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

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 out in Section 8.01 7.01 will be repeated (i) in each Compliance Certificate delivered pursuant to Section 9.03(38.03(2)(b), (ii) as of the date of each request for a new Advance by a the Borrower, and (iii) in accordance with Section 9.05 8.05 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 Borrower advises 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.