Common use of Survival of Agreement, Representations and Warranties, etc Clause in Contracts

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors hereunder with respect to the Borrower.

Appears in 11 contracts

Samples: Revolving Credit and Guaranty Agreement (LTV Corp), Revolving Credit and Guaranty Agreement (Genesis Health Ventures Inc /Pa), Revolving Credit and Guaranty Agreement (Burlington Industries Inc /De/)

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Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the any Borrower or any Guarantor herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors Borrowers hereunder with respect to the BorrowerBorrowers.

Appears in 9 contracts

Samples: Revolving Credit Agreement (Interstate Bakeries Corp/De/), Credit and Guaranty Agreement (Federal Mogul Corp), Revolving Credit, Term Loan and Guaranty Agreement (Federal Mogul Corp)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors hereunder with respect to the Borrower.

Appears in 9 contracts

Samples: Revolving Credit, Term Loan and Guaranty Agreement, Revolving Credit and Guaranty Agreement, Revolving Credit and Guaranty Agreement (Guilford Mills Inc)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor Loan Party herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have Total Revolving Credit Commitment has not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors Loan Party hereunder with respect to the Borrower.

Appears in 5 contracts

Samples: Revolving Credit and Guaranty Agreement (Tower International, Inc.), Revolving Credit and Guaranty Agreement (Tower International, Inc.), Revolving Credit and Guaranty Agreement (Tower International, Inc.)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor Loan Party herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors Loan Party hereunder with respect to the Borrower.

Appears in 4 contracts

Samples: Term Loan and Guaranty Agreement (Tower International, Inc.), Term Loan and Guaranty Agreement (Tower International, Inc.), Term Loan and Guaranty Agreement (Tower International, Inc.)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor Loan Party herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors Loan Parties hereunder with respect to the BorrowerLoan Parties.

Appears in 4 contracts

Samples: Credit Agreement (Smurfit Stone Container Corp), Credit Agreement (Smurfit Stone Container Corp), Credit Agreement (Smurfit Stone Container Corp)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors hereunder with respect to the Borrower.

Appears in 3 contracts

Samples: Term Loan and Revolving Credit Agreement (Federal-Mogul Holdings Corp), Term Loan and Revolving Credit Agreement (Federal Mogul Corp), Term Loan and Revolving Credit Agreement (Federal-Mogul Corp)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor Loan Party herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks DIP Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank DIP Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors Loan Parties hereunder with respect to the BorrowerLoan Parties.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Olympus Communications Lp), Credit and Guaranty Agreement (Frontiervision Holdings Capital Corp)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks Administrative Agent and the Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank the Administrative Agent or the Lenders or on its their behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminatedunpaid. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors hereunder with respect to the Borrowerhereunder.

Appears in 1 contract

Samples: Credit Agreement (Wyndham Worldwide Corp)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor and the Guarantors herein or in any certificate or other instrument delivered by it any of them or on its their behalf in connection with this Agreement shall be considered to have been relied upon by the Banks Lenders and shall survive the making of the Loans and the issuance of Letters of Credit herein contemplated regardless of any investigation made by any Bank Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors hereunder with respect to the Borrower.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Hayes Lemmerz International Inc)

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Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the any Borrower or any the Guarantor herein or in any certificate or other instrument delivered by it or on its behalf in connection with this 159 Agreement shall be considered to have been relied upon by the Banks Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower Borrowers and the Guarantors Guarantor hereunder with respect to the BorrowerBorrowers.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Usg Corp)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the any Borrower or any Guarantor herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the such Borrower and the Guarantors hereunder with respect to the such Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sun Healthcare Group Inc)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the any Borrower or any Guarantor herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminatedunpaid. All statements in any such certificate or other instrument shall constitute representations and warranties by the each Borrower and the Guarantors hereunder with respect to the BorrowerBorrowers.

Appears in 1 contract

Samples: Revolving Credit Agreement (Systemax Inc)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the any Borrower or any Guarantor herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks Lenders and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank Lender or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower Borrowers and the Guarantors hereunder with respect to the BorrowerBorrowers.

Appears in 1 contract

Samples: Secured Super Priority Debtor in Possession Revolving Credit and Guaranty Agreement (Kaiser Aluminum & Chemical Corp)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Agreement shall be considered to have been relied upon by the Banks and shall survive the making of the Loans herein contemplated regardless of any investigation made by any Bank or on its behalf and shall continue in full force and effect so long as any amount due or to become due hereunder is outstanding and unpaid and so long as the Tranche A Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the Guarantors hereunder with respect to the Borrower.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Kmart Corp)

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