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Common use of Survival of Agreement Clause in Contracts

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings 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 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 or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13, 2.15, 2.19 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 5 contracts

Samples: Second Lien Credit Agreement (STR Holdings LLC), Second Lien Credit Agreement (STR Holdings (New) LLC), Second Lien Credit Agreement (STR Holdings LLC)

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Survival of Agreement. All covenants, agreements, representations and warranties made by the any Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so as long as the all Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or Agent, any Lender.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Houghton Mifflin Harcourt Co), Term Loan Credit Agreement (Houghton Mifflin Harcourt Co), Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document shall be considered to have been relied upon by the Lenders Lender and shall survive the making by the Lenders Lender of the LoansLoan, regardless of any investigation made by the Lenders Lender or on their its behalf, and shall continue in full force and effect as so long as the principal of, of or any accrued interest on, any on the Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as or the Commitments have commitment has not been terminated. The provisions of Sections 2.13, 2.15, 2.19 and 9.05 Section 7.05 hereof shall remain operative and in full force and effect regardless of the expiration of the term of this AgreementAgreement or any other Loan Document, the consummation of the transactions contemplated hereby, the repayment of any of the LoansLoan, the expiration of the Commitmentscommitment, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 4 contracts

Samples: Loan Agreement (Urban-Gro, Inc.), Loan Agreement (Urban-Gro, Inc.), Loan Agreement (SurgePays, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20, 9.05 and 9.05 9.17 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated herebyTransactions, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Pyxus International, Inc.), Term Loan Credit Agreement (Pyxus International, Inc.), Credit Agreement (Pyxus International, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.12, 2.152.14, 2.19 2.17 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Rotech Healthcare Inc), Term Loan Credit Agreement (Rotech Healthcare Inc), Term Loan Credit Agreement (Rotech Healthcare Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not expired or been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 3 contracts

Samples: Credit Agreement (Bats Global Markets, Inc.), Credit Agreement (BATS Global Markets, Inc.), Credit Agreement (BATS Global Markets, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Revolving Credit Facility Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Revolving Credit Facility Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 3 contracts

Samples: Credit Agreement (Medley LLC), Credit Agreement (Medley Management Inc.), Credit Agreement (Medley Management Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Credit Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Credit Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Credit Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 3 contracts

Samples: Credit Agreement (PennyMac Financial Services, Inc.), Credit Agreement (Pennymac Financial Services, Inc.), Second Lien Credit Agreement (Walter Investment Management Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminatedunpaid. The provisions of Sections 2.132.15, 2.152.17, 2.19 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 3 contracts

Samples: Credit Agreement (Rentech Inc /Co/), Credit Agreement (Rentech Inc /Co/), Credit Agreement (Rentech Inc /Co/)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Document or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 3 contracts

Samples: Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13, 2.15, 2.19 (subject to the requirements of Section 2.19) and 9.05 9.04 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent Agent, or any Lender.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Community Choice Financial Inc.), Revolving Credit Agreement (Community Choice Financial Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminatedunpaid. The provisions of Sections 2.132.14, 2.15, 2.19 2.18 and 9.05 10.5 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 2 contracts

Samples: Senior Subordinated Loan Agreement (Danbury Pharmacal Puerto Rico Inc), Senior Subordinated Loan Agreement (Schein Pharmaceutical Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13, 2.15, 2.19 and 2.19, 9.05 and, until the first anniversary of the Maturity Date, 9.16 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Document or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Forest Oil Corp), First Lien Credit Agreement (Forest Oil Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document shall be considered to have been relied upon by the Lenders and shall survive the making by the Lenders of the Term 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, of or any accrued interest on, on any Term Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Term Loan Commitments have not been terminated. The provisions of Sections 2.13, 2.15, 2.19 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Term Loans, the expiration of the Term Loan Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Document or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent, the Arranger, the Syndication Agent or any Lender.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Dynegy Inc /Il/), First Lien Credit Agreement (Dynegy Inc /Il/)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20, 2.25, 9.05, 9.06 and 9.05 9.11 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 2 contracts

Samples: Term Loan Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (Sportsman's Warehouse Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Term Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Term Loan Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and Section 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Term Loans, the expiration of the Term Loan Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent Agent, or any Lender.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Crimson Exploration Inc.), Second Lien Credit Agreement (Crimson Exploration Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Interim Loan Commitments have not been terminated. The provisions of Sections 2.13Section 2.14, 2.15Section 2.16, 2.19 Section 2.20 and Section 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Interim Loan Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Document or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent Arrangers or any Lender.

Appears in 2 contracts

Samples: Senior Unsecured Interim Loan Agreement (Avis Budget Group, Inc.), Senior Secured Interim Loan Agreement (Avis Budget Group, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings Loan Parties herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document Document, 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 2 contracts

Samples: Senior Subordinated Loan Agreement (Geokinetics Inc), Senior Subordinated Loan Agreement (Avista Capital Partners, L.P.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Borrowers or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Credit Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Credit Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Credit Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 2 contracts

Samples: Credit Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document shall be considered to have been relied upon by the Term Lenders and shall survive the making by the Term Lenders of the Term Loans, regardless of any investigation made by the Term Lenders or on their behalf, and shall continue in full force and effect as long as the principal of, of or any accrued interest on, on any Term Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Term Loan Commitments have not been terminated. The provisions of Sections 2.132.10, 2.15, 2.19 2.14 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Term Loans, the expiration of the Term Loan Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Document or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Term Lender.

