Common use of Survival Clause Clause in Contracts

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the Issuers, their officers and the Underwriters set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuer, any of its officers or directors, the Underwriters or any controlling person referred to in Section 9 hereof and (ii) delivery of and payment for the Securities. The respective agreements, covenants, indemnities and other statements set forth in Sections 7, 9, 10, 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 6 contracts

Samples: Underwriting Agreement (Directv), Underwriting Agreement (Directv), Underwriting Agreement (Directv)

AutoNDA by SimpleDocs

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchaser set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchaser or any controlling person referred to in Section 9 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 9 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 5 contracts

Samples: Purchase Agreement (Town Sports International Inc), Purchase Agreement (Universal Compression Holdings Inc), Purchase Agreement (Town Sports International Holdings Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchasers or any controlling person referred to in Section 9 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 10 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 5 contracts

Samples: Purchase Agreement (Iridium Communications Inc.), Purchase Agreement (LGI Homes, Inc.), Purchase Agreement (Sunedison, Inc.)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchasers or any controlling person referred to in Section 9 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 15 10 and 16 13 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 4 contracts

Samples: Purchase Agreement (Istar Financial Inc), Purchase Agreement (Istar Financial Inc), Purchase Agreement (Istar Financial Inc)

Survival Clause. The respective representations, warranties, --------------- agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchaser set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchaser or any controlling other person referred to in Section 9 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 9 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Purchase Agreement (Therma Wave Inc), Purchase Agreement (Mediaamerica Inc), Purchase Agreement (Therma Wave Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchasers or any controlling person referred to in Section 9 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 9 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Purchase Agreement (Carter William Co /Ga/), Purchase Agreement (FWT Inc), Purchase Agreement (Universal Compression Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their respective officers and the Underwriters Initial Purchaser set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its their respective officers or directors, the Underwriters Initial Purchaser or any controlling other person referred to in Section 9 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 9 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Purchase Agreement (Comforce Corp), Purchase Agreement (Comforce Corp), Purchase Agreement (Anacomp Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their officers the Company's officers, and the Underwriters set forth in this Agreement or made by or on behalf of them them, respectively, pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuer, the Company or any of its officers or directors, the Underwriters or any controlling person referred to in Section 9 8 hereof and (ii) delivery of and payment for the Securities. The respective agreements, covenants, indemnities and other statements set forth in Sections 7, 9, 10, 15 6 and 16 8 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Atlas Air Inc), Underwriting Agreement (Atlas Air Inc), Underwriting Agreement (Fibermark Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the Issuers, their Company and its officers and the Underwriters Initial Purchaser set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company and its Subsidiaries, any of its their respective officers or directors, the Underwriters Initial Purchaser or any controlling person referred to in Section 9 hereof and (ii) shall survive delivery of and payment for the SecuritiesUnits. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 15 9 and 16 14 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Senior Secured Increasing Rate Notes Agreement (New World Coffee Manhattan Bagel Inc), Securities Purchase Agreement (Discovery Zone Inc), Purchase Agreement (Discovery Zone Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the Issuers, their Company or its officers and of the Underwriters Purchaser set forth in this Agreement or made by or on behalf of them them, respectively, pursuant to this Agreement shall remain in full force and effect, regardless of (i) (other than with respect to any facts or circumstances known to the Purchaser on the date of this Agreement) any investigation made by or on behalf of any Issuer, any of its officers the Company or directors, the Underwriters or any controlling person referred to in Section 9 hereof Purchaser and (ii) delivery of and payment for the Securities. The respective agreements, covenants, indemnities and other statements set forth in Sections 7, 9, 10, 15 6 and 16 10 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Purchase Agreement (E Spire Communications Inc), Purchase Agreement (Huff William R), Purchase Agreement (E Spire Communications Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Underwriter set forth in this Agreement or made by or on behalf of them them, respectively, pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Underwriter or any controlling person referred to in Section 9 8 hereof and (ii) delivery of and payment for the Securities. The respective agreements, covenants, indemnities and other statements set forth in Sections 7, 9, 10, 15 6 and 16 8 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Color Spot Nurseries Inc), Underwriting Agreement (Color Spot Nurseries Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters or any controlling person referred to in Section 9 7 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 5, 7, 9, 10, 15 9 and 16 18 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Timken Co), Underwriting Agreement (Timken Co)

