Common use of Survival of Agreement; Severability Clause in Contracts

Survival of Agreement; Severability. (a) All covenants, agreements, indemnities, representations and warranties made by the Guarantors herein and in the certificates or other instruments delivered in connection with or pursuant to this Guaranty, the Credit Agreement or any other Loan Document (i) shall be considered to have been relied upon by the Administrative Agent and the other Credit Parties, (ii) shall survive the execution and delivery of this Guaranty, the Credit Agreement and the other Loan Documents and the making of any Loans by the Lenders and the issuance of any Letters of Credit by the L/C Issuer, regardless of any investigation made by the Administrative Agent or any other Credit Party or on their behalf and notwithstanding that the Administrative Agent or other Credit Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iii) shall continue in full force and effect until such time as this Guaranty has been terminated or, with respect to any Guarantor that has been released from its obligations hereunder in accordance with the terms of this Guaranty and the Credit Agreement, such time as such Guarantor has been so released, in each case in accordance with Section 10 hereof, and (iv) shall be reinstated to the extent required by Section 10 hereof. The provisions of Section 10 hereof shall survive and remain in full force and effect regardless of the repayment of the Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments or the termination of this Guaranty or any provision hereof.

Survival of Agreement; Severability. (a) All This Guaranty and all covenants, agreements, indemnities, representations and warranties made by the Guarantors Guarantor herein and in the certificates or other instruments delivered in connection with or pursuant to this Guaranty, the Credit Agreement or any other Loan Document (i) shall be considered to have been relied upon by the Administrative Agent and the other Credit Parties, (ii) Secured Parties and shall survive the execution and delivery of this Guaranty, the Credit Agreement and the other Loan Documents and the making of any Loans by the Lenders and the issuance of any Letters of Credit by the L/C Issuer, regardless of any investigation made by the Administrative Agent or any other Credit Secured Party or on their behalf and notwithstanding that the Administrative Agent or other Credit Secured Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iii) and shall continue in full force and effect until such time terminated as this Guaranty has been terminated or, with respect to any Guarantor that has been released from its obligations hereunder in accordance with the terms of this Guaranty and the Credit Agreement, such time as such Guarantor has been so released, in each case in accordance with Section 10 hereofprovided in, and (iv) shall be reinstated to the extent required by Section 10 by, SECTION 14 hereof. The provisions of Section 10 SECTION 6 and SECTION 15 hereof shall survive and remain in full force and effect regardless of the repayment occurrence of the Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments Facility Termination Date or the termination of this Guaranty or any provision hereof.

Survival of Agreement; Severability. (a) All covenants, agreements, indemnities, representations and warranties made by the Guarantors Unsecured Guarantor herein and in the certificates or other instruments delivered in connection with or pursuant to this Unsecured Guaranty, the Credit Agreement or any other Loan Document (i) shall be considered to have been relied upon by the Administrative Agent and the other Credit Parties, (ii) Parties and shall survive the execution and delivery of this Unsecured Guaranty, the Credit Agreement and the other Loan Documents and the making of any Loans by the Lenders and the issuance of any Letters of Credit by the L/C Issuer, regardless of any investigation made by the Administrative Agent or any other Credit Party or on their behalf and notwithstanding that the Administrative Agent or other Credit Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iii) and shall continue in full force and effect until such time terminated as this Guaranty has been terminated or, with respect to any Guarantor that has been released from its obligations hereunder provided in accordance with the terms of this Guaranty and the Credit Agreement, such time as such Guarantor has been so released, in each case in accordance with Section 10 hereof, and (iv) shall be reinstated to the extent required by Section 10 SECTION 11 hereof. The provisions of Section 10 SECTION 5 and SECTION 12 hereof shall survive and remain in full force and effect regardless of the repayment of the Unsecured Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments or the termination of this Unsecured Guaranty or any provision hereof.