Appears in 2 contracts

Samples: Credit Agreement (TreeHouse Foods, Inc.), Credit Agreement (TreeHouse Foods, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13, 2.15, 2.19 2.19, 9.05 and 9.05 Article VIII shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated herebyhereunder, including the IPO, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 2 contracts

Samples: Credit Agreement (World Point Terminals, LP), Credit Agreement (World Point Terminals, LP)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 10.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 2 contracts

Samples: Tranche C Credit Agreement (Terex Corp), Credit Agreement (Terex Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document Document, 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Hawkeye Holdings, Inc.), Second Lien Credit Agreement (Hawkeye Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13Section 2.11, 2.15Section 2.12, 2.19 Section 2.16 and Section 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (ADESTO TECHNOLOGIES Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20, 9.05 and 9.05 9.18 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings Loan Parties herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document Document, 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 10.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Geokinetics Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Administrative Agent Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20, 9.05 and 9.05 9.16 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest onon any Loan, any Loan or any fee Administrative Agent Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid unpaid, and so long as the Commitments have this Agreement has not been terminated. The provisions of Sections 2.132.16, 2.152.18, 2.19 2.22 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.07, 2.152.08, 2.19 2.12 and 9.05 8.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Loan Agreement (TransDigm Group INC)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings Parent herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Transaction Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Transaction Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Transaction Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Burns Philp Netherlands European Holdings Bv)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Company or Holdings Xxxx Corp. herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Credit Document shall be considered to have been relied upon by the Lenders Participants and the Issuing Bank and shall survive the making issuance of Letters of Credit by the Lenders of the LoansIssuing Bank, regardless of any investigation made by the Lenders Participants or the Issuing Bank 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 or any other Loan Credit Document is outstanding and unpaid or any Letter of Credit is outstanding and so long as the Commitments have not been terminated. The provisions of Sections 2.132.02, 2.15, 2.19 2.04 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any expiration of the LoansCommitments, the expiration of the Commitmentsany Letter of Credit, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Credit Document, or any investigation made by or on behalf of the Administrative Agent, any Participant or the Collateral Agent or any LenderIssuing Bank.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Vistancia Marketing, LLC)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document shall be considered to have been relied upon by the Lenders and shall survive the making by the Lenders of Advances of the LoansLoan, 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, of or any accrued interest on, any on the Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.11, 2.152.12, 2.19 2.16 and 9.05 10.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the LoansLoan, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (HFS Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 and 9.05 10.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Syndication Agent, the Collateral Administrative Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Winstar Communications Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document (including any applicable Contractual Minimum Return) is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.20, 2.19 2.23 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Boxed, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by Holdings or the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Document or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent Agent, the Arranger or any Lender.

Appears in 1 contract

Samples: Second Lien Credit Agreement (True Temper Sports Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings Borrowers herein and in the documents, certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminatedunpaid. The provisions agreements of the Borrowers set forth in Sections 2.14(c), 2.15, 2.16, this Article X and the agreements of the Lenders set forth in Sections 2.13, 2.15, 2.19 8.03(b) and 9.05 8.07 shall remain operative and in full force and effect in perpetuity regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated herebyTransactions, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Document or any investigation made by or on behalf of the Administrative any Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Term Loan Agreement (GPAQ Acquisition Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13, 2.15, 2.19 2.19, 9.05 and 9.05 9.16 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Parent Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminatedunpaid. The provisions of Sections 2.132.15, 2.152.17, 2.19 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Rentech Inc /Co/)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any and the other Loan Document Papers 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document Paper is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.12. 2.14, 2.15, 2.19 2.18 and 9.05 hereof shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan DocumentPaper, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Jw Childs Equity Partners L P)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Credit Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Credit Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13, 2.15, 2.19 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Credit Document or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent Agent, the Arrangers or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Dynegy Inc /Il/)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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 the Administrative Agent or on their behalf, and shall continue in full force and effect as long as the principal of, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13, 2.152.17, 2.19 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Tropicana Entertainment Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings Parent herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Finance Document shall be considered to have been relied upon by the Lenders and shall survive the making by the Lenders of the Term 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, of or any accrued interest on, on any Term Loan or any fee or any other amount payable under this Agreement or any other Loan Finance Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Term Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Finance Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Term Loan Credit Agreement (CGG)

Survival of Agreement. All covenants, agreements, ---------------------- representations and warranties made by Parent or the Borrower or Holdings Company herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.12, 2.152.14, 2.19 2.18, 9.05 and 9.05 9.16 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Guarantee Life Companies Inc)

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Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Bridge Credit Agreement

