Common use of Survival of Borrower Representations Clause in Contracts

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Note, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cash. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 17 contracts

Samples: Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Birner Dental Management Services Inc)

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Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any the Note, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cashfull. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 7 contracts

Samples: Loan Agreement (Hutchinson Technology Inc), Loan Agreement (Hutchinson Technology Inc), Revolving Loan Agreement (Aar Corp)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Notethe Notes, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cashfull. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 4 contracts

Samples: Loan and Security Agreement (Banyan Rail Services Inc.), Loan and Security Agreement (Bhit Inc), Loan Agreement (Cti Group Holdings Inc)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the BankLender, be deemed material and relied upon by the Bank Lender and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any NoteAgreement, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the BankLender, and the Bank Loan Amount plus all accrued interest has been indefeasibly paid in full in cash. The BankLender, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 4 contracts

Samples: Loan Agreement (Helpful Alliance Co), Loan Agreement (Helpful Alliance Co), Loan Agreement (Helpful Alliance Co)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Notethe Note[S], and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cashfull. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 3 contracts

Samples: Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the BankAgent, be deemed material and relied upon by the Bank Agent and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Notethe Notes, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the BankLenders, and the Bank has Lenders have been indefeasibly paid in full in cashfull. The BankLenders, in extending financial accommodations to the Borrower, is are expressly acting and relying on the aforesaid representations and warranties.

Appears in 3 contracts

Samples: Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Ipalco Enterprises Inc)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the BankLender, be deemed material and relied upon by the Bank Lender and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any NoteAgreement, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations obligations to the BankLender under this Agreement, and the Bank Loan Amount plus all accrued interest has been indefeasibly paid in full in cashfull. The BankLender, in extending financial accommodations granting the Loan to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 2 contracts

Samples: Loan and Security Agreement (Helpful Alliance Co), Loan and Security Agreement (Helpful Alliance Co)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Notethe Notes, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cash. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 2 contracts

Samples: Loan and Security Agreement (PLM Equipment Growth Fund V), Loan and Security Agreement (PLM Equipment Growth Fund V)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the BankLender, be deemed material and relied upon by the Bank Lender and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Note, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the BankLender, and the Bank Lender has been indefeasibly paid in full in cash. The BankLender, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ari Network Services Inc /Wi), Revolving Credit Agreement (American Land Lease Inc)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any the Term Note, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cashfull. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan and Security Agreement (AquaBounty Technologies, Inc.)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the BankLender, be deemed material and relied upon by the Bank Lender and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Note, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the BankLender, and the Bank Lender has been indefeasibly paid Paid in full in cashFull. The BankLender, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan and Security Agreement (Dynatronics Corp)

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Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the other Loan Documents and the issuance of any NoteDocuments, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cash. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan Agreement (Koss Corp)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Notethe Notes, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cash. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Credit Agreement (Integrity Media Inc)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Notethe Notes, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cashfull. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan Agreement (Landauer Inc)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Notethe Notes, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cashfall. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan Agreement (Metrocorp Inc)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any the Term Note, and shall be deemed to be continuing representations and warranties until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cash. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan and Security Agreement (Global Energy, Inc.)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower Borrowers herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any the Note, and shall be deemed to be continuing representations and warranties until such time as the Borrower has Borrowers have fulfilled all of its their Obligations to the Bank, and the Bank has been indefeasibly paid in full in cash. The Bank, in extending financial accommodations to the BorrowerBorrowers, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan and Security Agreement (Inland American Real Estate Trust, Inc.)

Survival of Borrower Representations. All covenants, agreements, representations and warranties made by the Borrower herein shall, notwithstanding any investigation by the Bank, be deemed material and relied upon by the Bank and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of any Notethe Notes, and shall be deemed to be continuing representations in full force and warranties effect until such time as the Borrower has fulfilled all of its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cash. The Bank, in extending financial accommodations to the Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Bridge Loan Agreement (Hunt J B Transport Services Inc)

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