Common use of Survival and Termination of Agreement Clause in Contracts

Survival and Termination of Agreement. All covenants, agreements, representations and warranties made herein and in any certificate, document or statement delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Agreement and any Notes, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Agents or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect so long as any Loan or any amount payable to any Lender under or in connection with this Agreement or any Loan is unpaid and so long as the Commitments have not expired or terminated. It being expressly understood that the obligations of the Borrowers to the Administrative Agent and each Lender under subsections 2.14, 2.16, 2.17 and 9.5 and the obligations of the Lenders to the Administrative Agent under subsection 8.7 shall survive the payment in full of the Loans and all other amounts payable hereunder; provided, that with respect to amounts payable under subsections 2.14, 2.16, 2.17, 8.7 and 9.5, such amounts shall be deemed to have been paid if no claim therefor is made within one year after payment in full of the Loans and all other amounts payable hereunder. Notwithstanding the foregoing, no Lender shall be entitled to any payments from either Borrower under subsection 2.14, 2.16, 2.17 or 9.5 unless, within one year of such Lender’s obtaining actual knowledge of the occurrence of the event or events giving rise to the operation of any such subsection, it has notified the Borrowers of the occurrence of such event or events; provided, however, that the requirement for notice set forth herein shall have no effect on the nature or scope of the provisions of such subsections other than as expressly stated in this subsection 9.11.

Survival and Termination of Agreement. All covenants, agreements, representations and warranties made herein and in any certificate, document or statement delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Agreement and any Notes, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Agents or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect so long as any Loan or any amount payable to any Lender under or in connection with this Agreement or any Loan is unpaid and so long as the Commitments have not expired or terminated. It being expressly understood that the obligations of the Borrowers to the Administrative Agent and each Lender under subsections 2.14, 2.16, 2.17 and 9.5 and the obligations of the Lenders to the Administrative Agent under subsection 8.7 shall survive the payment in full of the Loans and all other amounts payable hereunder; provided, that with respect to amounts payable under subsections 2.14, 2.16, 2.17, 8.7 and 9.5, such amounts shall be deemed to have been paid if no claim therefor is made within one year after payment in full of the Loans and all other amounts payable hereunder. Notwithstanding the foregoing, no Lender shall be entitled to any payments from either Borrower under subsection 2.14, 2.16, 2.17 or 9.5 unless, within one year of such Lender’s Xxxxxx's obtaining actual knowledge of the occurrence of the event or events giving rise to the operation of any such subsection, it has notified the Borrowers of the occurrence of such event or events; provided, however, that the requirement for notice set forth herein shall have no effect on the nature or scope of the provisions of such subsections other than as expressly stated in this subsection 9.11.. 9.12

Survival and Termination of Agreement. All covenants, agreements, representations and warranties made herein and in any certificate, document or statement delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Agreement and any Notes, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Agents or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, Notes and shall continue in full force and effect so long as any the Loan or any amount payable to any Lender Bank under or in connection with this Agreement or any the Loan is unpaid and so long as the Commitments have not expired or terminated. It unpaid, at which time this Agreement shall terminate, it being expressly understood that the obligations of the Borrowers Borrower to the Administrative Agent and each Lender Bank under subsections 2.14, 2.162.15, 2.17 2.16 and 9.5 and the obligations of the Lenders Banks to the Administrative Agent and the Lead Arranger under subsection 8.7 shall survive the payment in full of the Loans Loan and all other amounts payable hereunder; provided, that with respect to amounts payable under subsections 2.14, 2.15, 2.16, 2.17, 8.7 and 9.5, such amounts shall be deemed to have been paid if no claim therefor is made within one year six months after payment in full of the Loans Loan and all other amounts payable hereunder. Notwithstanding the foregoing, no Lender Bank shall be entitled to any payments from either the Borrower under subsection 2.14, 2.162.15, 2.17 2.16 or 9.5 unless, within one year six months of such LenderBank’s obtaining actual knowledge of the occurrence of the event or events giving rise to the operation of any such subsection, it has notified the Borrowers Borrower of the occurrence of such event or events; provided, however, that the requirement for notice set forth herein shall have no effect on the nature or scope of the provisions of such subsections other than as expressly stated in this subsection 9.11.