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings Loan Parties herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document Document, shall be considered to have been relied upon by the Lenders and shall survive the making by the Lenders of the Loanstheir respective advances 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, of or any accrued interest on, any on the Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminatedoutstanding. The provisions of Sections 2.13, 2.15, 2.19 2.17, 2.21, 9.09 and 9.05 10.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the CommitmentsLoan, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Senior Unsecured Bridge Loan Agreement (Allis Chalmers Energy Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Financing Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Financing Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13Section 2.09, 2.152.10, 2.19 2.14 and 9.05 10.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity Commitments or unenforceability of any term or provision of this Agreement or any other Loan Financing Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Securities Purchase Agreement (TRM Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Borrower, Holdings or Polo Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Sunterra Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Yield Maintenance Amount or any Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.12, 2.15, 2.19 2.16 (subject to the requirements of Section 2.16) and 9.05 9.04 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Pacific Drilling S.A.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document shall be considered to have been relied upon by the Lenders and shall survive the making by the Lenders of the Term 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, of or any accrued interest on, on any Term Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Term Loan Commitments have not been terminated. The provisions of Sections 2.132.10, 2.15, 2.19 2.14 and 9.05 10.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Term Loans, the expiration of the Term Loan Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Document or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Diversified Energy Co PLC)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the Transactions and the other transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Term Loan Credit Agreement (King Pharmaceuticals Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by Holdings or the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not expired or been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Diamond Resorts International, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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 its behalf, and shall continue in full force and effect as long as the principal of, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the New Money Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the New Money Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Secured Debtor in Possession Credit Agreement (Buffets Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Administrative Agent Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.11, 2.13, 2.15, 2.19 2.17 and 9.05 10.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Bridge Loan Agreement (Alion Science & Technology Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document shall be considered to have been relied upon by the Lenders and shall survive the making by the Lenders of the Revolving 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, of or any accrued interest on, on any Revolving Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.11, 2.152.12, 2.19 2.16 (subject to the requirements of Section 2.16) and 9.05 9.04 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Revolving Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent Agent, or any Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (CCF Holdings LLC)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.12, 2.152.14, 2.19 2.17 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions Transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Debt Agreement (Rotech Healthcare Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Credit Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Credit Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections Section 2.13, 2.15, 2.19 Section 2.17 and Section 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Credit Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or Agent, any Lender.

Appears in 1 contract

Samples: Credit Agreement (Mfa Financial, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Credit Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Credit Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections Section 2.13, 2.15, 2.19 Section 2.17 and Section 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Credit Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or Agent, any Lender.

Appears in 1 contract

Samples: Credit Agreement (Great Ajax Corp.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (LTV Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Credit Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Credit Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13‎2.14, 2.15‎2.16, 2.19 ‎2.20 and 9.05 ‎9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Credit Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (PennyMac Financial Services, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20, 9.05 and 9.05 9.18 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Itc Deltacom Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Credit Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Credit Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Credit Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Pennymac Financial Services, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.11, 2.152.12, 2.19 2.16 (subject to the requirements of Section 2.16) and 9.05 9.04 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent Agent, or any Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Community Choice Financial Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Finance Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Finance Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections Section 2.13, Section 2.15, 2.19 Section 2.20 and Section 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Finance Document, or any investigation made by or on behalf of the Administrative Facility Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (CGG Veritas)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Network Communications, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings Borrowers herein and in the documents, certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminatedunpaid. The provisions agreements of the Borrowers set forth in Sections 2.15, 2.16, this Article X and the agreements of the Lenders set forth in Sections 2.13, 2.15, 2.19 8.03(b) and 9.05 8.07 shall remain operative and in full force and effect in perpetuity regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated herebyTransactions, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Document or any investigation made by or on behalf of the Administrative any Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Hall of Fame Resort & Entertainment Co)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20, 9.05 and 9.05 9.18 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the documents, certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminatedunpaid. The provisions agreements of the Credit Parties set forth in Sections 2.131.14(c), 2.151.15, 2.19 1.16, 9.5 and 9.05 9.6 and the agreements of the Lenders set forth in Sections 1.12, 8.3(b) and 8.7 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, Document or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Second Lien Term Loan Agreement (Penhall International Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee Administrative Agent Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13, 2.15, 2.19 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (St Louis Riverboat Entertainment Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document shall be considered to have been relied upon by the Bridge Lenders and shall survive the making by the Bridge Lenders of the Loans, regardless of any investigation made by the Bridge Lenders or on their behalf, and shall continue in full force and effect as long as the principal of, of or any accrued interest on, on any Loan or any fee Fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not been terminated. The provisions of Sections 2.13, 2.15, 2.19 9.05 and 9.05 9.15 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Bridge Lender.

Appears in 1 contract

Samples: Bridge Credit Agreement (Mascotech Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with, with or pursuant to, to this Agreement or any other Loan Document 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, of or any accrued interest on, on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments (if any) have not been terminated. The provisions of Sections 2.132.14, 2.152.16, 2.19 2.20 and 9.05 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the CommitmentsCommitments (if any), the invalidity or unenforceability of any term or provision of this Agreement or any other Loan Document, or any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Medley Management Inc.)

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