Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate. (b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 5 contracts
Sources: Credit Agreement (Solutia Inc), Guarantee Agreement (Solutia Inc), Guarantee Agreement (Solutia Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Security Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, execution and delivery hereof regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Security Agreement shall terminate.
(b) . In the event any one or more of the provisions contained in this Security Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 4 contracts
Sources: Indenture (Arch Wireless Inc), Indenture (Arch Wireless Inc), Indenture (Arch Wireless Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Pledgor and the Borrowers herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties Bank and shall survive the execution and delivery of any Loan Document and the making by the Lenders of the Loansany Loan, regardless of any investigation made by the Secured Credit Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.
(b) In the event any one or more of the provisions contained in this Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 4 contracts
Sources: Pledge Agreement (COMMITTED CAPITAL ACQUISITION Corp), Credit Agreement (COMMITTED CAPITAL ACQUISITION Corp), Pledge Agreement (COMMITTED CAPITAL ACQUISITION Corp)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Pledgor and the Borrowers herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Pledge Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties Bank and shall survive the execution and delivery of any Loan Document and the making by the Lenders of the LoansLoan, regardless of any investigation made by the Secured Credit Parties or on their behalf, and shall continue in full force and effect until this Pledge Agreement shall terminate.
(b) In the event any one or more of the provisions contained in this Pledge Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 4 contracts
Sources: Term Loan Agreement (ONE Group Hospitality, Inc.), Term Loan Agreement (ONE Group Hospitality, Inc.), Pledge Agreement (ONE Group Hospitality, Inc.)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and Parties, shall survive the making by the Lenders of the LoansLoans and the issuance of the Letters of Credit by the Issuing Bank, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminateterminated in accordance with Section 14.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 3 contracts
Sources: Pledge Agreement (Playboy Enterprises Inc), Pledge Agreement (Telemundo Holding Inc), Pledge Agreement (Telemundo Holding Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Administrative Agent and the other Secured Parties and shall survive the execution and delivery of any Loan Document and the making by the Lenders of the Loansany Credit Extension, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.
(b) . In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 3 contracts
Sources: Pledge and Security Agreement, Pledge and Security Agreement (Harvard Bioscience Inc), Pledge and Security Agreement (Liberty Tax, Inc.)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Support Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making extension of credit by the Lenders of the Loansany Secured Party pursuant to a Secured Instrument, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 2 contracts
Sources: Credit Agreement (Leap Wireless International Inc), Borrower Pledge Agreement (Leap Wireless International Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Security Agreement or any other Loan Document Documents shall be considered to have been relied upon by the Collateral Administrative Agent and the other Secured Parties and shall survive the execution and delivery of any Loan Document and the making by the Lenders of the Loansany Loan, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Security Agreement shall terminate.
(b) . In the event any one or more of the provisions contained in this Security Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the such invalid, illegal or unenforceable provisions.
Appears in 2 contracts
Sources: Credit Agreement (Titan Machinery Inc.), Security Agreement (Titan Machinery Inc.)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Facility Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement Guarantee or any other Loan Document shall be considered to have been relied upon by the Collateral Agent Agents and the other Secured Parties and shall survive the execution and delivery of this Guarantee and the other Loan Documents and the making by the Lenders of the Loans, regardless of any investigation made by Loans and the Secured Parties or on their behalfissuance of any Letters of Credit, and shall continue in full force and effect until this Agreement shall terminateas long as the Obligations are outstanding and unpaid or the Letter of Credit Outstandings do not equal zero, or are not fully cash collateralized in a manner satisfactory to the Issuing Bank and the Administrative Agent, and as long as the Commitments have not expired or terminated.
(b) In the event any one or more of the provisions contained in this Agreement Guarantee should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 2 contracts
Sources: Guarantee (Dri I Inc), Guarantee (Tweeter Home Entertainment Group Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document the IRU Agreement shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans▇▇▇▇▇▇▇▇, regardless of any investigation made by the Secured Parties or on their behalf▇▇▇▇▇▇▇▇, and shall continue in full force and effect until this as long as any of the Obligations is outstanding and unpaid and as long as the IRU Agreement shall terminatehas not been terminated.
(b) In the event any one or more of the provisions contained in this Agreement or in the IRU Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 2 contracts
Sources: Iru Agreement (Winstar Communications Inc), Iru Agreement (Winstar Communications Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations covenants and warranties agreements made by any the Company and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent Purchasers and the each other Secured Parties Guarantor and shall survive the making by execution and delivery of this Agreement, and the Lenders purchase and sale of the Loans, regardless of any investigation made by the Secured Parties or on their behalfNotes, and shall continue in full force and effect until as long as the principal of or any accrued interest on any Notes or any fee or any other amount payable under the Note Agreement, this Agreement shall terminateor any other Transaction Document is outstanding and unpaid.
(b) In the event that any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 2 contracts
Sources: Note Agreement (Albany International Corp /De/), Note Agreement and Guaranty (Albany International Corp /De/)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Administrative Agent and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, Loans regardless of any investigation made by the Secured Parties Administrative Agent or the Lenders or on their behalf, and shall continue in full force and effect until as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement shall terminateor any other Loan Document is outstanding and unpaid and as long as the Commitments have not been terminated.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 2 contracts
Sources: Credit Agreement (Gartner Group Inc), Credit Agreement (Gartner Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminateterminated in accordance with Section 10.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 2 contracts
Sources: Subsidiary Guarantee Agreement (Telemundo Holding Inc), Subsidiary Guarantee Agreement (Telemundo Holding Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until as long as any amount of the Rayonier Obligations or any other fee or amount payable under this Agreement shall terminateGuarantee is outstanding and unpaid.
