Common use of Survival of Agreements Clause in Contracts

Survival of Agreements. All covenants, agreements, representations and warranties made herein shall survive the execution and the delivery of Loan Documents. All statements contained in any certificate or other instrument delivered by the Borrower hereunder shall be deemed to constitute representations and warranties by the Borrower.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Indebtedness is paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Advances, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of the Borrower herein shall survive the execution and the delivery of Loan Documents. All statements contained this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in any certificate or other instrument delivered by the Borrower hereunder shall be deemed to constitute representations and warranties by the Borrowerfull.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower and the Subsidiary Guarantors herein shall survive the execution and the delivery of Loan Documents. All statements contained this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until Payment in any certificate or other instrument delivered by Full of the Borrower hereunder shall be deemed to constitute representations and warranties by the BorrowerObligations.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrowers herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrowers hereunder or under the Borrower hereunder Original Credit Agreement to Bank shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrowers under this Agreement and under the BorrowerOriginal Credit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made herein agreements of Borrower shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of each Loan, and shall further survive until all of the Obligations under the Credit Agreement are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Administrative Agent or any Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Loan Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations ---------------------- covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or any Related Person hereunder or under the Borrower hereunder Loan Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to Agent shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of the Restricted Persons herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of each Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to Administrative Agent or any Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, such Restricted Person under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of each Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the any Borrower hereunder or under the Credit Agreement to Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, such Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower and each Guarantor herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Indebtedness is paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or any Guarantor hereunder or under the Borrower hereunder Loan Agreement to Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, such party under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations ---------------------- covenants and warranties made agreements of each Obligor herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Obligor hereunder or under the Borrower hereunder Credit Agreement to Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, such Obligor under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenants, agreements, representations and warranties made herein shall survive the execution and the delivery of Loan Documents. All statements contained in any certificate or other instrument delivered by the Borrower Borrowers hereunder shall be deemed to constitute representations and warranties by the BorrowerBorrowers.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of the Borrower herein shall survive the execution and the delivery of Loan Documentsthis First Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to the Administrative Agent or any Lender shall be deemed to constitute representations and warranties by by, and agreements and covenants of, the BorrowerBorrower under this First Amendment and under the Credit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Related Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrowers herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, such Restricted Person under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower and Parent herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or any Group Members hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower and Parent under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrowers herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrowers hereunder or under the Borrower hereunder Credit Agreement to Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrowers under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreements---------------------- warranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or any Related Person hereunder or under the Borrower hereunder Loan Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations ---------------------- covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthe Amendment Documents and the performance hereof and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or any Related Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under the BorrowerAmendment Documents and under the Credit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations ---------------------- covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Loan Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of the Borrower herein shall survive the execution and the delivery of Loan Documents. All statements contained this Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in any certificate or other instrument delivered by the Borrower hereunder shall be deemed to constitute representations and warranties by the Borrowerfull.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Loan Agreement to the Agent or the Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Original Credit Agreement to Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerOriginal Credit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of the Borrower herein shall survive the execution and the delivery of Loan Documentsthis First Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to the Administrative Agent or any Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, the BorrowerBorrower under this First Amendment and under the Credit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of the Related Person herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Related Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment, and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Second Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to Administrative Agent or any Lender shall be deemed to constitute representations and warranties by by, and agreements and covenants of, Borrower under this Second Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or any Subsidiary hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrowers herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrowers hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrowers under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or General Partner hereunder or under the Borrower hereunder Loan Agreement to Bank shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Guarantor or Borrower hereunder shall be deemed to constitute representations and warranties by the Borrower.or under

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of the Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument instrument, as applicable, delivered by the Borrower hereunder or under the Credit Agreement to the Agent and/or the Lenders shall be deemed to constitute representations and warranties by by, or agreements and covenants of, the BorrowerBorrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Comerica shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Advances and Equipment Advances, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Guarantor or Borrower hereunder or under the Credit Agreement to Agent shall be deemed to constitute representations and warranties by by, or agreements and covenants of, such Person under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of this Agreement and the performance hereof and shall further survive until all of the obligations under the Loan DocumentsDocuments are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Loan Documents to Bank shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Agreement and under the BorrowerLoan Documents.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of each Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the any Borrower hereunder or under the Loan Agreement to Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, such Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. 004726 000020 DALLAS 1786529.2 All statements and agreements contained in any certificate or other instrument delivered by Borrower or any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis First Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to Administrative Agent or any Lender shall be deemed to constitute representations and warranties by by, and agreements and covenants of, Borrower under this First Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenants, agreements, representations and warranties made herein shall survive the execution and the delivery of the Loan Documents. All statements contained in any certificate or other instrument delivered by the Borrower hereunder shall be deemed to constitute representations and warranties by the Borrower.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower and Parent herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Banks shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenants, agreements, representations and warranties made herein shall survive the execution and the delivery of the Loan Documents. All statements contained in any certificate or other instrument delivered by the Borrower hereunder shall be deemed to constitute representations and warranties by the Borrower.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting ofthe Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Loan Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrowers herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Loan Party hereunder or under the Borrower hereunder Original Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, such Borrower under this Amendment and under the BorrowerOriginal Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Debtor herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof and thereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Debtor or General Partner hereunder or under the Borrower hereunder Loan Agreement to Secured Party shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Debtor under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Parent and the LLC herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower any Restricted Person hereunder shall be deemed to constitute representations and warranties by the Borrower.or under

