Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 9 contracts
Samples: 5 Year Competitive Advance and Revolving Credit Facility Agreement (Texas Utilities Electric Co), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Texas Utilities Co /Tx/), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Texas Utilities Electric Co)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement is outstanding and unpaid or and so long as the Commitments have not been terminated.
Appears in 9 contracts
Samples: Term Loan Agreement (Goodyear Tire & Rubber Co /Oh/), 364 Day Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Revolving Credit and Letter of Credit Facility Agreement (Fingerhut Companies Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 9 contracts
Samples: Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Agreement (Txu Corp /Tx/), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Texas Utilities Co /Tx/)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement hereto shall be considered to have been relied upon by the Agents and the Lenders and shall survive the making by the Lenders of the Loans regardless Extensions of Credit and the execution and delivery to the Lenders of any investigation made by Promissory Notes evidencing the Lenders or on their behalf, Extensions of Credit and shall continue in full force and effect as so long as the principal of any Promissory Note or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement due hereunder is outstanding and unpaid or the Commitments have any Commitment of any Lender has not been terminated.
Appears in 8 contracts
Samples: Credit Agreement (Panhandle Eastern Pipe Line Co), Credit Agreement (Consumers Energy Co), Credit Agreement (Panhandle Eastern Pipe Line Co)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers any 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 Lenders and shall survive the making by the Lenders of the Loans Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement is outstanding and unpaid or and so long as the Commitments have not been terminated.
Appears in 8 contracts
Samples: Revolving Credit Agreement (Alcoa Inc), Revolving Credit Agreement (Alcoa Inc), Revolving Credit Agreement (Aluminum Co of America)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Facility Fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 7 contracts
Samples: 364 Day Competitive Advance and Revolving Credit Facility Agreement (Perkinelmer Inc), Competitive Advance and Revolving Credit Facility Agreement (Eg&g Inc), Credit Facility Agreement (Eg&g Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers any 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 Lenders and shall survive the making by the Lenders of the Loans Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee fee or any other amount payable under this Agreement is outstanding and unpaid or and so long as the Commitments have not been terminated.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Alcoa Inc), Revolving Credit Agreement (Alcoa Inc), Term Credit Agreement (Alcoa Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers any Credit Party 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 6 contracts
Samples: Revolving Credit and Term Loan Agreement (Zimmer Holdings Inc), Credit Agreement (Zimmer Holdings Inc), Credit Agreement (Zimmer Holdings Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders Issuing Bank and shall survive the making issuance by the Lenders Issuing Bank of the Loans regardless Letters of any investigation made by the Lenders or on their behalf, Credit and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee fee or any other amount payable under this Agreement or any of the other Loan Documents or any Letter of Credit is outstanding and unpaid or and so long as the Commitments have not been terminated.
Appears in 5 contracts
Samples: Credit Agreement (Molson Coors Brewing Co), Credit Agreement (Molson Coors Brewing Co), Credit Agreement (Molson Coors Brewing Co)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or there are any accrued interest on any Loan outstanding Loans or any Fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 4 contracts
Samples: Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement is Obligation remains outstanding and unpaid or and so long as the Commitments have not been terminated.
Appears in 4 contracts
Samples: Term Loan Agreement (Howmet Aerospace Inc.), Term Loan Agreement (Howmet Aerospace Inc.), 364 Day Bridge Term Loan Agreement (Alcoa Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers any 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 4 contracts
Samples: Credit Agreement (Zimmer Biomet Holdings, Inc.), Credit Agreement (Zimmer Holdings Inc), Credit Agreement (Zimmer Holdings Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers Credit Parties 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 3 contracts
Samples: Term Loan Agreement (Mead Johnson Nutrition Co), Five Year Revolving Credit Facility Agreement (Mead Johnson Nutrition Co), Revolving Credit Facility Agreement (Mead Johnson Nutrition Co)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders Issuing Bank and shall survive the making issuance by the Lenders Issuing Bank of the Loans regardless Letters of any investigation made by the Lenders or on their behalf, Credit and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee fee or any other amount payable under this Agreement or any of the other Loan Documents is outstanding and unpaid or and so long as the Commitments have not been terminated.
