Common use of Survival and Continuation of Representations and Warranties Clause in Contracts

Survival and Continuation of Representations and Warranties. All of Borrower’s representations and warranties contained in this Agreement shall (i) survive the execution, delivery and acceptance hereof by the parties hereto and the closing of the transactions described herein or related hereto, (ii) be deemed to be made as of each and every day of the term of this Agreement, and (iii) remain true until the Obligations are fully performed, paid and satisfied, subject to such changes as may not be prohibited hereby, do not constitute Events of Default hereunder, and have been consented to by Bank in writing.

Appears in 2 contracts

Samples: Financing Agreement (EQM Technologies & Energy, Inc.), Financing Agreement (EQM Technologies & Energy, Inc.)

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Survival and Continuation of Representations and Warranties. All of each Borrower’s representations and warranties contained in this Agreement shall (i) survive the execution, delivery and acceptance hereof by the parties hereto and the closing of the transactions described herein or related hereto, hereto and (ii) be deemed to be made as of each and every day of the term of this Agreement, and (iii) remain true until the Obligations are fully performed, paid and satisfiedsatisfied and are made by each Borrower with the same effect as though the representations and warranties had been made again on, subject to such and as of, each day of the term of this Agreement, other than those changes as may not be prohibited hereby, do not constitute Events of Default hereunderDefault, and or have been consented to by Bank in writing.

Appears in 2 contracts

Samples: Security Agreement (EQM Technologies & Energy, Inc.), Security Agreement (EQM Technologies & Energy, Inc.)

Survival and Continuation of Representations and Warranties. All of Borrower’s Borrowers' representations and warranties contained in this Agreement shall (i) survive the execution, delivery and acceptance hereof by the parties hereto and the closing of the transactions described herein or related hereto, (ii) be deemed to be made as of each and every day of the term of this Agreement, and (iii) remain true until the Obligations are fully performed, paid and satisfied, subject to such changes as may not be prohibited hereby, do not constitute Events of Default hereunder, and have been consented to by Bank in writing.

Appears in 1 contract

Samples: Financing Agreement (Fm Precision Golf Corp)

Survival and Continuation of Representations and Warranties. All of BorrowerDebtor’s representations and warranties contained in this Agreement shall (ia) survive the execution, delivery and acceptance hereof by the parties hereto and the closing of the transactions described herein or related hereto, (ii) be deemed to be made as of each and every day of the term of this Agreement, and (iiib) remain true until the Obligations are fully performed, paid and satisfiedsatisfied and are made by Debtor with the same effect as though the representations and warranties had been made again on, and as of, each day on which an advance or extension of credit is made under the Financing Agreement, subject to such changes as may not be prohibited hereby, do not constitute Events of Default hereunderDefault, and or have been consented to by Bank in writing.

Appears in 1 contract

Samples: Financing Agreement (OVERSTOCK.COM, Inc)

Survival and Continuation of Representations and Warranties. All of each Borrower’s 's representations and warranties contained in this Agreement shall (i) survive the execution, delivery and acceptance hereof by the parties hereto and the closing of the transactions described herein or related hereto, hereto and (ii) be deemed to be made as of each and every day of the term of this Agreement, and (iii) remain true until the Obligations are fully performed, paid and satisfied, subject to such changes as may not be prohibited hereby, do not constitute Events of Default hereunder, and have been consented to by Bank Required Lenders in writing.

Appears in 1 contract

Samples: Financing Agreement (Sabreliner Corp)

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Survival and Continuation of Representations and Warranties. All of each Borrower’s 's representations and warranties contained in this Agreement shall (i) survive the execution, delivery and acceptance hereof by the parties hereto and the closing of the transactions described herein or related hereto, hereto and (ii) be deemed to be made as of each and every day of the term of this Agreement, and (iii) remain true until the Obligations are fully performed, paid and satisfied, made by Borrowers with the same effect as though the representations and warranties had been made again on, and as of, each day of the term of this Agreement, subject to such changes as may not be prohibited hereby, do not constitute Events of Default hereunderDefault, and have been consented to by Bank in writing.

Appears in 1 contract

Samples: Security Agreement (Fm Precision Golf Corp)

Survival and Continuation of Representations and Warranties. All of Borrower’s representations and warranties contained in this Agreement shall (ia) survive the execution, delivery and acceptance hereof by the parties hereto and the closing of the transactions described herein or related hereto, (ii) be deemed to be made as of each and every day of the term of this Agreement, and (iiib) remain true until the Obligations are fully performed, paid and satisfiedsatisfied and are made by Borrower with the same effect as though the representations and warranties had been made again on, and as of, each day on which an advance or extension of credit is made under the Financing Agreement, subject to such changes as may not be prohibited hereby, do not constitute Events of Default hereunderDefault, and or have been consented to by Bank in writing.

Appears in 1 contract

Samples: Security Agreement (OVERSTOCK.COM, Inc)

Survival and Continuation of Representations and Warranties. All of Borrower’s representations and warranties contained in this Agreement shall (ia) survive the execution, delivery and acceptance hereof by the parties hereto and the closing of the transactions described herein or related hereto, (iib) be deemed to be made as of each and every day of the term of this Agreement, and (iiic) remain true until the Obligations are fully performed, paid and satisfied, subject to such changes as may not be prohibited hereby, do not constitute Defaults or Events of Default hereunder, and have been consented to by Bank in writing.

Appears in 1 contract

Samples: Financing Agreement (OVERSTOCK.COM, Inc)

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