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof including, without limitation, the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements contained in and agreements containedin any certificate or other instrument delivered by the Borrower hereunder or under the Loan Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Related Person hereunder or under the Borrower hereunder Credit Agreement to Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, such Related Person under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Agent or any Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Credit Parties herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrowers or any other Credit Party hereunder or under the Borrower hereunder Loan Agreement to Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, such Person(s) under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations ----------------------- covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Loan Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower and Parent herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Noteholder shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthe Amendment Documents and the performance hereof, including without limitation the issuance of the Renewal Notes, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or any Related Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under the BorrowerAmendment Documents and under the Credit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Term Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Related Person hereunder or under the Borrower hereunder Term Agreement to any Term Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerTerm Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Subscription Agreement and Promissory Note to Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerSubscription Agreement and Promissory Note.

Survival of Agreements. All covenantsrepresentatives, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower or General Partner hereunder or under the Borrower hereunder Loan Agreement to Bank shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenants, agreements, representations and warranties made herein shall survive the execution and the delivery of Loan Documents. All statements representations and warranties contained in any certificate or other instrument required to be delivered by the Borrower hereunder pursuant to this Agreement shall be deemed to constitute representations and warranties by the BorrowerBorrower to and for the benefit of the Bank.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Loan Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrowers herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Advances and Equipment Advances, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrowers hereunder or under the Borrower hereunder Loan Agreement to Bank shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrowers under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower any Related Person/Restricted Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenants, agreements, representations and warranties made herein shall survive the execution and the delivery of Loan Documents. All statements contained in any certificate or other instrument delivered by the Borrower hereunder shall be deemed to constitute representations and warranties by the BorrowerBorrowers.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of the Borrower and the Grantors herein shall survive the execution and the delivery of Loan Documents. All statements contained this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in any certificate or other instrument delivered by the Borrower hereunder shall be deemed to constitute representations and warranties by the Borrowerfull.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Company hereunder or under the Borrower hereunder Credit Agreement to Banks shall be deemed to constitute representations and warranties by by, or agreements and covenants of, the BorrowerCompanies under this Amendment and under the Credit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Guarantor or Borrower hereunder or under the Credit Agreement to Bank One shall be deemed to constitute representations and warranties by by, or agreements and covenants of, such Person under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of the Related Person herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Related Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of the Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Original Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, the BorrowerBorrower under this Amendment and under the Original Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans and the issuance and delivery of the New Notes, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Loan Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerLoan Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans and the issuance and delivery of the Renewal Notes, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrower any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment, the issuance and delivery of the Renewal Revolving Credit Note and the performance hereof, and shall further survive until all of the Indebtedness is paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrowers herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by Borrowers hereunder or under the Borrower hereunder Credit Agreement to Bank shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrowers under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis First Amendment and the performance hereof, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Restricted Person hereunder or under the Borrower hereunder Credit Agreement to Agent or any Lender shall be deemed to constitute representations and warranties by by, and agreements and covenants of, Borrower under this First Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrower herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by the Borrower hereunder or under the Credit Agreement to Agent or any Lender shall be deemed to constitute representations and warranties by by, or agreements and covenants of, Borrower under this Amendment and under the BorrowerCredit Agreement.

Survival of Agreements. All covenantsrepresentations, agreementswarranties, representations covenants and warranties made agreements of Borrowers herein shall survive the execution and the delivery of Loan Documentsthis Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or other instrument delivered by any Loan Party hereunder or under the Borrower hereunder Credit Agreement to any Lender shall be deemed to constitute representations and warranties by by, and/or agreements and covenants of, such Borrower under this Amendment and under the BorrowerCredit Agreement.