Appears in 3 contracts
Samples: Credit Agreement (Schulman a Inc), Credit Agreement (Yrc Worldwide Inc), Credit Agreement (Yellow Roadway Corp)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement is outstanding and unpaid or so long as the Commitments have not been terminated.
Appears in 3 contracts
Samples: Competitive Advance and Revolving Credit Facility Agreement (Citizens Communications Co), Competitive Advance and Revolving Credit Facility Agreement (Citizens Communications Co), Competitive Advance and Revolving Credit Facility Agreement (Citizens Utilities Co)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement is outstanding and unpaid unpaid, or the Commitments have not been terminated.
Appears in 3 contracts
Samples: Five Year Competitive Advance and Revolving Credit Facility Agreement (Hartford Financial Services Group Inc/De), Credit Facility Agreement (Hartford Financial Services Group Inc/De), Five Year Competitive Advance and Revolving Credit Facility Agreement (Hartford Financial Services Group Inc/De)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders Bank and shall survive the making by the Lenders Bank of the Loans and the execution and delivery to the Bank of the Notes, regardless of any investigation made by the Lenders Bank 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 Fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminatedObligations are outstanding.
Appears in 3 contracts
Samples: Credit Agreement (Bha Group Inc), Credit Agreement (Harmon Industries Inc), Credit Agreement (Bha Group Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers herein Borrower 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 Lenders and shall survive the making by the Lenders and the LC Bank of the Loans all Extensions of Credit regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Outstanding Credit or any Fee fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 3 contracts
Samples: Credit Agreement (Exelon Corp), Credit Agreement (Constellation Energy Group Inc), Credit Agreement (Constellation Energy Group Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers herein any Loan Party in any Loan Document 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement is outstanding and unpaid or and so long as the Commitments have not been terminated.
Appears in 3 contracts
Samples: Revolving Credit Facility Agreement (Lucent Technologies Inc), Revolving Credit Facility Agreement (Lucent Technologies Inc), Revolving Credit and Term Loan Facility Agreement (Lucent Technologies Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 2 contracts
Samples: Credit Agreement (Zimmer Biomet Holdings, Inc.), 364 Day Credit Agreement (Zimmer Holdings Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers herein Borrower 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 Lenders and shall survive the making by the Lenders of the Loans all Advances regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Outstanding Credit or any Fee fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 2 contracts
Samples: Credit Agreement (Constellation Energy Group Inc), Credit Agreement (Constellation Energy Group Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers Borrower or any other Person herein and or in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement Loan Documents shall be considered to have been relied upon by the Lenders Lender and shall survive the making by the Lenders Lender of the Loans Loan and the execution and delivery to Lender of the Note evidencing the Loan, regardless of any investigation made by the Lenders Lender or on their its behalf, and shall continue in full force and effect as long as the principal of all or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement portion of the Obligation is outstanding and unpaid or the Commitments have not been terminatedoutstanding.
Appears in 2 contracts
Samples: Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Construction Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans Loans, regardless of any investigation investigations made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement Obligation is outstanding and unpaid or and so long as the Commitments have not been terminated.
Appears in 2 contracts
Samples: Credit Agreement (Harris Corp /De/), Credit Agreement (Harris Corp /De/)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making of Loans by the Lenders of the Loans hereunder regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of any Loans or any accrued interest on any Loan or any Fee or any other amount payable amounts are outstanding under this Agreement is outstanding or any of the other Credit Documents and unpaid or so long as the Commitments have not been terminated.
Appears in 2 contracts
Samples: Credit Agreement (Jp Foodservice Inc), 364 Day Credit Agreement (Jp Foodservice Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders Issuing Bank and shall survive the making issuance by the Lenders Issuing Bank of the Loans regardless Letters of any investigation made by the Lenders or on their behalf, Credit and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee fee or any other amount payable under this Agreement or any of the other Loan Documents is outstanding and unpaid or and so long as the Commitments have not been terminated.
