Common use of Survival of Agreement; Severability Clause in Contracts

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 19 contracts

Samples: Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp), Pledge Agreement (Maximus Inc)

AutoNDA by SimpleDocs

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent and Agent, the Lenders and each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfBank, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 16 contracts

Samples: Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Watsco Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank Bank, regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 12 contracts

Samples: Canadian Pledge Agreement (Pliant Corp), Domestic Pledge Agreement (Pliant Corp), Domestic Pledge Agreement (Pliant Corp)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 6 contracts

Samples: Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank Bank, regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments and the LC Commitments have not been terminated.

Appears in 6 contracts

Samples: Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 5 contracts

Samples: Guarantee Agreement (Memc Electronic Materials Inc), Guarantee Agreement (Triton PCS Holdings Inc), Pledge Agreement (Triton PCS Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfBank, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 5 contracts

Samples: Credit Agreement (Western Auto Supply Co/), Subrogation and Contribution Agreement (Laralev Inc), Subrogation and Contribution Agreement (Donjoy LLC)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 4 contracts

Samples: Guarantee Agreement (Crown Holdings Inc), Guarantee Agreement (Pliant Corp), Guarantee Agreement (Crown Holdings Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Parent Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Agent, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 3 contracts

Samples: Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfBank, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC L/C Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 3 contracts

Samples: Credit Agreement (Intersil Holding Co), Credit Agreement (Fairchild Semiconductor International Inc), Subrogation and Contribution Agreement (Interactive Media Corp)

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent and the Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Ruby Tuesday Inc), Credit and Term Loan Agreement (Ruby Tuesday Inc), Revolving Credit Agreement (Ruby Tuesday Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrowers and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfBank, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 3 contracts

Samples: Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp)

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement Agreement, any other Operative Document or the other any Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Servicer and the Lenders Participants and shall survive the making by the Lenders Participants of the Loans and the issuance of the Letters of Credit by the Issuing Bank Participants regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement Agreement, any other Operative Document or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 3 contracts

Samples: Loan Facility Agreement and Guaranty (Ruby Tuesday Inc), Loan Facility Agreement and Guaranty (Ruby Tuesday Inc), Loan Facility Agreement and Guaranty (Ruby Tuesday Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Sponsor and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Servicer, the Participants and the Lenders each Guarantor and shall survive the making by the Lenders Servicer of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfCredit, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Loan Facility Agreement or this Agreement or under any of the other Operative Documents or Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 3 contracts

Samples: Loan Facility Agreement and Guaranty (Ruby Tuesday Inc), Loan Facility Agreement and Guaranty (Ruby Tuesday Inc), Loan Facility Agreement and Guaranty (Ruby Tuesday Inc)

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders Lender and shall survive the making by the Lenders Lender of the Loans Credit Facilities and the issuance of the any Letters of Credit by the Issuing Bank Lender regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Credit Facility or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have commitment of Lender to may Advances under the Revolving Credit Facility has not been terminated.

Appears in 2 contracts

Samples: Credit Agreement (Superior Uniform Group Inc), Credit Agreement (Superior Uniform Group Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Parent Guarantee Agreement (Donjoy LLC), Parent Guarantee Agreement (Lpa Services Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfFronting Banks, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC L/C Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Credit Agreement (Shared Technologies Inc), Subrogation and Contribution Agreement (Shared Technologies Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent Agents and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Intercreditor Agreement (Hechinger Co), Security Agreement (Hechinger Co)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other Obligation or any other fee or amount payable by the Borrower under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Credit Agreement (Alamosa Holdings Inc), Credit Agreement (Alamosa Properties Lp)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the other Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Credit Agreement (Convergys Corp), Credit Agreement (Convergys Corp)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Subsidiary Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other Secured Parties and the Lenders and each Subsidiary Guarantor, shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement, this Agreement or any of the other Loan Document Documents is outstanding and unpaid or unpaid, the LC L/C Exposure does not equal zero and as long as or the Commitments have not been terminated.

Appears in 2 contracts

Samples: Contribution Agreement (Actuant Corp), Indemnity, Subrogation and Contribution Agreement (Applied Power Inc)

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Amsurg Corp), Revolving Credit Agreement (Amsurg Corp)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank Fronting Banks regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitment have not been terminated.

Appears in 2 contracts

Samples: Credit Agreement (Shared Technologies Inc), Subsidiary Guarantee Agreement (Shared Technologies Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank applicable Facing Agent regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does Obligations do not equal zero and as long as the Commitments Obligations have not been terminated.

Appears in 2 contracts

Samples: Pledge Agreement (Crown Holdings Inc), Guarantee Agreement (Crown Holdings Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the any Letters of Credit by the any Issuing Bank regardless of any investigation made by any of them or on their behalfBank, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC L/C Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Pledge Agreement (Tel Save Holdings Inc), Subrogation and Contribution Agreement (Tel Save Holdings Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the any Letters of Credit by the any Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitment have not been terminated.

Appears in 2 contracts

Samples: Pledge Agreement (Tel Save Holdings Inc), Guarantee Agreement (Tel Save Holdings Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank Loans, regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect (in the case of representations and warranties, when and as made) as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Pledge Agreement (McDermott International Inc), Pledge Agreement (McDermott International Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Agents, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfBank, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Security Agreement (Hechinger Co), Intercreditor Agreement (Hechinger Co)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Credit Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Credit Document is outstanding and unpaid or the LC L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitment have not been terminated.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (River Holding Corp), Subsidiary Guarantee Agreement (Century Maintenance Supply Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminatedterminated or the LC Exposure does not equal zero.