Survival Clause. The respective representations, --------------- warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchasers or any controlling person referred to in Section 9 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 10 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 2 contracts

Samples: Purchase Agreement (Allbritton Communications Co), Purchase Agreement (Allbritton Communications Co)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters set forth in this Agreement or made by or on behalf of them them, respectively, pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters or any controlling person referred to in Section 9 8 hereof and (ii) delivery of and payment for the Securities. The respective agreements, covenants, indemnities and other statements set forth in Sections 7, 9, 10, 15 6 and 16 8 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Color Spot Nurseries Inc), Underwriting Agreement (Color Spot Nurseries Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchasers or any controlling person referred to in Section 9 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 15 10 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 2 contracts

Samples: Purchase Agreement (Anchor Glass Container Corp /New), Purchase Agreement (Anchor Glass Container Corp /New)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, the Guarantors, their respective officers and the Underwriters Lenders set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, the Guarantors, any of its their respective officers or directors, the Underwriters Lenders or any controlling person referred to in Section 9 11 hereof and (ii) delivery the making of and payment for the SecuritiesLoans. The respective agreements, covenants, indemnities and other statements set forth in Sections 7, 911, 1018, 15 23, 24 and 16 25 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Radnor Holdings Corp)

AutoNDA by SimpleDocs

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the Issuers, their officers and the Underwriters set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Issuers, any of its officers or directors, the Underwriters or any controlling person referred to in Section 9 8 hereof and (ii) delivery of and payment for the Securities. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 98, 10, 15 9 and 16 14 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Fleming Companies Inc /Ok/)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (ia) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchasers or any controlling person referred to in Section 9 hereof and (iib) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 9 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Gaylord Container Corp /De/)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters set forth in this Agreement or made by or on behalf of them them, respectively, pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuer, the Company any of its officers or directors, the Underwriters or any controlling person referred to in Section 9 hereof and (ii) delivery of and payment for the Securities. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 15 9 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Magnum Hunter Resources Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchasers or any controlling person referred to in Section 9 8 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 75, 98, 10, 15 9 and 16 14 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Igi Laboratories, Inc)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the Issuers, their Company its respective officers and the Underwriters Initial Purchaser set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchaser or any controlling other person referred to in Section 9 hereof and (ii) delivery of and payment for the Securities. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 15 9 and 16 17 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Mentus Media Corp)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchasers or any controlling person referred to in Section 9 10 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 7, 96, 10, 15 11 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Exide Technologies)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchasers or any controlling other person referred to in Section 9 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 9 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation cancelation of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (First Brands Corp)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Initial Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Initial Purchasers or any controlling other person referred to in Section 9 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 9, 10, 9 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Glatfelter P H Co)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters Purchasers set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters Purchasers or any controlling person referred to in Section 9 8 hereof and (ii) delivery of and payment for the Securities. The respective agreements, covenants, indemnities and other statements set forth in Sections 76, 98, 10, 10 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Radnor Holdings Corp)

Survival Clause. The respective representations, warranties, agreements, covenants, indemnities and other statements of the IssuersCompany, their its officers and the Underwriters set forth in this Agreement or made by or on behalf of them pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of any Issuerthe Company, any of its officers or directors, the Underwriters or any controlling person referred to in Section 9 7 hereof and (ii) delivery of and payment for the SecuritiesNotes. The respective agreements, covenants, indemnities and other statements set forth in Sections 5, 7, 9, 10, 15 9 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Timken Co)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!