Survival of Agreement; Severability. (a) All covenants, agreements, indemnities, representations and warranties made by the Facility Guarantors herein and in the certificates or other instruments delivered in connection with or pursuant to this Guaranty, the Credit Agreement or any other Loan Document (i) shall be considered to have been relied upon by the Administrative Agent Agents and the other Credit Parties, (ii) Secured Parties and shall survive the execution and delivery of this Guaranty, the Credit Agreement and the other Loan Documents and the making of any Term Loans by the Lenders and the issuance of any Letters of Credit by the L/C IssuerLenders, regardless of any investigation made by the Administrative any Agent or any other Credit Secured Party or on their behalf and notwithstanding that the Administrative Agent or other Credit Secured Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iii) and shall continue in full force and effect until such time as this Guaranty has (i) the Commitments shall have expired or been terminated or, with respect to any Guarantor that has been released from its obligations hereunder in accordance with the terms of this Guaranty and the Credit Agreement, such time as such Guarantor has been so released, in each case in accordance with Section 10 hereof, and (ivii) the principal of and interest on each Term Loan and all fees and other Guaranteed Obligations (other than contingent indemnification obligations as to which no claims have been asserted) shall be reinstated have been paid in full, and, thereafter, shall continue to the extent required by this Guaranty is reinstated pursuant to Section 10 11 hereof. The provisions of Section 10 5 and Section 12 hereof shall survive and remain in full force and effect regardless of the repayment of the Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments Obligations or the termination of this Guaranty or any provision hereof.

Survival of Agreement; Severability. (a) All covenants, agreements, indemnities, representations and warranties made by the Guarantors herein and in the certificates or other instruments delivered in connection with or pursuant to this Guaranty, the Credit Agreement or any other Loan Document (i) shall be considered to have been relied upon by the Administrative Agent Agents and the other Credit Parties, (ii) Parties and shall survive the execution and delivery of this Guaranty, the Credit Agreement and the other Loan Documents and the making of any Loans by the Lenders and the issuance of any Letters of Credit by the L/C Issuer, regardless of any investigation made by the Administrative any Agent or any other Credit Party or on their behalf and notwithstanding that the Administrative any Agent or other Credit Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iii) and shall continue in full force and effect until such time as this Guaranty (i) the Aggregate Commitments have terminated, (ii) the indefeasible payment in full in cash of the Guaranteed Obligations (other than contingent indemnification obligations for which no claim has been terminated or, with respect to asserted and any Guarantor Other Liabilities which are not by their terms then due and payable provided that has been released from its obligations hereunder the Agents shall have received such indemnities and collateral security as they shall have required in accordance with the terms of this Guaranty and Section 10.11 of the Credit Agreement), such time as such Guarantor has been so released, (iii) the expiration or termination of all Letters of Credit (except to the extent fully Cash Collateralized or supported by another letter of credit in each case in accordance with Section 10 hereofa manner reasonably satisfactory to the L/C Issuer and the Administrative Agent), and (iv) shall be reinstated the Administrative Agent has no further obligation to endeavor to cause the extent required by Section 10 hereofL/C Issuer to issue Letters of Credit under the Credit Agreement. The provisions of Section 10 5 and Section 11 hereof shall survive and remain in full force and effect regardless of the repayment of the Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments or the termination of this Guaranty or any provision hereof.

Survival of Agreement; Severability. (a) All covenants, agreements, indemnities, representations and warranties made by the Guarantors herein and in the certificates or other instruments delivered in connection with or pursuant to this Guaranty, the Credit Agreement or any other Loan Document (i) shall be considered to have been relied upon by the Administrative Agent Agents and the other Credit Parties, (ii) Parties and shall survive the execution and delivery of this Guaranty, the Credit Agreement and the other Loan Documents and the making of any Loans by the Lenders and the issuance of any Letters of Credit by the L/C Issuer, regardless of any investigation made by the Administrative any Agent or any other Credit Party or on their behalf and notwithstanding that the Administrative any Agent or other Credit Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iii) and shall continue in full force and effect until such time as this Guaranty has (i) the Aggregate Commitments have terminated, (ii) all of the Guaranteed Obligations have been terminated orindefeasibly paid in full in cash, with respect (iii) all L/C Obligations have been reduced to any Guarantor that has been released from its obligations hereunder zero (except to the extent fully Cash Collateralized or supported by another letter of credit in accordance with a manner reasonably satisfactory to the terms of this Guaranty L/C Issuer and the Credit Agreement, such time as such Guarantor has been so released, in each case in accordance with Section 10 hereofAdministrative Agent), and (iv) shall be reinstated the Administrative Agent has no further obligation to endeavor to cause the extent required by Section 10 hereofL/C Issuer to issue Letters of Credit under the Credit Agreement. The provisions of Section 10 5 and Section 11 hereof shall survive and remain in full force and effect regardless of the repayment of the Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments or the termination of this Guaranty or any provision hereof.

