Common use of Reliance on and Survival of Various Provisions Clause in Contracts

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower or any Guarantor made herein, in any Guaranty or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower or any Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the Banks, notwithstanding any investigation heretofore or hereafter made by any Bank or on such Bank's behalf, and those covenants and agreements of the Borrowers set forth in Sections 3.7, 3.9 and 9.5 hereof shall survive the repayment in full of the Advances and the termination of the Commitments for a period of one year from such repayment or termination.

Appears in 6 contracts

Samples: Credit Agreement (Handleman Co /Mi/), Day Loan Agreement (Jabil Circuit Inc), Loan Agreement (Jabil Circuit Inc)

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Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower or any Guarantor made herein, in any Guaranty or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower or any Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the Banks, notwithstanding any investigation heretofore or hereafter made by any Bank or on such Bank's behalf, and those covenants and agreements of the Borrowers set forth in Sections 3.73.6, 3.9 3.8, 5.1(f) and 9.5 8.5 hereof shall survive the repayment in full of the Advances and the termination of the Commitments for a period of one year from such repayment or termination.

Appears in 4 contracts

Samples: Credit Agreement (Invacare Corp), Loan Agreement (Invacare Corp), Assumption Agreement (Invacare Corp)

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower or any Guarantor made herein, herein or in any Guaranty Security Document or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower or any Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the BanksLenders, notwithstanding any investigation heretofore or hereafter made by any Bank Lender or on such BankLender's behalf, and those covenants and agreements of the Borrowers set forth in Sections 3.73.8, 3.9 3.10 and 9.5 8.5 hereof shall survive the repayment in full of the Advances and the termination of the Commitments for a period of one year from such repayment or terminationCommitments.

Appears in 3 contracts

Samples: Credit Agreement (Oxford Automotive Inc), Credit Agreement (Prudenville Manufacturing Inc), Credit Agreement (Prudenville Manufacturing Inc)

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower or any Guarantor made herein, in any Guaranty or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower or any Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the Banks, notwithstanding any investigation heretofore or hereafter made by any Bank or on such Bank's behalf, and those covenants and agreements of the Borrowers set forth in Sections 3.73.6, 3.9 3.8 and 9.5 8.5 hereof shall survive the repayment in full of the Advances Loans and the termination of the Commitments for a period of one year from such repayment or termination.

Appears in 2 contracts

Samples: Guaranty Agreement (Invacare Corp), Loan Agreement (Invacare Corp)

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower the Borrowers or any Guarantor made herein, in any Guaranty or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower the Borrowers or any Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the BanksLenders, notwithstanding any investigation heretofore or hereafter made by any Bank Lender or on such BankLender's behalf, and those covenants and agreements of the Borrowers set forth in Sections 3.7, 3.9 and 9.5 8.5 hereof shall survive the repayment in full of the Advances and the termination of the Commitments for a period of one year from such repayment or termination.

Appears in 2 contracts

Samples: Credit Agreement (Universal Forest Products Inc), Guaranty Agreement (Universal Forest Products Inc)

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower or and any Guarantor made herein, herein or in any Guaranty other Loan Document or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower or and any Guarantor in connection with the negotiation and modification of this Agreement shall be deemed to be material and to have been relied upon by the BanksLenders, notwithstanding any investigation heretofore or hereafter made by any Bank Lender or on such BankLender's behalf, and those covenants and agreements of the Borrowers set forth in Sections 3.7Section 3.9, 3.9 3.11 and 9.5 hereof shall survive the repayment in full of the Advances and the termination of the Commitments for a period of one year from such repayment or terminationCommitments.

Appears in 2 contracts

Samples: Credit Agreement (MSX International Business Services Inc), Credit Agreement (MSX International Inc)

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower or any Guarantor made herein, in any Guaranty or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower or any Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the Banks, notwithstanding any investigation heretofore or hereafter made by any Bank or on such Bank's behalf, and those covenants and agreements of the Borrowers set forth in Sections 3.73.6, 3.9 3.8, 5.1(f) and 9.5 8.5 hereof shall survive the repayment in full of the Advances Loans and the termination of the Commitments for a period of one year from such repayment or termination.

Appears in 1 contract

Samples: Credit Agreement (Invacare Corp)

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any the Borrower or any Guarantor made herein, herein or in any Guaranty or in any certificate, report, financial statement or other document furnished by or on behalf of any the Borrower or any Guarantor in connection with this Agreement or any Guaranty shall be deemed to be material and to have been relied upon by the BanksLenders, notwithstanding any investigation heretofore or hereafter made by any Bank Lender or on such BankLender's behalf, and those covenants and agreements of the Borrowers Borrower set forth in Sections 3.7Section 3.6, 3.9 3.8 and 9.5 8.5 hereof shall survive the repayment in full of the Advances Loans and the termination of the Commitments for a period of one year from such repayment or terminationCommitments.

Appears in 1 contract

Samples: Guaranty Agreement (National Auto Credit Inc /De)

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Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower or any Guarantor made herein, in any Guaranty or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower or any Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the Banks, notwithstanding any investigation heretofore or hereafter made by any Bank or on such Bank's behalf, and those covenants and agreements of the Borrowers set forth in Sections 3.7, 3.9 and 9.5 hereof shall survive the repayment in full of the Advances and the termination of the Commitments for a period of one year from such repayment or terminationCommitments.

Appears in 1 contract

Samples: Credit Agreement (Handleman Co /Mi/)

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower or any Guarantor made herein, in any Guaranty or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower or any Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the Banks, notwithstanding any investigation heretofore or hereafter made by any Bank or on such Bank's ’s behalf, and those covenants and agreements of the Borrowers set forth in Sections 3.7, 3.9 and 9.5 hereof shall survive the repayment in full of the Advances and the termination of the Commitments for a period of one year from such repayment or terminationCommitments.

Appears in 1 contract

Samples: Credit Agreement (Handleman Co /Mi/)

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower or any Guarantor made herein, in any Guaranty herein or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower or any Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the Banks, notwithstanding any investigation heretofore or hereafter made by any Bank or on such Bank's behalf, and those covenants and agreements of the Borrowers set forth in Sections 3.7, 3.9 and 9.5 8.5 hereof shall survive the repayment in full of the Advances and the termination of the Commitments for a period of one year from such repayment or termination.

Appears in 1 contract

Samples: Jabil Circuit Inc

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower the Company or any Guarantor made herein, in any Guaranty or in any certificate, report, financial statement or other document furnished by or on behalf of any Borrower the Company or any Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the BanksLenders, notwithstanding any investigation heretofore or hereafter made by any Bank Lender or on such BankLender's behalf, and those covenants and agreements of the Borrowers Company set forth in Sections 3.7, 3.9 and 9.5 8.5 hereof shall survive the repayment in full of the Advances and the termination of the Commitments for a period of one year from such repayment or termination.

Appears in 1 contract

Samples: Credit Agreement (Universal Forest Products Inc)

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