Common use of Survival of Agreement Clause in Contracts

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 53 contracts

Samples: Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp), Credit Agreement (Oil States International, Inc)

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Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, loan and the execution and delivery to the Lenders Secured Parties of any notes evidencing such Loansthe Notes, regardless of any investigation made by the Lenders Secured Parties or on their behalf, ; and shall continue in full force and effect until this Agreement shall terminate.

Appears in 29 contracts

Samples: Security Agreement (World Racing Group, Inc.), Security Agreement (Verticalnet Inc), Security Agreement (Datalogic International Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Company herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, Loans regardless of any investigation made by 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 fee or any other amount payable under this Agreement shall terminateis outstanding and unpaid or the Commitments have not been terminated.

Appears in 15 contracts

Samples: Five Year Competitive Advance and Revolving Credit Facility Agreement (Bristol Myers Squibb Co), Five Year Competitive Advance and Revolving Credit Facility Agreement (Bristol Myers Squibb Co), Term Loan Credit Agreement (Bristol Myers Squibb Co)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Credit Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders Extensions of any notes evidencing such Loans, Credit regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until as long as there are any Loans or any other amount payable under this Agreement shall terminateis outstanding and unpaid.

Appears in 10 contracts

Samples: Term Loan Credit Agreement (Oncor Electric Delivery Co LLC), Term Loan Credit Agreement (Oncor Electric Delivery Co LLC), Term Loan Credit Agreement (Oncor Electric Delivery Co LLC)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein the Grantors in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to of the Lenders Loan Documents and the making of any notes evidencing such LoansLoans and issuance of any Letters of Credit, regardless of any investigation made by the Lenders any Lender or on their its behalf, and shall continue in full force and effect until the termination of this Agreement shall terminatein accordance with Section 5.12(a).

Appears in 9 contracts

Samples: Credit Agreement (Ugi Corp /Pa/), Pledge and Security Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall survive the execution and delivery hereof and be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders Secured Parties of any notes evidencing such LoansCredit Extension, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 6 contracts

Samples: Revolving Credit and Guaranty Agreement (Blue Apron Holdings, Inc.), Revolving Credit and Guaranty Agreement (Blue Apron Holdings, Inc.), Revolving Credit and Guaranty Agreement (Blue Apron Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein the Loan Parties in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery of the Loan Documents and the making of any Loans, in each case, in accordance with and subject to the Lenders limitations set forth in Section 9.05 of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminateCredit Agreement.

Appears in 6 contracts

Samples: Term Collateral Agreement (Installed Building Products, Inc.), Term Guarantee Agreement (Installed Building Products, Inc.), Term Guarantee Agreement (Installed Building Products, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall survive the execution and delivery hereof and be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders Secured Parties of any notes evidencing such LoansBorrowing, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 5 contracts

Samples: Revolving Credit Agreement and Incremental Agreement (Palantir Technologies Inc.), Revolving Credit Agreement and Incremental Agreement (Palantir Technologies Inc.), Revolving Credit Agreement (Palantir Technologies Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the LoansLoans and the issuance of Letters of Credit by the Issuing Bank, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 5 contracts

Samples: Security Agreement (Semiconductor Components Industries LLC), Security Agreement (Marketing Services Inc), Security Agreement (American Media Operations Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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 execution Lenders’ issuance of and delivery to the Lenders participations in Letters of any notes evidencing such LoansCredit, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 4 contracts

Samples: Security Agreement (Constar International Inc), Security Agreement (Constar International Inc), Security Agreement (Polymer Group Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 4 contracts

Samples: Security Agreement (Solutia Inc), Security Agreement (Solutia Inc), Security Agreement (Solutia Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any each Grantor 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 Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 3 contracts

Samples: Security Agreement (Jupitermedia Corp), Security Agreement (Jupitermedia Corp), Security Agreement (Jupitermedia Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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 execution Lenders' issuance of and delivery to the Lenders participations in Letters of any notes evidencing such LoansCredit, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 3 contracts

Samples: Security Agreement (Consolidated Communications Illinois Holdings, Inc.), Security Agreement (Consolidated Communications Texas Holdings, Inc.), Security Agreement (Spirit AeroSystems Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Borrower 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 Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 3 contracts

Samples: Security Agreement (Winstar Communications Inc), Credit Agreement (Winstar Communications Inc), Security Agreement (Winstar Communications Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making issuance of the Notes and their purchase by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such LoansHolders, regardless of any investigation made by the Lenders Holders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 3 contracts