Survival of Agreement; Severability. (a) All covenants, agreements, indemnities, representations and warranties made by the Guarantors Guarantor herein and in the certificates or other instruments instalments delivered in connection with or pursuant to this Guaranty, the Credit Agreement or any other Loan Document (i) shall be considered to have been relied upon by the Administrative Agent Agents and the other Credit Parties, (ii) Parties and shall survive the execution and delivery of this Guaranty, the Credit Agreement and the other Loan Documents and the making of any Loans by the Lenders and the issuance of any Letters of Credit by the L/C Issuer, regardless of any investigation made by the Administrative any Agent or any other Credit Party or on their behalf and notwithstanding that the Administrative any Agent or other Credit Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iii) and shall continue in full force and effect until such time as this Guaranty has (i) the Aggregate Commitments have expired or been terminated orterminated, with respect (ii) all of the Guaranteed Obligations have been paid in full in cash or otherwise satisfied, (iii) all L/C Obligations have been reduced to any Guarantor that has been released from its obligations hereunder zero (or fully Cash Collateralized in accordance with a manner reasonably satisfactory to the terms of this Guaranty L/C Issuer and the Credit Agreement, such time as such Guarantor has been so released, in each case in accordance with Section 10 hereofAdministrative Agent), and (iv) shall be reinstated the L/C Issuer has no further obligation to issue Letters of Credit under the extent required by Section 10 hereofCredit Agreement. The provisions of Section 10 SECTION 5, SECTION 11 and SECTION 12 hereof shall survive and remain in full force and effect regardless of the repayment of the Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments or the termination of this Guaranty or any provision hereof.

Survival of Agreement; Severability. (a) All This Guaranty and all covenants, agreements, indemnities, representations and warranties made by the Guarantors herein and in the certificates or other instruments delivered in connection with or pursuant to this Guaranty, the Credit Agreement or any other Loan Document (ia) shall be considered to have been relied upon by the Administrative Agent Agents and the other Credit Parties, (iib) shall survive the execution and delivery of this Guaranty, the Credit Agreement and the other Loan Documents and the making of any Loans by the Lenders and the issuance of any Letters of Credit by the L/C Issuer, regardless of any investigation made by the Administrative any Agent or any other Credit Party or on their behalf and notwithstanding that the Administrative Agent or such other Credit Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iiic) shall continue in full force and effect until such time as this Guaranty has been terminated or, with respect to any Guarantor that has been released from its obligations hereunder in accordance with the terms of this Guaranty and the Credit Agreement, such time as such Guarantor has been so released, in each case in accordance with Section SECTION 10 hereof, and (ivd) shall be reinstated to the extent required by Section SECTION 10 hereof. The provisions of Section 10 hereof shall survive and remain in full force and effect regardless of the repayment of the Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments or the termination of this Guaranty or any provision hereof.

