Common use of Survival of Agreements; Cumulative Nature Clause in Contracts

Survival of Agreements; Cumulative Nature. All of the Obligated Persons’ various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loans and the delivery of the Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to BOK and all of BOK’s obligations to Borrower are terminated. All statements and agreements contained in any certificate or other instrument delivered to BOK under any Loan Document shall be deemed representations and warranties by Borrower to BOK and/or agreements and covenants of Borrower under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to BOK in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to BOK of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar representation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of the Obligated Persons’ , various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loans Loan and the delivery of the Note Notes and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to BOK USB and all of BOK’s USB's obligations to Borrower Borrowers are terminated. All statements and agreements contained in any certificate or other instrument delivered to BOK USB under any Loan Document shall be deemed representations and warranties by Borrower Borrowers to BOK USB and/or agreements and covenants of Borrower Borrowers under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to BOK USB in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to BOK USB of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar representationrepresent- ation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of the Obligated Persons’ ' various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loans Loan and the delivery of the Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to BOK USB and all of BOK’s USB's obligations to Borrower are terminated. All statements and agreements contained in any certificate or other instrument delivered to BOK USB under any Loan Document shall be deemed representations and warranties by Borrower to BOK USB and/or agreements and covenants of Borrower under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to BOK USB in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, nullify or otherwise reduce the benefit to BOK USB of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar representation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of the Obligated Related Persons’ ' various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loans Loan and the delivery of the Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to BOK Lender and all of BOK’s Lender's obligations to Borrower are terminated. All statements and agreements contained in any certificate or other instrument delivered by any Related Person to BOK Lender under any Loan Document shall be deemed representations and warranties by Borrower to BOK and/or or agreements and covenants of Borrower under this Agreement. The representations, warranties, and covenants made by the Obligated Related Persons in the Loan Documents, and the rights, powers, and privileges granted to BOK Lender in the Loan Documents, are cumulative, and, except for expressly specified waivers and consents, no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to BOK of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar representation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.to

Survival of Agreements; Cumulative Nature. All of the Obligated Persons’ various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loans Loan and the delivery of the Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to BOK BOTW and all of BOKBOTW’s obligations to Borrower Borrowers are terminated. All statements and agreements contained in any certificate or other instrument delivered to BOK BOTW under any Loan Document shall be deemed representations and warranties by Borrower Borrowers to BOK BOTW and/or agreements and covenants of Borrower Borrowers under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to BOK BOTW in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to BOK BOTW of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar representation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of the Obligated Persons’ various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loans Loan and the delivery of the Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to BOK BOTW and all of BOKBOTW’s obligations to Borrower are terminated. All statements and agreements contained in any certificate or other instrument delivered to BOK BOTW under any Loan Document shall be deemed representations and warranties by Borrower to BOK BOTW and/or agreements and covenants of Borrower under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to BOK BOTW in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to BOK BOTW of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar representation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of ----------------------------------------- the Obligated Persons’ ' various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loans Loan and the delivery of the Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to BOK USB and all of BOK’s USB's obligations to Borrower are terminated. All statements and agreements contained in any certificate or other instrument delivered to BOK USB under any Loan Document shall be deemed representations and warranties by Borrower to BOK USB and/or agreements and covenants of Borrower under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to BOK USB in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to BOK USB of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar representation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.