Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 12 contracts
Samples: Loan and Security Agreement (Pfsweb Inc), Loan and Security Agreement (Pfsweb Inc), Loan and Security Agreement (Pfsweb Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this 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 Indebtedness is paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 12 contracts
Samples: Credit Agreement (Englobal Corp), Credit Agreement (Englobal Corp), Credit Agreement (Englobal Corp)
Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 11 contracts
Samples: Credit Agreement (Ferrellgas Partners Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp), Credit Agreement (Ferrellgas Finance Corp)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 10 contracts
Samples: Credit Agreement (Berry Petroleum Co), Credit Agreement (Berry Petroleum Co), Credit Agreement (Berry Petroleum Co)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 10 contracts
Samples: Credit Agreement (Fieldstone Investment Corp), Credit Agreement (Lyon East Garrison CO I, LLC), Credit Agreement (Fieldstone Investment Corp)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower and the Subsidiary Guarantors herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all Payment in Full of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan AgreementObligations.
Appears in 10 contracts
Samples: Credit Agreement, Credit Agreement (Markwest Energy Partners L P), Credit Agreement
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Company herein shall survive the execution and delivery of this 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 Indebtedness is paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower Company and any Guarantors hereunder or under the Loan Credit Agreement to Bank Xxxxx Fargo shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Person or any such Guarantor, as applicable, under this Amendment and under the Loan Credit Agreement.
Appears in 9 contracts
Samples: Credit and Security Agreement (Tandy Brands Accessories Inc), Credit and Security Agreement (Tandy Brands Accessories Inc), Credit and Security Agreement (Tandy Brands Accessories Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this 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 instrument delivered by Borrower Borrowers hereunder or under the Loan Original Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower Borrowers under this Amendment Agreement and under the Loan Original Credit Agreement.
Appears in 9 contracts
Samples: Revolving Credit Agreement (M I Homes Inc), Revolving Credit Agreement (M I Homes Inc), Revolving Credit Agreement (M I Homes Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Advanceseach 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 instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 8 contracts
Samples: Credit Agreement (Paa Natural Gas Storage Lp), Second Restated Credit Agreement (Plains All American Pipeline Lp), Restated Credit Agreement (Plains All American Pipeline Lp)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 7 contracts
Samples: Loan Agreement (Western Gas Resources Inc), Loan Agreement (Western Gas Resources Inc), Loan Agreement (Western Gas Resources Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 6 contracts
Samples: Credit Agreement (Peerless Manufacturing Co), Credit Agreement (Frozen Food Express Industries Inc), Credit Agreement (Frozen Food Express Industries Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank Agent shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 6 contracts
Samples: Credit Agreement (North Coast Energy Inc / De/), Credit Agreement (North Coast Energy Inc / De/), Credit Agreement (North Coast Energy Inc / De/)
Survival of Agreements. All representations, warranties, ---------------------- covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Related Person hereunder or under the Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 6 contracts
Samples: Loan Agreement (Western Gas Resources Inc), Loan Agreement (Western Gas Resources Inc), Loan Agreement (Western Gas Resources Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Escalera Resources Co.), Credit Agreement (Double Eagle Petroleum Co), Credit Agreement (Double Eagle Petroleum Co)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower the Restricted Persons herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Advanceseach Loan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Restricted Person under this Amendment and under the Loan Credit Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Related Person hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)
Survival of Agreements. All representations, warranties, ---------------------- covenants and agreements of Borrower each Obligor herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Obligor hereunder or under the Loan Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Obligor under this Amendment and under the Loan Credit Agreement.
Appears in 4 contracts
Samples: Credit Agreement and Promissory Note (Aviva Petroleum Inc /Tx/), Credit Agreement and Promissory Note (Aviva Petroleum Inc /Tx/), Credit Agreement (Aviva Petroleum Inc /Tx/)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower such Restricted Person under this Amendment and under the Loan Credit Agreement.
Appears in 4 contracts
Samples: Credit Agreement (RAAM Global Energy Co), Credit Agreement (Windstar Energy, LLC), Credit Agreement (RAAM Global Energy Co)
Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this First 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 instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank the Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or and agreements and covenants of, the Borrower under this First Amendment and under the Loan Credit Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Energy Transfer Equity, L.P.), Revolving Credit Agreement (Atlas Pipeline Partners Lp), Credit Agreement (Energy Transfer Partners, L.P.)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 4 contracts
Samples: Convertible Loan Agreement (Play by Play Toys & Novelties Inc), Convertible Loan Agreement (Play by Play Toys & Novelties Inc), Convertible Loan Agreement (Play by Play Toys & Novelties Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower and each Guarantor herein shall survive the execution and delivery of this 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 Indebtedness is paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Guarantor hereunder or under the Loan Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such party under this Amendment and under the Loan Agreement.
