Common use of Survival of Borrower’s Representations Clause in Contracts

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

Appears in 9 contracts

Samples: Senior Secured Revolving Credit Facility Agreement (Hispanica International Delights of America, Inc.), Senior Secured Revolving Credit Facility Agreement (Artec Global Media, Inc.), Senior Secured Revolving Credit Facility Agreement (Staffing Group, Ltd.)

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

Appears in 8 contracts

Samples: Consent and Agreement (Pacific Ventures Group, Inc.), Consent and Agreement (Sack Lunch Productions Inc.), Consent and Agreement (Sack Lunch Productions Inc.)

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

Appears in 7 contracts

Samples: Agreement, Security Agreement (Sunpeaks Ventures, Inc.), Guaranty Agreement (Sunpeaks Ventures, Inc.)

Survival of Borrower’s Representations. All covenants, agreements, representations and warranties made by the Credit Parties herein shall, notwithstanding any investigation by Lender, be deemed material and relied upon by Lender and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of the Revolving NoteNotes and the Facility Fee Shares, and shall be deemed to be continuing representations and warranties until such time as the Credit Parties have fulfilled all of its Obligations to Lender, and Lender has been indefeasibly paid in full. Lender, in extending financial accommodations to Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 3 contracts

Samples: Credit Facility Agreement (Oncologix Tech Inc.), Credit Facility Agreement (Green Innovations Ltd.), Senior Secured Revolving Credit Facility Agreement (Hypertension Diagnostics Inc /Mn)

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

Appears in 2 contracts

Samples: Credit Agreement (National Automation Services Inc), Credit Agreement (National Automation Services Inc)

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

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (Encore Brands, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (TouchIT Technologies, Inc.)

Survival of Borrower’s Representations. All covenants, agreements, representations and warranties made by the Credit Parties herein shall, notwithstanding any investigation by Lender, be deemed material and relied upon by Lender and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of the Revolving NoteNote and the Facility Fee Shares, and shall be deemed to be continuing representations and warranties until such time as the Credit Parties have fulfilled all of its Obligations to Lender, and Lender has been indefeasibly paid in full. Lender, in extending financial accommodations to Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Secured Revolving Credit Facility Agreement (Comprehensive Care Corp)

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

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (SRAX, Inc.)

Survival of Borrower’s Representations. All covenants, agreements, representations and warranties made by the Credit Parties herein shall, notwithstanding any investigation by Lender, be deemed material and relied upon by Lender and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of the Revolving NoteNote and the Facility Fee Shares, and shall be deemed to be continuing representations and warranties until such time as the Credit Parties have fulfilled all of its Obligations to Lender, and Lender has been indefeasibly paid in full. Lender, in extending financial accommodations to Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Senior Secured Credit Facility Agreement (Pharmagen, Inc.)

Survival of Borrower’s Representations. All covenants, agreements, representations and warranties made by the Credit Parties herein shall, notwithstanding any investigation by Lender, be deemed material and relied upon by Lender and shall survive the making and execution of this Agreement and the Loan Documents and the issuance of the Revolving NoteNote and the Facility Fee Shares, and shall be deemed to be continuing representations and warranties until such time as the Credit Parties have fulfilled havefulfilled all of its Obligations to Lender, and Lender has been indefeasibly paid in full. Lender, in extending financial accommodations to Borrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Pledge Agreement (Revolutionary Concepts Inc)

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

Appears in 1 contract

Samples: Amended and Restated Loan Agreement (Hemiwedge Industries, Inc)

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

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (Intelligent Highway Solutions, Inc.)

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