Appears in 1 contract
Samples: Revolving Credit Agreement (Freeport McMoran Copper & Gold Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans outstanding or the principal of or any accrued interest on any Loan or any Facility Fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 1 contract
Samples: Credit Agreement (Txu Corp /Tx/)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making of Loans by the Lenders of the Loans hereunder regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of any Loans or any accrued interest on any Loan or any Fee or any other amount payable amounts are outstanding under this Agreement is outstanding or any of the other Credit Documents and unpaid or so long as the Commitments have not been terminated.
Appears in 1 contract
Survival of Agreement. All covenants, agreements, representations and warranties made by Holdings and the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Mead Johnson Nutrition Co)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers herein Borrower 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 Lenders and shall survive the making by the Lenders and the XX Xxxxx of the Loans all Extensions of Credit regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Outstanding Credit or any Fee fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 1 contract
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the (i) there remains outstanding and unpaid principal of or any accrued interest on any Loan or any the Facility Fee or any other amount payable under this Agreement is outstanding and unpaid or (ii) the Commitments have not been terminated.
Appears in 1 contract
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making extension by the Lenders of the Loans maturity of the Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the Commitments have not been terminatedunpaid.
Appears in 1 contract
Samples: Term Loan Agreement (MTS Inc)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans Advances regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or there are any accrued interest on any Loan Outstanding Advances or any Fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 1 contract
Samples: Commodity Collateral Revolving Credit Agreement (Calpine Corp)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders Credit Parties and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or there are any accrued interest on any Loan Outstanding Credits or any Fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 1 contract
Samples: Revolving Credit Agreement (Oncor Electric Delivery Co LLC)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers Credit Parties herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Subordinated Debenture Document shall be considered to have been relied upon by the Lenders and shall survive the making by the Lenders of the Loans Loan, regardless of any investigation made by the Lenders or on their behalf, behalf and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement the Subordinated Debentures is outstanding and unpaid or the Commitments have not been terminatedunpaid.
Appears in 1 contract
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the Delivery Agreement shall be considered to have been relied upon by the Lenders and shall survive the making by the Lenders of the Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans outstanding or the principal of or any accrued interest on any Loan or any Commitment Fee or any other amount payable under this Agreement is outstanding and unpaid or the Commitments have not been terminated.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Oncor Electric Delivery Co)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement hereto shall be considered to have been relied upon by the Agents and the Lenders and shall survive the making by the Lenders and the Issuing Banks of the Loans regardless Extensions of Credit and the execution and delivery to the Lenders of any investigation made by Promissory Notes evidencing the Lenders or on their behalf, Extensions of Credit and shall continue in full force and effect as so long as the principal of any Promissory Note or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement due hereunder is outstanding and unpaid or the Commitments have any Commitment of any Lender has not been terminated.
Appears in 1 contract
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders Issuing Bank and shall survive the making issuance by the Lenders Issuing Bank of the Loans regardless Letters of any investigation made by the Lenders or on their behalf, Credit and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee fee or any other amount payable under this Agreement or any of the other Loan Documents is outstanding and unpaid or and so long as the Commitments have not been terminated.
Appears in 1 contract
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement is outstanding and unpaid or so long as the Commitments have not been terminated.. Table of Contents
Appears in 1 contract
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers 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 Lenders and shall survive the making by the Lenders of the Loans Advances, regardless of any investigation made by the Lenders or on their behalfLenders, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Advance or any Fee or any other amount payable under this Agreement is outstanding and unpaid or and so long as the Commitments have not been terminatedterminated in full.
Appears in 1 contract
Samples: Credit Agreement (Kroger Co)
Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrowers herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Investment Document shall be considered to have been relied upon by the Lenders Holders and shall survive the making by the Lenders Holders of the Loans loan, regardless of any investigation made by the Lenders Holders or on their behalf, behalf and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other amount payable under this Agreement the Notes is outstanding and unpaid or the Commitments have not been terminatedunpaid.
Appears in 1 contract