Appears in 2 contracts

Samples: Credit Agreement (SCG Holding Corp), Guarantee Agreement (Semiconductor Components Industries LLC)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Borrowers and the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Credit Agreement (Smith & Wesson Holding Corp), Subsidiary Guaranty (Smith & Wesson Holding Corp)

Survival of Agreement; Severability. (a) All covenants, ---------------------------------- agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document shall be considered to have been relied upon by the Administrative Agent Lender and the Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Loan Agreement (Pam Transportation Services Inc)

Survival of Agreement; Severability. (a) All covenants, agreements ------------------------------------ agreements, representations and warranties made by the Guarantors Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank Loans, regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Guarantee Life Companies Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Letter of Credit Exposure does not equal zero and as long as the Commitments and the Letter of Credit Commitment have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Northwestern Steel & Wire Co)

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent and the Lenders Lender and shall survive the making by the Lenders Lender of the Loans and the issuance of the Letters of Credit by the Issuing Bank Lender regardless of any investigation made by any of them Lender or on their its behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have Commitment has not been terminated.

Appears in 1 contract

Samples: Guarantee Agreement (Central Freight Lines Inc)

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.. 110

Appears in 1 contract

Samples: Revolving Credit Agreement (Aaron Rents Inc)

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent and the Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is are outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hughes Supply Inc)

AutoNDA by SimpleDocs

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other 5 Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfBank, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Subrogation and Contribution Agreement (Huntsman Packaging of Canada LLC)

Survival of Agreement; Severability. (a) All covenants, agreements ----------------------------------- agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Ixl Enterprises Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent Agents and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure Letter of Credit Outstandings does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Hechinger Co)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors each Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank Banks, regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Phillips Van Heusen Corp /De/)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders other Secured Creditors and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank applicable Facing Agent regardless of any investigation made by any of them the Secured Creditors or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does Obligations do not equal zero and as long as the Commitments Guaranteed Obligations have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Crown Holdings Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Parent Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Agent, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfBank, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Indemnity, Subrogation and Contribution Agreement (Pliant Corp)

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or the other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders Lender and shall survive the making by the Lenders Lender of the Revolving Loans and the issuance of the Letters of Credit by the Issuing Bank Lender regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Revolving Loan or any other fee or amount payable under this Guaranty Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have Commitment has not been terminated.

Appears in 1 contract

Samples: Revolving Credit Agreement (Outback Steakhouse Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfBanks, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Phillips Van Heusen Corp /De/)

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders Lender and shall survive the making by the Lenders Lender of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them it or on their its behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Revolving Credit Agreement (Panera Bread Co)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower, Co-Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent and Agent, the Lenders and each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfBank, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aaron Rents Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors each Parent and each Subsidiary Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other Secured Parties and the Lenders and each Subsidiary Guarantor, shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement, this Agreement or any of the other Loan Document Documents is outstanding and unpaid or unpaid, the LC L/C Exposure does not equal zero and as long as or the Commitments have not been terminated.

Appears in 1 contract

Samples: Contribution Agreement (Playboy Enterprises Inc)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Agent, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminatedterminated or the LC Exposure does not equal zero.

Appears in 1 contract

Samples: Indemnity, Subrogation and Contribution Agreement (Aerolink International Inc)

Survival of Agreement; Severability. (a) All covenants, agreements ------------------------------------ agreements, representations and warranties made by the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document shall be considered to have been relied upon by the Administrative Agent Agent, other Agents and the Lenders and shall survive the making by the Lenders of the Loans and other extensions of credit under the issuance of the Letters of Credit by the Issuing Bank Agreement regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Unisource Worldwide Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank Bank, regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments and the LC Commitment have not been terminated.

Appears in 1 contract

Samples: Pledge Agreement (Psinet Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminatedterminated or the LC Exposure does not equal zero.

Appears in 1 contract

Samples: Guarantee Agreement (Aerolink International Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable by a Borrower under this the Credit Agreement or any other Loan Document is outstanding and unpaid or the LC L/C Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (El Paso Electric Co /Tx/)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Subsidiary Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other Secured Parties and the Lenders each Subsidiary Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalfBank, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee Fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC L/C Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Subrogation and Contribution Agreement (PSF Holdings LLC)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent Collateral Agent, the other Secured Parties and the Lenders each Guarantor and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any other fee or amount payable under the Credit Agreement or this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminatedterminated or the LC Exposure does not equal zero.

Appears in 1 contract

Samples: Credit Agreement (SCG Holding Corp)

Survival of Agreement; Severability. (a) All covenants, covenants and agreements representations and warranties made by the Guarantors Borrowers and each Subsidiary Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document shall be considered to have been relied upon by the Administrative Agent and Agent, the Issuing Bank, the Lenders and each other Subsidiary Guarantor and shall survive the execution and delivery of this Agreement, the making by the Lenders of the Loans and the issuance issuances of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Loans or any fee or any other fee or amount payable under the Credit Agreement, this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not expired or been terminated.

Appears in 1 contract

Samples: Borrowing Subsidiary Agreement (Albany International Corp /De/)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Borrower and the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Second Lien Guaranty (RiskMetrics Group Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Agent and Agent, the other Lenders and each Guarantor, shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Lenders or on their behalf, behalf and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Guarantee and Contribution Agreement (Convergys Corp)

Survival of Agreement; Severability. (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit Swingline Loan by the Issuing Bank Swingline Lender regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Exactech Inc)

Survival of Agreement; Severability. (a) All covenants, agreements agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the Lenders other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments and the LC Commitment have not been terminated.

Appears in 1 contract

Samples: Guarantee Agreement (Psinet Inc)

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