrants or the Acquired Sharesa Purchaser, such action shall be in such Person's Purchaser’s sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations, warrantiesrepresentations and warranties shall survive for the applicable one-year period identified in the first paragraph of Article III above, and the covenants made in this Agreement, the Notes Agreement or any other Basic Document shall survive the closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller or the Purchasers any Purchaser or (b) acceptance of any of the Securities Purchased Units or Option Units, if any, and payment therefor and repayment repayment, conversion, exercise or repurchase thereof. All indemnification obligations of the Seller and the provisions of Section 12.02 6.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing those that individual SectionsSection, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word "including" shall mean "including but not limited to." Whenever the Seller Company has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of the Seller Company unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by the Purchasers, any holder of the Warrants or the Acquired SharesPurchaser, such action shall be in such Personthe Purchaser's sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations, warranties, and covenants made in this Agreement, the Notes or any other Basic Document Agreement shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller Company or the Purchasers Purchaser or (b) acceptance of any of the Securities and payment therefor and repayment or repurchase thereof. All indemnification obligations of the Seller and the The provisions of Section 12.02 Sections 3.21 and 7.02 shall remain operative and in full force and effect unless such obligations Sections are expressly terminated in a writing referencing those individual Sections, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Subordinated Loan Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word "including" shall mean "including but not limited to." Whenever the Seller Borrower has an obligation under the Basic Subordinated Loan Documents, the expense of complying with that obligation shall be an expense of the Seller Borrower unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by the Purchasers, any holder of the Warrants Subordinated Agent or the Acquired SharesSubordinated Lenders, such action shall be in such Personthe Subordinated Agent's or Subordinated Lenders', as applicable, sole discretion unless otherwise specified in this Subordinated Loan Agreement. If any provision in the Basic Subordinated Loan Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Subordinated Loan Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Subordinated Loan Documents, and the remaining provisions shall remain in full force and effect. The Basic Subordinated Loan Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations, warranties, and covenants made in this Agreement, Subordinated Loan Agreement and the Notes or any other Basic Document shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller Borrower, the Subordinated Agent, or the Purchasers or (b) acceptance of any of the Securities and payment therefor and repayment or repurchase thereofSubordinated Lender. All indemnification obligations of the Seller Borrower hereunder and the provisions of Section 12.02 9.2 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing those individual Sectionssuch obligations, regardless of any purported general termination of this Subordinated Loan Agreement.

Interpretation and Survival of Provisions. Article, Section, ----------------------------------------- Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word "including" shall mean "including but not limited to." Whenever the Seller any Debtor has an obligation under the Basic Documentsthis Agreement, the expense of complying with that obligation shall be an expense of the Seller Debtors unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by the Purchasers, any holder of the Warrants or the Acquired SharesCollateral Trustee, such action shall be in such Personthe Collateral Trustee's sole reasonable discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents this Agreement is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents this Agreement shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documentsthis Agreement, and the remaining provisions shall remain in full force and effect. The Basic Documents have This Agreement has been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations, warranties, and covenants made in this Agreement, the Notes or any other Basic Document Agreement shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller or the Purchasers any Person, or (b) the issuance and acceptance of any of the Securities Master Debt and payment therefor and repayment or repurchase thereoftherefor. All indemnification obligations of the Seller and the provisions of Section 12.02 Provisions which expressly state so shall remain operative and in full force and effect unless such obligations provisions are expressly terminated in a writing referencing those individual Sectionsprovisions, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word "“including" ” shall mean "“including but not limited to." ” Whenever the Seller any Debtor has an obligation under the Basic Documentsthis Agreement, the expense of complying with that obligation shall be an expense of the Seller Debtors unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by the Purchasers, any holder of the Warrants or the Acquired SharesCollateral Trustee, such action shall be in such Person's sole the Collateral Trustee’s reasonable discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents this Agreement is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents this Agreement shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documentsthis Agreement, and the remaining provisions shall remain in full force and effect. The Basic Documents have This Agreement has been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations, warranties, and covenants made in this Agreement, the Notes or any other Basic Document Agreement shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller or the Purchasers any Person, or (b) the issuance and acceptance of any of the Securities Master Debt and payment therefor and repayment or repurchase thereoftherefor. All indemnification obligations of the Seller and the provisions of Section 12.02 Provisions which expressly state so shall remain operative and in full force and effect unless such obligations provisions are expressly terminated in a writing referencing those individual Sectionsprovisions, regardless of any purported general termination of this Agreement.