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: Loan Agreement (Jabil Circuit Inc), 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: Loan Agreement (Invacare Corp), Loan Agreement (Invacare Corp), Credit 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 (Prudenville Manufacturing Inc), Credit Agreement (Prudenville Manufacturing Inc), Credit Agreement (Oxford Automotive 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 the Company 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 the Company 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, behalf and those covenants and agreements of the Borrowers Company set forth in Sections Section 3.7, 3.9 and 9.5 8.5 hereof shall survive the repayment in full of the Revolving Credit Advances and the Term Loan and the termination of the Commitments for a period of one year from such repayment or terminationCommitments.

Appears in 2 contracts

Samples: Credit Agreement (Apcoa Standard Parking Inc /De/), Credit Agreement (Ap Holdings Inc)

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), Credit Agreement (Universal Forest Products 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: Loan 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 Company 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 the Company 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 Company set forth in Sections Section 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 terminationCommitments.

Appears in 1 contract

Samples: Credit Agreement (National Wine & Spirits 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 ’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 the Company 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 the Company 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 Bank's behalf, Lender’s behalf and those covenants and agreements of the Borrowers Company set forth in Sections Section 3.7, 3.9 and 9.5 8.5 hereof shall survive the repayment in full of the Revolving Credit Advances and the Term Loan and the termination of the Commitments for a period of one year from such repayment or terminationCommitments.

Appears in 1 contract

Samples: Credit Agreement (Standard Parking Corp)

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)

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 representa-tions and warranties of any Borrower the Company or any the 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 the Company, or any the Guarantor in connection with this Agreement shall be deemed to be material and to have been relied upon by the BanksBank, notwithstanding any investigation heretofore or hereafter made by any the Bank or on such the Bank's behalf, and those covenants and agreements of the Borrowers Company set forth in Sections 3.7Section 3.6, 3.9 3.8 and 9.5 7.5 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: Loan Agreement (Vsi Holdings Inc)

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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 Section 3.7, 3.9 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: Short Term Credit Agreement (National Auto Credit Inc /De)

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower the Company 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 the Company 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 Company 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 (Sos Staffing Services Inc)

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: Short Term Credit Agreement (National Auto Credit Inc /De)

Reliance on and Survival of Various Provisions. All terms, covenants, agreements, representations and warranties of any Borrower or the Company 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 the Company 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 Company set forth in Sections Section 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 terminationCommitments.

Appears in 1 contract

Samples: Credit Agreement (Key Plastics 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 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: Three Year Loan Agreement (Jabil Circuit 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: 364 Day 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, in any Guaranty herein 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 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 Borrower 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: Bridge Credit Agreement (Invacare Corp)

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