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 Lenders, the Issuing Bank, the Agent, the Co-Agents and the Administrative Agent and shall survive the making of the Loans and the issuance of Letters of Credit herein contemplated and the issuance and delivery of the Notes and the Letters of Credit, regardless of any investigation made by any Lender, the Issuing Bank, the Agent, either Co-Agent and the Administrative Agent 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.

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by any of the Borrower or any Guarantor Credit Parties herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement shall be considered to have been relied upon by the Lenders, the Issuing Bank, the Agent, the Co-Agents and the Administrative Agent and the Lenders and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the making of the Loans and the issuance of the Letters of Credit herein contemplated and the issuance execution and delivery to the Administrative Agent of the Notes and the Letters of Credit, regardless of any investigation made by any Lender, the Issuing Bank, the Agent, either Co-Agent and 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 any Letter of Credit remains outstanding 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 BorrowerCredit Parties hereunder.

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor herein of the Transaction Parties herein, in any Fundamental Document or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the Lenders, the Issuing Bank, the Agent, the Co-Agents and the Administrative Agent and the Lenders and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the making of the Loans and the issuance of Letters of Credit herein contemplated and the issuance execution and delivery to the Administrative Agent of the Notes and the Letters of Credit, regardless of any investigation made by any Lender, the Issuing Bank, the Agent, either Co-Agent and 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 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 Borroweror by a Transaction Party under a Fundamental Document (as applicable).

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower Parent or any Guarantor herein of the Credit Parties herein, in any other Fundamental Document or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the LendersAdministrative Agent, the Issuing Bank, the Agent, the Co-Agents Bank and the Administrative Agent and Lenders and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the making of the Loans and the issuance of Letters of Credit herein contemplated and the issuance execution and delivery to the Administrative Agent of the Notes and the Letters of Credit, regardless of any investigation made by any Lenderthe Administrative Agent, the Issuing Bank, Bank or the Agent, either Co-Agent and the Administrative Agent 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 Obligation 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 BorrowerCredit Parties hereunder.

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by any of the Borrower Credit Parties herein or in any Guarantor herein other Fundamental Document or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the LendersAgent, the Issuing Bank, the Agent, the Co-Agents Bank and the Administrative Agent Lenders except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, and shall survive the making of the Loans and the issuance of the Letters of Credit herein contemplated and the issuance and delivery to the Agent of the Notes and the Letters of Credit, regardless of any investigation made by any Lenderthe Agent, the Issuing Bank, Bank or the Agent, either Co-Agent and the Administrative Agent 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 Obligation is outstanding and unpaid and so long as any Letter of Credit remains outstanding and 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 BorrowerCredit Party hereunder.

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 Lenders, the Issuing Bank, the Collateral Agent, the Co-Agents Managing Agent, and the Administrative Agent and shall survive the making of the Loans and the issuance of Letters of Credit herein contemplated and the issuance and delivery of the Notes and the Letters of Credit, regardless of any investigation made by any Lender, the Issuing Bank, the Collateral Agent, either Co-Agent the Managing Agent, and the Administrative Agent 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.

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any Guarantor herein Credit Party, in any other Fundamental Document or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the LendersAdministrative Agent, the Issuing Bank, the Agent, the Co-Agents Bank and the Administrative Agent and Lenders and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the making of the Loans and the issuance of the Letters of Credit herein contemplated and the issuance execution and delivery to the Administrative Agent of the Notes and the Letters of Credit, (if any) regardless of any investigation made by any Lenderthe Administrative Agent, the Issuing Bank, Bank or the Agent, either Co-Agent and the Administrative Agent 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 Obligation 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 Borrowerapplicable Credit Party hereunder.

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by any of the Borrower or Credit Parties herein, in any Guarantor herein other Fundamental Document or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the LendersAdministrative Agent, the Issuing Bank, the Agent, the Co-Agents Bank and the Administrative Agent and Lenders and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the making of the Loans and the issuance of Letters of Credit herein contemplated and the issuance execution and delivery to the Administrative Agent of the Notes and the Letters of Credit, regardless of any investigation made by any Lenderthe Administrative Agent, the Issuing Bank, Bank or the Agent, either Co-Agent and the Administrative Agent 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 Obligation 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 BorrowerCredit Parties hereunder.

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower Parent, TLL or any Guarantor herein of the Credit Parties herein, in any other Fundamental Document or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the LendersAdministrative Agent, the Issuing Bank, the Agent, the Co-Agents Bank and the Administrative Agent and Lenders and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the making of the Loans and the issuance of Letters of Credit herein contemplated and the issuance execution and delivery to the Administrative Agent of the Notes and the Letters of Credit, regardless of any investigation made by any Lenderthe Administrative Agent, the Issuing Bank, Bank or the Agent, either Co-Agent and the Administrative Agent 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 Obligation 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 BorrowerCredit Parties hereunder.

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by any of the Borrower Credit Parties herein or in any Guarantor herein other Fundamental Document or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the LendersAgent, the Issuing Bank, the Agent, the Co-Agents Bank and the Administrative Agent Lenders except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, and shall survive the making of the Loans and the issuance of the Letters of Credit herein contemplated and the issuance and delivery to the Agent of the Notes and the Letters of Credit, regardless of any investigation made by any Lenderthe Agent, the Issuing Bank, Bank or the Agent, either Co-Agent and the Administrative Agent 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 Obligation is outstanding and unpaid and so long as any Letter of Credit remains outstanding and 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.Credit Party hereunder. -89- 98