(b) In the event any one or more of the provisions contained in this Guarantee, the Contribution Agreement the Bond Documents or any related documents should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions provisions, the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 2 contracts
Survival of Agreement; Severability. (a) All covenants, agreements, representations covenants and warranties agreements made by any the Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any the other Loan Document Documents shall be considered to have been relied upon by the Collateral Agent and Administrative Agent, the other Secured Parties and each Guarantor and shall survive the making by the Lenders of the Loans, regardless Loans and the issuance of any investigation made the Letters of Credit by the Secured Parties or on their behalfIssuing Bank, and shall continue in full force and effect until this Agreement shall terminate.
(b) In the event any one or more Any provision of the provisions contained in this Agreement should held to be held invalid, illegal or unenforceable in any respectjurisdiction 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 contained herein shall not in any way be affected or impaired thereby (it being understood that hereof; and the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of invalidate such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 2 contracts
Sources: Indemnification & Liability (Constar International Inc), Indemnification & Liability (Constar Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Support Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making extension of credit by the Lenders of the Loans, any Secured Party pursuant to a Secured Instrument regardless of any investigation made by the any Secured Parties Party or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.
(b) In the event any one or more of the provisions contained in this Agreement or in any other Support Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 2 contracts
Sources: Credit Agreement (Leap Wireless International Inc), Guarantee Agreement (Leap Wireless International Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminateterminated under Section 14.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Survival of Agreement; Severability. (a) All covenants, agreements, representations covenants and warranties agreements made by any the Borrower and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any the other Loan Document Support Documents shall be considered to have been relied upon by the Collateral Agent and Agent, the other Secured Parties and each Guarantor and shall survive the making extension of credit by the Lenders of the Loansany Secured Party pursuant to any Loan Document, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.
(b) In the event any one or more Any provision of the provisions contained in this Agreement should held to be held invalid, illegal or unenforceable in any respectjurisdiction 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 contained herein shall not in any way be affected or impaired thereby (it being understood that hereof; and the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of invalidate such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Sources: Common Agreement (Velocom Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Purchaser herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminateterminates as provided in Section 5.
(b) In the event any one or more of the provisions contained in this Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Sources: Credit Agreement (Hechinger Co)
Survival of Agreement; Severability. (a) All covenants, agreements, representations covenants and warranties agreements made by any the Borrowers and each Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any the other Loan Document Documents shall be considered to have been relied upon by the Collateral Agent and Administrative Agent, the other Secured Parties and each Guarantor and shall survive the making by the Lenders of the Loans, regardless Loans and the issuance of any investigation made the Letters of Credit by the Secured Parties or on their behalfIssuing Bank, and shall continue in full force and effect until this Agreement shall terminate.
(b) In the event any one or more Any provision of the provisions contained in this Agreement should held to be held invalid, illegal or unenforceable in any respectjurisdiction 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 contained herein shall not in any way be affected or impaired thereby (it being understood that hereof; and the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of invalidate such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Sources: Indemnification & Liability (Crown Cork & Seal Co Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Parent herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Support Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making extension of credit by the Lenders of the Loansany Secured Party pursuant to a Secured Instrument, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent Agents and the other Secured Parties and shall survive the making by the Lenders of the LoansLoans and the Lenders’ issuance of and participations in Letters of Credit, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Indenture Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making purchase of the Notes by the Lenders of the LoansInitial Purchasers, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminateas long as any Obligation remains unpaid.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Security Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent Lender and the other Secured Parties and shall survive the execution and delivery of any Loan Document and the making by the Lenders of the Loansany Funding Loan, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Security Agreement shall terminate.
(b) . In the event any one or more of the provisions contained in this Security Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the such invalid, illegal or unenforceable provisions.
Appears in 1 contract
Sources: Pledge and Security Agreement (Uranium Resources Inc /De/)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Administrative Agent and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, regardless of any investigation made by the Secured Parties Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Sources: Guarantee Agreement (Solutia Inc)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, regardless of any investigation made by the Secured Parties or on their behalf, execution and shall continue in full force and effect until this Agreement shall terminate.
(b) delivery hereof. In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Sources: Security Agreement (Building Materials Investment Corp)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Purchaser herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminateterminates as provided in Section 6.
(b) In the event any one or more of the provisions contained in this Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Sources: Credit Agreement (Hechinger Co)
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Security Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Administrative Agent and the other Secured Parties and shall survive the execution and delivery of any Loan Document and the making by the Lenders of the Loansany Loan, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Security Agreement shall terminate.
(b) . In the event any one or more of the provisions contained in this Security Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the LoansAdvances, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminateterminated under Section 14.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by any Guarantor each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the LoansLoans and the issuance of the Letters of Credit by the Issuing Bank, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.
(b) In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Sources: Superpriority Debtor in Possession Credit Agreement (Great Atlantic & Pacific Tea Co Inc)