Samples: Security Agreement (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any the Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Security Document shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such LoansHolders, regardless of any investigation made by the Lenders Holders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 3 contracts

Samples: Security Agreement (Winstar Communications Inc), Security Agreement (MGC Communications Inc), Security Agreement (Winstar Communications Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders execution and delivery of the LoansCredit Agreement, and the execution and delivery to the Lenders advance of any notes evidencing such Loansall extensions of credit contemplated thereby, regardless of any investigation made by the Lenders or on their behalfany Secured Party, and shall continue in full force and effect until this Agreement shall terminateterminate (or thereafter to the extent provided herein).

Appears in 3 contracts

Samples: Second Lien Guarantee and Collateral Agreement (Spanish Broadcasting System Inc), First Lien Guarantee and Collateral Agreement (Spanish Broadcasting System Inc), Guarantee and Collateral Agreement (Spanish Broadcasting System Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any the Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 3 contracts

Samples: Security Agreement (Lamonts Apparel Inc), Security Agreement (Tel Save Holdings Inc), Credit Agreement (Tel Save Holdings Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein the Issuer and the Grantors in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Noteholder Secured Parties and shall survive the making by the Lenders issuance of the Loans, Notes and the execution and delivery to of the Lenders of any notes evidencing such Loans, regardless of any investigation made by Indenture and the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminateNote Documents.

Appears in 2 contracts

Samples: Notes Collateral Agreement (Builders FirstSource, Inc.), Notes Collateral Agreement (Builders FirstSource, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made in writing by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Security Agreement (Ryder TRS Inc), Security Agreement (Ryder TRS Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders issuance of the Loans, and the execution and delivery to the Lenders of any notes evidencing such LoansNotes, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Canadian Security Agreement (Pliant Corp), Security Agreement (Pliant Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making extension of credit by the Lenders of the Loansany Secured Party, and the execution and delivery to the Lenders Secured Parties of any notes evidencing such Loansextensions of credit, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Security Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Credit Parties 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 Secured Parties Holders and shall survive the making by the Lenders Holders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loansinvestment, regardless of any investigation made by the Lenders Holders or on their behalf, behalf and shall continue in full force and effect until this Agreement shall terminateas long as the principal of or any accrued interest on the Notes is outstanding and unpaid.

Appears in 2 contracts

Samples: Loan Agreement (Opinion Research Corp), Loan Agreement (Opinion Research Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation 32 made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

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

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making consummation of the transactions contemplated by the Lenders of the LoansFinancing Documents, and the execution and delivery to the Lenders Secured Parties of any notes evidencing such Loansthe Convertible Debentures, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Security Agreement (Exchange Applications Inc), Security Agreement (Insight Capital Partners Iv Lp)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making purchase and resale of the Notes by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such LoansInitial Purchasers, regardless of any investigation made by the Lenders Initial Purchasers or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Security Agreement (On Semiconductor Corp), Second Priority Security Agreement (Pierson Industries Inc)

Survival of Agreement. All covenants, agreements, --------------------- representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Security Agreement (Kansas City Southern Industries Inc), Credit Agreement (Ixl Enterprises Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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, and the execution and delivery to the Lenders of any notes evidencing such LoansTerm Loan, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Security Agreement (NXT-Id, Inc.), Security Agreement (NXT-Id, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the any certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, Collateral Agent and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: First Lien Revolving Credit and Guaranty Agreement (Delta Air Lines Inc /De/), Second Lien Term Loan and Guaranty Agreement (Delta Air Lines Inc /De/)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Security Agreement shall be considered to have been relied upon by the Secured Parties Party and shall survive the making by the Lenders of the Loans, and the execution and delivery to of the Lenders Related Documents and the advance of any notes evidencing such Loansall extensions of credit contemplated thereby, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Security Agreement shall terminateterminate (or thereafter to the extent provided herein or therein).