Survival and Termination of Agreement. All covenants, agreements, representations and warranties made herein and in any certificate, document or statement delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Agreement and any Notes, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Agents or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect so long as any Loan or any amount payable to any Lender under or in connection with this Agreement or any Loan is unpaid and so long as the Commitments have not expired or terminated. It being expressly understood that the obligations of the Borrowers to the Administrative Agent and each Lender under subsections 2.14, 2.16, 2.17 and 9.5 and the obligations of the Lenders to the Administrative Agent under subsection 8.7 shall survive the payment in full of the Loans and all other amounts payable hereunder; provided, that with respect to amounts payable under subsections 2.14, 2.16, 2.17, 8.7 and 9.5, such amounts shall be deemed to have been paid if no claim therefor is made within one year after payment in full of the Loans and all other amounts payable hereunder. Notwithstanding the foregoing, no Lender shall be entitled to any payments from either Borrower under subsection 2.14, 2.16, 2.17 or 9.5 unless, within one year of such Lender’s Xxxxxx's obtaining actual knowledge of the occurrence of the event or events giving rise to the operation of any such subsection, it has notified the Borrowers of the occurrence of such event or events; provided, however, that the requirement for notice set forth herein shall have no effect on the nature or scope of the provisions of such subsections other than as expressly stated in this subsection 9.11.

Survival and Termination of Agreement. All covenants, agreements, representations and warranties made herein and in any certificate, document or statement delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Agreement and any Notes, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Agents or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect so long as any Loan or any amount payable to any Lender under or in connection with this Agreement or any Loan is unpaid and so long as the Commitments have not expired or terminated. It being expressly understood that the obligations of the Borrowers to the Administrative Agent and each Lender under subsections 2.14, 2.16, 2.17 and 9.5 and the obligations of the Lenders to the Administrative 46 51 Agent under subsection 8.7 shall survive the payment in full of the Loans and all other amounts payable hereunder; provided, that with respect to amounts payable under subsections 2.14, 2.16, 2.17, 8.7 and 9.5, such amounts shall be deemed to have been paid if no claim therefor is made within one year after payment in full of the Loans and all other amounts payable hereunder. Notwithstanding the foregoing, no Lender shall be entitled to any payments from either Borrower under subsection 2.14, 2.16, 2.17 or 9.5 unless, within one year of such Lender’s 's obtaining actual knowledge of the occurrence of the event or events giving rise to the operation of any such subsection, it has notified the Borrowers of the occurrence of such event or events; provided, however, that the requirement for notice set forth herein shall have no effect on the nature or scope of the provisions of such subsections other than as expressly stated in this subsection 9.11.

Survival and Termination of Agreement. All covenants, agreements, representations and warranties made herein and in any certificate, document or statement delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Agreement and any Notes, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Agents or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect so long as any Loan or any amount payable to any Lender under or in connection with this Agreement or any Loan is unpaid and so long as the Commitments have not expired or terminated. It being expressly understood that the obligations of the Borrowers to the Administrative Agent and each Lender under subsections 2.14, 2.16, 2.17 and 9.5 and the obligations of the Lenders to the Administrative Agent under subsection 8.7 shall survive the payment in full of the Loans and all other amounts payable hereunder; provided, that with respect to amounts payable under subsections 2.14, 2.16, 2.17, 8.7 and 9.5, such amounts shall be deemed to have been paid if no claim therefor is made within one year after payment in full of the Loans and all other amounts payable hereunder. Notwithstanding the foregoing, no Lender shall be entitled to any payments from either Borrower under subsection 2.14, 2.16, 2.17 or 9.5 unless, within one year of such Lender’s 's obtaining actual knowledge of the occurrence of the event or events giving rise to the operation of any such subsection, it has notified the Borrowers of the occurrence of such event or events; provided, however, that the requirement for notice set forth herein shall have no effect on the nature or scope of the provisions of such subsections other than as expressly stated in this subsection 9.11.