Survival of Agreement; Severability. (a) All covenants, agreements, indemnities, representations and warranties made by the Facility Guarantors herein and in the certificates or other instruments delivered in connection with or pursuant to this Guaranty, the Credit Agreement or any other Loan Document (i) shall be considered to have been relied upon by the Administrative Agent Agents and the other Credit Parties, (ii) Secured Parties and shall survive the execution and delivery of this Guaranty, the Credit Agreement and the other Loan Documents and the making of any Revolving Credit Loans by the Lenders and the issuance of any Letters of Credit by the L/C IssuerIssuing Banks, regardless of any investigation made by the Administrative any Agent or any other Credit Secured Party or on their behalf and notwithstanding that the Administrative Agent or other Credit Secured Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iii) and shall continue in full force and effect until such time (i) the Commitments shall have expired or been terminated, (ii) the principal of and interest on each Revolving Credit Loan and all fees and other Guaranteed Obligations (other than contingent indemnification obligations as this Guaranty has to which no claims have been asserted) shall have been paid in full, (iii) all Letters of Credit shall have expired or terminated or, with respect or been cash collateralized to any Guarantor that has been released from its obligations hereunder the reasonable satisfaction of the Administrative Agent and the applicable Issuing Bank to the extent provided in accordance with the terms of this Guaranty and the Credit Agreement, such time as such Guarantor has been so released, in each case in accordance with Section 10 hereof, and (iv) all Letter of Credit Disbursements shall be reinstated have been reimbursed in accordance with the Credit Agreement and, thereafter, shall continue to the extent required by this Guaranty is reinstated pursuant to Section 10 11 hereof. The provisions of Section 10 5 and Section 12 hereof shall survive and remain in full force and effect regardless of the repayment of the Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments or the termination of this Guaranty or any provision hereof.

Survival of Agreement; Severability. (a) All covenants, agreements, indemnities, representations and warranties made by the Guarantors Guarantor herein and in the certificates or other instruments delivered in connection with or pursuant to this Guaranty, the Credit Agreement or any other Loan Document (i) shall be considered to have been relied upon by the Administrative Agent Agents and the other Credit Parties, (ii) Parties and shall survive the execution and delivery of this Guaranty, the Credit Agreement and the other Loan Documents and the making of any Loans by the Lenders and the issuance of any Letters of Credit by the L/C Issuer, regardless of any investigation made by the Administrative any Agent or any other Credit Party or on their behalf and notwithstanding that the Administrative any Agent or other Credit Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iii) and shall continue in full force and effect until such time as this Guaranty has (i) the Aggregate Commitments have terminated, (ii) all of the Guaranteed Obligations have been terminated orindefeasibly paid in full in cash, with respect (iii) all L/C Obligations have been reduced to any Guarantor that has been released from its obligations hereunder zero (except to the extent fully Cash Collateralized or supported by another letter of credit in accordance with a manner reasonably satisfactory to the terms of this Guaranty L/C Issuer and the Credit Agreement, such time as such Guarantor has been so released, in each case in accordance with Section 10 hereofAdministrative Agent), and (iv) shall be reinstated the Administrative Agent has no further obligation to endeavor to cause the extent required by Section 10 hereofL/C Issuer to issue Letters of Credit under the Credit Agreement. The provisions of Section 10 5 and Section 11(b) hereof shall survive and remain in full force and effect regardless of the repayment of the Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments or the termination of this Guaranty or any provision hereof.

Survival of Agreement; Severability. (a) All covenants, agreements, indemnities, representations and warranties made by the Guarantors herein and in the certificates or other instruments delivered in connection with or pursuant to this Guaranty, the Credit Agreement or any other Loan Document (i) shall be considered to have been relied upon by the Administrative Agent and the other Credit Parties, (ii) Parties and shall survive the execution and delivery of this Guaranty, the Credit Agreement and the other Loan Documents and the making of any Loans by the Lenders and the issuance of any Letters of Credit by the L/C Issuer, regardless of any investigation made by the Administrative Agent or any other Credit Party or on their behalf and notwithstanding that the Administrative Agent or other Credit Party may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended, (iii) and shall continue in full force and effect until such time as that this Guaranty has been terminated or, with respect to any Guarantor that has been released from its obligations hereunder in accordance with the terms of this Guaranty and the Credit Agreementhereunder, such time as such Guarantor has been so released, in each case in accordance with Section 10 9 hereof. Any provision of this Guaranty held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions hereof, and (iv) the invalidity of a particular provision in a particular jurisdiction shall be reinstated to the extent required by Section 10 hereof. The provisions of Section 10 hereof shall survive and remain not invalidate such provision in full force and effect regardless of the repayment of the Guaranteed Obligations, the expiration or termination of the Letters of Credit and the Aggregate Total Commitments or the termination of this Guaranty or any provision hereofother jurisdiction.