Appears in 2 contracts

Samples: Security and Pledge Agreement (Luminent Mortgage Capital Inc), Security and Pledge Agreement (Luminent Mortgage Capital Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Holders or other Secured Parties and shall survive the making by the Lenders issuance of the Loans, and the execution and delivery to the Lenders of any notes evidencing such LoansNotes, regardless of any investigation made by any of the Lenders Holders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Security Agreement (Great Atlantic & Pacific Tea Co Inc), Security Agreement (Great Atlantic & Pacific Tea Co Inc)

Survival of Agreement. All covenants, agreements, ---------------------- representations and warranties made by any Grantor 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 Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes the Notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Security Agreement (Brylane Inc), Security Agreement (Brylane Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the any certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, Administrative Agent and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/), Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders Secured Parties of any notes evidencing such Loansextensions of credit, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 2 contracts

Samples: Security Agreement (Sunpower Corp), Revolving Credit Agreement (Sunpower Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Security Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to of the Lenders of any notes evidencing such LoansFundamental Documents, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Security Agreement shall terminateterminate (or thereafter to the extent provided herein).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Reliant Resources Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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 Secured Parties and shall survive the execution and delivery of the Loan Documents and the making by the Lenders of any Loans and other extensions of credit contemplated by the Loans, and the execution and delivery to the Lenders of any notes evidencing such LoansCredit Agreements, regardless of any investigation made by the Lenders or on their behalf, behalf and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (McLeodusa Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Oneida LTD)

Survival of Agreement. All covenants, agreements, representations and warranties made by any each Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties Party and shall survive the making by the Lenders of the Loans, loan and the execution and delivery to the Lenders Secured Party of any notes evidencing such Loansthe Note, regardless of any investigation made by the Lenders Secured Party or on their behalf, ; and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Verticalnet Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein the Grantors in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to of this Agreement, the Lenders other Notes Documents and the issuance of any notes evidencing such Loansthe Securities, regardless of any investigation made by the Lenders any Secured Party or on their its behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Collateral Agreement (Symmetry Holdings Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminateterminate as provided in Section 7.14.

Appears in 1 contract

Samples: Security Agreement (Crew J Operating Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.such

Appears in 1 contract

Samples: Security Agreement (New Playboy Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders issuance of the Loans, Notes and any resale of the execution and delivery to the Lenders of Notes by any notes evidencing such LoansHolder, regardless of any investigation made by the Lenders such Holder or on their its behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Leap Wireless International Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any the Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Security Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to of the Lenders Finance Documents and the advance of any notes evidencing such Loansall extensions of credit contemplated thereby, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Security Agreement shall terminateterminate (or thereafter to the extent provided herein or therein).

Appears in 1 contract

Samples: Security and Pledge Agreement (Genesys Sa)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor Debtor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Security Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Security Agreement shall terminate.

Appears in 1 contract

Samples: Credit Agreement (Mentor Corp /Mn/)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders issuance of the Loans, Notes and resale of the execution and delivery to the Lenders of Notes by any notes evidencing such LoansHolder, regardless of any investigation made by the Lenders such Holder or on their its behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Reptron Electronics Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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 Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes the Notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Pledge Agreement (Brylane Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this 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, and the execution and delivery to of the Lenders Loan Documents and the making of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminateis terminated or released as set forth in 6.14.

Appears in 1 contract

Samples: u.s. Security Agreement (1295728 Alberta ULC)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Financing Document shall be considered to have been relied upon by the Trustee and the other Secured Parties and shall survive the making by the Lenders issuance and sale of the Loans, and the execution and delivery to the Lenders of any notes evidencing such LoansNotes, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Constar International Inc)

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Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminateterminate as provided in Section 6.14.

Appears in 1 contract

Samples: Credit Agreement (Burlington Industries Inc /De/)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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 each Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, Loans and the execution Lenders' issuance of and delivery to the Lenders participations in Letters of any notes evidencing such LoansCredit, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Polymer Group Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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 Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to issuance by the Lenders Issuing Bank of any notes evidencing such LoansLetters of Credit, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Allen Ethan Interiors Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or the other Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Donjoy LLC)

Survival of Agreement. All covenants, agreements, ---------------------- representations and warranties made by any Grantor 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 Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes the Notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Pledge Agreement (Brylane Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any the Grantor 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 Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Credit Agreement (Winstar Communications Inc)

Survival of Agreement. All covenants, agreements, ----------------------- representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, loan and the execution and delivery to the Lenders Secured Parties of any notes evidencing such Loansthe Debentures, regardless of any investigation made by the Lenders Secured Parties or on their behalf, ; and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Appiant Technologies Inc)

Survival of Agreement. All covenants, agreements, --------------------- representations and warranties made by any Grantor 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 Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes the Notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Pledge Agreement (Brylane Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminateterminate in accordance with Section 7.14.

