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

Survival of Borrower’s Representations. All covenants, agreements, representations and warranties made by each 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 Borrowers have fulfilled all of their Obligations to the Bank, and the Bank has been indefeasibly paid in full in cash. The Bank, in extending financial accommodations to the Borrowers, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 3 contracts

Samples: Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp)

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Survival of Borrower’s Representations. All covenants, agreements, representations and warranties made by each Borrower of the 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 Note, and shall be deemed to be continuing representations and warranties until such time as the Borrowers have fulfilled all of their Obligations to the Bank, and the Bank has been indefeasibly paid in full in cash. The Bank, in extending financial accommodations to the Borrowers, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifeway Foods Inc)

Survival of Borrower’s Representations. All covenants, agreements, representations and warranties made by each Borrower the 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 Note, and shall be deemed to be continuing representations and warranties until such time as the Borrowers have fulfilled all of their its Obligations to the Bank, and the Bank has been indefeasibly paid in full in cash. The Bank, in extending financial accommodations to the Borrowers, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan and Security Agreement (Smithway Motor Xpress Corp)

Survival of Borrower’s Representations. All covenants, agreements, representations and warranties made by each Borrower the 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 Borrowers have fulfilled all of their Obligations to the Bank, Bank and the Bank has been indefeasibly paid in full in cashfull. The Bank, in extending financial accommodations to the BorrowersBorrower, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan and Security Agreement (FreightCar America, Inc.)

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Survival of Borrower’s Representations. All covenants, agreements, representations and warranties made by each Borrower the 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 Notethe Notes, and shall be deemed to be continuing representations and warranties until such time as the Borrowers have fulfilled all of their Obligations to the Bank, and the Bank has been indefeasibly paid in full in cashfull. The Bank, in extending financial accommodations to the Borrowers, is expressly acting and relying on the aforesaid representations and warranties.

Appears in 1 contract

Samples: Loan and Security Agreement (Global Axcess Corp)

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