Survival and Repetition of Representations and Warranties. The representations and warranties in, or given under, this agreement including, but not limited to, clauses 7.1 and 7.2:
(a) survive the execution of each Transaction Document; and
(b) are regarded as repeated on each Funding Date with respect to the facts and circumstances then subsisting.
Survival and Repetition of Representations and Warranties. The representations and warranties given under this agreement:
(a) survive the execution of each Transaction Document; and
(b) are repeated on the date of each Financier Hedging Agreement, each Funding Date and each Quarterly Date with respect to the facts and circumstances then subsisting until:
(1) the Commitment is cancelled; and
(2) the Secured Moneys are unconditionally repaid in full, or the Agent otherwise agrees in writing.
Survival and Repetition of Representations and Warranties. The representations and warranties set out in Section 8.01 will be repeated (i) in each Compliance Certificate delivered pursuant to Section 9.03(3), (ii) as of the date of each request for a new Advance by a Borrower, and (iii) in accordance with Section 9.05 in connection with the designation of Restricted Subsidiaries and Unrestricted Subsidiaries; except in any such case to the extent that on or prior to such date the Borrowers advise the Agent in writing of the variation in any such representation or warranty as of such date; and provided further that such disclosure will not excuse any breach of covenant or Event of Default arising hereunder other than as a result of the incorrectness of such representation and warranty.
Survival and Repetition of Representations and Warranties. The representations and warranties set forth in Section 6.01 survive the execution and delivery of this Agreement and all other Loan Documents and will be deemed to be repeated by the Credit Parties as of the Closing Date and the date of each Compliance Certificate, except in each case to the extent that on or prior to such date (a) the Credit Parties have advised the Lender in writing of a variation in any such representation or warranty, and (b) if such variation, in the opinion of the Lender, acting reasonably, is material to the property, liabilities, affairs, business, operations, prospects or condition (financial or otherwise) of the Credit Parties considered as a whole or could have, or be reasonably likely to result in, a Material Adverse Effect, the Lender have approved such variation.
Survival and Repetition of Representations and Warranties. The representations and warranties set out in Section 6.1 will be deemed to be repeated by each Obligor as of the last Business Day of each month except to the extent that on or prior to such date:
(a) the Borrower has advised the Agent in writing of a variation in any such representation or warranty; and
(b) the Agent has approved such variation in writing.
Survival and Repetition of Representations and Warranties. The representations and warranties set out in Section 9.01 survive the execution and delivery of this Agreement and all other Loan Documents and will be deemed to be repeated by the Borrowers so long as any Obligations remain outstanding.
Survival and Repetition of Representations and Warranties. The representations and warranties made in Section 6.1 of this Agreement or any other Loan Document will survive the execution of this Agreement and the other Loan Documents until the payment in full of all Obligations and will be deemed repeated as of the date of each Compliance Certificate delivered pursuant to Section 9.2.1(iii) of this Agreement, as of the date of each Milestone Certificate delivered pursuant to Section 3.3.2 of this Agreement, and as of the date of each Advance. The Borrower acknowledges that the Lender has relied upon all representations and warranties in the making of the Advances and establishing the Loan Facility. In connection with the repetition of such representations and warranties, the Borrower shall be required to update the disclosure contained in Schedules 6.1.8, 6.1.10, 6.1.16, 6.1.17, 6.1.18, 6.1.20, 6.1.23, 6.1.24, 6.1.34 and 6.1.37 (which it shall do with each Compliance Certificate that is delivered to the Lender) necessary to correct any information in such Schedule or representation which has been rendered inaccurate thereby (and, in the case of any supplements to any Schedule, such Schedule shall be appropriately marked to show the changes made therein); provided that (i) no such supplement to any of the Schedules shall amend, supplement or otherwise modify such Schedule or corresponding representation, or be or be deemed a waiver of any Default or Event of Default resulting from the matters disclosed therein, except as consented to by the Lender in writing, and (ii) no supplement shall be required or permitted as to representations and warranties that relate solely to the Closing Date.
Survival and Repetition of Representations and Warranties. The representations and warranties set out in Section 8.1 shall survive the execution and delivery of this Agreement and all other Loan Documents and will be deemed to be repeated by the Borrower as of each Borrowing Date, Rollover Date and Conversion Date, except for those representations expressly stated to be made as of an earlier date, and except to the extent that, on or prior to such date, (i) with respect to the disclosure addressed by the Schedules listed in Section 9.1.
2.1 the Borrower has disclosed a variation in any applicable representation and warranty in accordance with such Section, or (ii) the Borrower has advised the Administrative Agent in writing of a variation in any such representation or warranty and the Required Lenders have approved such variation.
Survival and Repetition of Representations and Warranties. (a) The representations and warranties in clause 9.1 shall survive the execution of this Agreement and the provision of the Accommodation and shall be deemed to have been given on the first Accommodation Date and shall also be deemed to have been made and repeated on each subsequent Accommodation Date.
(b) The representations and warranties in clause 9.2 shall survive the provision of Accommodation and shall be deemed to have been made and repeated on each Accommodation Date.
Survival and Repetition of Representations and Warranties. (a) The representations, warranties and covenants contained in this Agreement shall be considered to be relied upon by the City and shall not merge and shall survive the execution and delivery of this Agreement and continue in full force and effect for the term of this Agreement.