Appears in 1 contract

Samples: Security Agreement (Monterey Carpets Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein the Grantors in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to of the Lenders Loan Documents and the making of any notes evidencing such LoansLoans and issuance of any Letters of Credit, regardless of any investigation made by the Lenders any Lender or on their its behalf, and shall continue in full force and effect until the termination of this Agreement shall terminate.in accordance with Section 5.12(a). 24

Appears in 1 contract

Samples: Credit Agreement (Communications Sales & Leasing, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein the Grantors in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to of the Lenders Loan Documents and the making of any notes evidencing such Loans, regardless of any investigation made by the Lenders any Lender or on their its behalf, and shall continue in full force and effect until the termination of this Agreement shall terminatein accordance with Section 5.12(a).

Appears in 1 contract

Samples: Term Loan Credit Agreement (Fuller H B Co)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor or all of the Debtors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery by the Lender of any waiver and amendment to the Lenders of any notes evidencing such Loans, Existing Loan Agreements and/or the 2005 Note regardless of any investigation made by the Lenders or on their behalfLender, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Coolbrands International Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.. 254 18

Appears in 1 contract

Samples: Credit Agreement (Fairchild Semiconductor International Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any the Grantor 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 Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Winstar Communications Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 189 herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Credit Agreement (Northwestern Steel & Wire Co)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein the Grantors hereunder and in the other Secured Transaction Documents and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to of the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalfSecured Transaction Documents, and shall continue in full force and effect until as long as this Agreement shall terminatehas not been terminated or released pursuant to Section 6.11 below.

Appears in 1 contract

Samples: Security Agreement (Rimini Street, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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 Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Spirit AeroSystems Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by any the Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Holders or other Secured Parties and shall survive the making by the Lenders issuance of the Loans, and the execution and delivery to the Lenders of any notes evidencing such LoansNotes, regardless of any investigation made by any of the Lenders Holders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Vertex Pharmaceuticals Inc / Ma)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the any certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Oneida LTD)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Subsidiary Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Senior Lenders of the Senior Loans, and the execution and delivery to the Senior Lenders of any notes evidencing such Senior Loans, regardless of any investigation made by the Senior Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Shared Collateral Security Agreement (Allied Waste Industries Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, loan and the execution and delivery to the Lenders Secured Parties of any notes evidencing such Loansthe Notes, regardless of any investigation made by the Lenders Secured Parties or on their behalf, ; and shall continue in full force and effect until this Agreement shall terminate.. -

Appears in 1 contract

Samples: Note Purchase Agreement (World Racing Group, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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 any other Loan Document shall be considered to have been relied upon by the Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.regardless

Appears in 1 contract

Samples: Second Lien Credit Agreement (Carrizo Oil & Gas Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered consider to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Huntsman Packaging Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Company herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.the

Appears in 1 contract

Samples: 5 Year Competitive Advance and Revolving Credit Facility Agreement (American Bankers Insurance Group Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders any extensions of any notes evidencing such Loanscredit, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Pledge and Security Agreement (Allied Healthcare International Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Senior Lenders of the Senior Loans, and the execution and delivery to the Senior Lenders of any notes evidencing such Senior Loans, regardless of any investigation made by the Senior Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Non Shared Collateral Security Agreement (Allied Waste Industries Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor of the Grantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Iowa Telecommunications Services Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Credit Document shall be considered to have been relied upon by the Collateral Agents and the other Secured Parties Creditors and shall survive the making by the Lenders of the Loans, Loans and the execution Lenders’ issuance of and delivery to the Lenders participations in Letters of any notes evidencing such LoansCredit, regardless of any investigation made by the Lenders Secured Creditors or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Fairpoint Communications Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor 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 Secured Parties Lenders and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes the Notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Brylane Inc)

Survival of Agreement. All covenants, agreements, --------------------- representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties and shall survive the making by the Lenders of the Loans, loan and the execution and delivery to the Lenders Secured Parties of any notes evidencing such Loansthe Notes, regardless of any investigation made by the Lenders Secured Parties or on their behalf, ; and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Speedcom Wireless Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by any Grantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Secured Parties Obligees and shall survive the making by the Lenders of the Loans, and the execution and delivery to the Lenders of any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect until this Agreement shall terminate.

Appears in 1 contract

Samples: Security Agreement (Cross Country Inc)

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