Appears in 4 contracts
Samples: Loan and Security Agreement (CompuCredit Holdings Corp), Loan and Security Agreement (CompuCredit Holdings Corp), Loan and Security Agreement (CompuCredit Holdings Corp)
Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 3 contracts
Samples: Financing and Security Agreement (Alterra Healthcare Corp), Financing and Security Agreement (Alterra Healthcare Corp), Financing and Security Agreement (Alterra Healthcare Corp)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this 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 instrument delivered by Borrower Borrowers hereunder or under the Loan Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower Borrowers under this Amendment and under the Loan Credit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Technical Olympic Usa Inc), Credit Agreement (Technical Olympic Usa Inc), Credit Agreement (Technical Olympic Usa Inc)
Survival of Agreements. All representations, ---------------------- warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Related Person hereunder or under the Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 3 contracts
Samples: Loan Agreement (Western Gas Resources Inc), Loan Agreement (Western Gas Resources Inc), Loan Agreement (Western Gas Resources Inc)
Survival of Agreements. All representations, warranties, ---------------------- covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 3 contracts
Samples: Loan Agreement (Western Gas Resources Inc), Loan Agreement (Western Gas Resources Inc), Loan Agreement (Western Gas Resources Inc)
Survival of Agreements. All representations, warranties, ---------------------- covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Western Gas Resources Inc), Credit Agreement (Key Production Co Inc), Credit Agreement (Western Gas Resources Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this the Amendment Documents and the performance hereof, including without limitation the making or granting of the Advances, hereof and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Related Person hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this the Amendment Documents and under the Loan Credit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Second 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 instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or and agreements and covenants of, Borrower under this Second Amendment and under the Loan Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Pacific Energy Partners Lp), Credit Agreement (Energy Transfer Partners Lp)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower the Company herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower the Company hereunder or under the Loan Credit Agreement to any Bank shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower the Company under this Amendment and under the Loan Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Crown Central Petroleum Corp /Md/), Credit Agreement (Crown Central Petroleum Corp /Md/)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Subsidiary hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or General Partner hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Caprock Communications Corp), Loan Agreement (Caprock Communications Corp)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Original Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Original Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Technical Olympic Usa Inc), Credit Agreement (Engle Homes Residential Construction LLC)
Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this First 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 instrument delivered by the Borrower hereunder or under the Loan Credit Agreement to Bank the Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, the Borrower under this First Amendment and under the Loan Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Energy Transfer Partners, L.P.)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower the Related Person herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Related Person hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment Amendment, and under the Loan Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Pride Companies Lp), Credit Agreement (Pride Companies Lp)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Cheniere Energy Inc), Credit Agreement (Cheniere Energy Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Agreement to Bank the Agent or the Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 2 contracts
Samples: Loan, Security and Servicing Agreement (Ministry Partners Investment Company, LLC), Loan, Security and Servicing Agreement (Ministry Partners Investment Company, LLC)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower Borrowers hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower Borrowers under this Amendment and under the Loan Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Windstar Energy, LLC), Credit Agreement (Windstar Energy, LLC)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Restricted Person hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Guarantor or Borrower hereunder or under the Loan Credit Agreement to Bank One shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Person under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this First 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 instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or and agreements and covenants of, Borrower under this First Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Guarantor or Borrower hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.under
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Related Person hereunder or under the Loan Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Related Person under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Advancesofthe Loans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by the Borrower hereunder or under the Loan Original Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, the Borrower under this Amendment and under the Loan Original Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this Third 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 instrument delivered by the Borrower hereunder or under the Loan Credit Agreement to Bank the Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, the Borrower under this Third Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this the Amendment Documents and the performance hereof, including without limitation the making or granting issuance of the AdvancesRenewal Notes, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Related Person hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this the Amendment Documents and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this 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 instrument delivered by Borrower any Company hereunder or under the Loan Credit Agreement to Bank Banks shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower the Companies under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Frozen Food Express Industries Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Guarantor or Borrower hereunder or under the Loan Credit Agreement to Bank Agent shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Person under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (E-Dentist Com Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of each Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by any Borrower hereunder or under the Loan Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, such Borrower under this Amendment and under the Loan Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, ----------------------- covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoan and the issuance and delivery of the Renewal Note, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank Agent shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representationsrepresentatives, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or General Partner hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower and the Grantors herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 1 contract
Samples: Credit Agreement (Ferrellgas Partners Finance Corp)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this 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 instrument delivered by Borrower Borrowers hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower Borrowers under this Amendment and under the Loan Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank Comerica shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Frozen Food Express Industries Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment Amendment, the issuance and delivery of the Renewal Revolving Credit Note and the performance hereof, including without limitation the making or granting of the Advances, and shall further survive until all of the Obligations are Indebtedness is paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Englobal Corp)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this 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 instrument delivered by Borrower Borrowers hereunder or under the Loan Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower Borrowers under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (M I Schottenstein Homes Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this First 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 instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank Agent or any Lender shall be deemed to constitute representations and warranties by, or and agreements and covenants of, Borrower under this First Amendment and under the Loan Credit Agreement.
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Survival of Agreements. All representations, warranties, covenants and agreements of Borrower and Parent herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank Banks shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoan, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower and Parent herein shall survive the execution and delivery of this 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 instrument delivered by Borrower hereunder or under the Loan Credit Agreement to Bank Noteholder shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Credit Parties herein shall survive the execution and delivery of this 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 instrument delivered by Borrower Borrowers or any other Credit Party hereunder or under the Loan Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Person(s) under this Amendment and under the Loan Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment Agreement and the performance hereof, including without limitation the making or granting of the Advances, hereof and shall further survive until all of the Obligations obligations under the Loan Documents are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Agreement Documents to Bank shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment Agreement and under the Loan AgreementDocuments.
Appears in 1 contract
Samples: Forbearance and Modification Agreement (Wilson Brothers Usa Inc)
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in containedin any certificate or instrument delivered by Borrower hereunder or under the Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
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Survival of Agreements. All representations, warranties, covenants and agreements of Borrower the Related Person herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Related Person hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this 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 instrument instrument, as applicable, delivered by the Borrower hereunder or under the Loan Credit Agreement to Bank the Agent and/or the Lenders shall be deemed to constitute representations and warranties by, or agreements and covenants of, the Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this of this Amendment and the performance hereof, including without limitation the making or granting of the AdvancesLoans, and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Agreement.
Appears in 1 contract
Survival of Agreements. All representations, warranties, ------------------------ covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Advances, Loans and shall further survive until all of the Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Loan Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Loan Credit Agreement.
Appears in 1 contract