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 as of the date hereof, 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 Administrative Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the L/C Issuers regardless of any investigation made by 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 Commitments have not been terminated.

Appears in 3 contracts

Samples: Credit Agreement (Ashland Global Holdings Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.)

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Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors herein, and as each of the date hereofParent, the Borrower and each Subsidiary Guarantor herein and in the any 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 Administrative Agent and the other Secured Parties and each Subsidiary Guarantor and shall survive the making by the Lenders of the Loans and the issuance execution and delivery to the Lenders of the Letters of Credit by the L/C Issuers Loan Documents, regardless of any investigation made by the Secured Parties 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 any other amount payable under under, or in respect of, this Agreement or under any of the other Loan Document Documents is outstanding and unpaid or and so long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Security Agreement (Jato Communications Corp), Security Agreement (Jato Communications Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein, and as of the date hereof, herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Senior Loan Document shall be considered to have been relied upon by the Administrative Agent Senior Collateral Agents and the other Senior Secured Parties and shall survive the making by the Senior Lenders of the Loans and the issuance of the Letters of Credit by the L/C Issuers Issuing Banks regardless of any investigation made by the any Senior Secured Parties Party 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 Senior 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: Senior Subsidiary Guarantee Agreement (Rite Aid Corp), Senior Subsidiary Guarantee Agreement (Rite Aid Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Borrowers and the Foreign Subsidiary Guarantors herein, and as of the date hereof, herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement Guaranty or any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the L/C Issuers Issuer regardless of any investigation made by the Secured Guaranteed 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 Guaranty or any other Loan Document is outstanding and unpaid or the Commitments have not been terminatedterminated or any L/C Obligations have not been Cash Collateralized in accordance with the provisions of the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (WEX Inc.)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein, and as of the date hereof, 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 Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans Revolving Credit Advances and the issuance of the Letters of Credit by the L/C Issuers Issuing Banks regardless of any investigation made by the Secured Guaranteed 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 Obligation is outstanding and unpaid unpaid, the LC Exposure with respect to Letters of Credit issued at the request of or for the account of RFR does not equal zero or the Commitments and the LC Commitment with respect to RFR have not been terminated.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Rayonier Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein, and as of the date hereof, 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 Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans Revolving Credit Advances and the issuance of the Letters of Credit by the L/C Issuers Issuing Banks regardless of any investigation made by the Secured Guaranteed 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 Obligation is outstanding and unpaid unpaid, the LC Exposure with respect to Letters of Credit does not equal zero or the Commitments and the LC Commitment have not been terminated.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Rayonier Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein, and as of the date hereof, 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 Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans Revolving Credit Advances and the issuance of the Letters of Credit by the L/C Issuers Issuing Banks regardless of any investigation made by the Secured Guaranteed 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 Obligation is outstanding and unpaid unpaid, the LC Exposure does not equal zero or has not been Cash Collateralized or the Commitments and the LC Commitment have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Rayonier Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein, and as of the date hereof, 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 Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans Revolving Credit Advances and the issuance of the Letters of Credit by the L/C Issuers Issuing Banks regardless of any investigation made by the Secured Guaranteed 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 Obligation is outstanding and unpaid unpaid, the LC Exposure with respect to Letters of Credit does not equal zero or has not been Cash Collateralized or the Commitments and the LC Commitment have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Rayonier Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors herein, and as of the date hereof, 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 Administrative Agent Agents, the Issuing Bank and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans and the issuance by the Issuing Bank of the Letters of Credit by the L/C Issuers regardless of any investigation made by the Secured Parties Administrative Agent, the Issuing Bank or any Lender 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 or in respect of any Letter of Credit is outstanding and unpaid or unpaid, the Commitments have not been terminatedterminated or any Letter of Credit is outstanding.

Appears in 1 contract

Samples: Credit Agreement (Valspar Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein, and as of the date hereof, 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 Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans Revolving Credit Advances and the issuance of the Letters of Credit by the L/C Issuers Issuing Banks regardless of any investigation made by the Secured Guaranteed 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 Obligation is outstanding and unpaid unpaid, the LC Exposure does not equal zero or the Commitments and the LC Commitment have not been terminated.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Rayonier Inc)

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Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Borrowers and the Subsidiary Guarantors herein, and as of the date hereof, herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement Guaranty or any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the L/C Issuers Issuer regardless of any investigation made by the Secured Guaranteed 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 Guaranty or any other Loan Document is outstanding and unpaid or the Commitments have not been terminatedterminated or any L/C Obligations have not been Cash Collateralized in accordance with the provisions of the Credit Agreement.

Appears in 1 contract

Samples: Domestic Subsidiary Guaranty (Wright Express CORP)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Borrower and the Subsidiary Guarantors herein, and as of the date hereof, hereunder 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 Administrative Agent and the or other Secured Parties and certified or signed document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the making by the Lenders of the Loans Loans. Such covenants, agreements, representations and the issuance of the Letters of Credit warranties have been or will be relied upon by the L/C Issuers regardless of Administrative Agent or any Lender or on their behalf and notwithstanding any investigation made by the Secured Indemnified 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 Obligation hereunder or amount payable under this the Credit Agreement or any other Loan Document is outstanding and shall remain unpaid or the Commitments have not been terminatedunsatisfied.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Ansys Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors herein, and as of the date hereof, 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 Administrative Agent Agent, the Issuing Bank and the other Secured Parties Lenders and shall survive the making by the Lenders of the Revolving Loans and the issuance by the Issuing Bank of the Letters of Credit by the L/C Issuers regardless of any investigation made by the Secured Parties Administrative Agent, the Issuing Bank or any Lender 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 Agreement or any other Loan Document or in respect of any Letter of Credit is outstanding and unpaid or unpaid, the Revolving Commitments have not been terminatedterminated or any Letter of Credit is outstanding.

Appears in 1 contract

Samples: Credit Agreement (Valspar Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Borrower and the Subsidiary Guarantors herein, and as of the date hereof, herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement Guaranty or any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the L/C Issuers Issuer regardless of any investigation made by the Secured Guaranteed 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 Guaranty or any other Loan Document is outstanding and unpaid or the Commitments have not been terminatedterminated or any L/C Obligations have not been Cash Collateralized in accordance with the provisions of the Credit Agreement.

Appears in 1 contract

Samples: Guaranty (Wright Express CORP)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors herein, Borrower and as of the date hereof, 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 Administrative Agent and Agent, the other Secured Parties Lenders, the Issuing Banks and each Guarantor, shall survive the making by the Lenders of the Loans and or the issuance by an Issuing Bank of the Letters any Letter of Credit by the L/C Issuers regardless of any investigation made by the Secured Parties such Lenders or Issuing Banks or on their behalf, behalf and shall continue in full force and effect as long as any Letter of Credit or 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 and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Guarantee and Contribution Agreement (Convergys Corp)

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