Common use of Survival of Covenants and Representations Clause in Contracts

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesNotes and shall terminate upon payment in full of all amounts due under the Notes and this Agreement.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesNote.

Survival of Covenants and Representations. All covenants, ----------------------------------------- representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Disbursement Date, shall survive the closing and the delivery of this Agreement and the NotesNote.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Dateclosing, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the any Closing Date, shall will survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any other Note Documents and in any certificates delivered pursuant heretohereto or thereto, whether or not in connection with the Closing Date, shall survive the closing pursuant to this Agreement and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesSeries B Preferred Stock. All covenants made by the Company herein shall survive the closing and delivery of this Agreement and the Operative Documents in accordance with their respective terms.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company Constituent Companies herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein (including any Supplement) and in any certificates -45- delivered pursuant hereto, whether or not in connection with the a Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any other Note Documents and in any certificates delivered pursuant heretohereto or thereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by of the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement Agreement, the Note and the Notesother Financing Documents.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date or any Funding Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Execution Date or either of the Closing DateDates, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Execution Date or the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, ------------------------------------------------------ representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations C-4 48 and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesNote and the exercise of the Options by the Company.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Disbursement Date, shall survive the closing and the delivery of this Agreement and the NotesPromissory Note.

Survival of Covenants and Representations. All covenants, ----------------------------------------- representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the a Closing Date, shall survive the closing and the delivery of this Agreement Agreement, the Notes and the NotesWarrants.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, -33- 38 Penford Corporation Restatement and Exchange Agreement (1992 Note Agreements) whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company and you herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notesother Senior Subordinated Note Documents.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesNote and the exercise of the Option by the Company.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein (including any Supplement) and in any certificates delivered pursuant hereto, whether or not in connection with the a Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes. .

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes. Section 9.9.

Survival of Covenants and Representations. All covenants, ----------------------------------------- representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Dateclosing of the transactions herein contemplated, shall survive the such closing and the delivery of this Agreement and the NotesAgreement.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company Obligors herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing issuance of the Notes and the delivery of this Agreement and the NotesNotes and shall survive until all of the Notes are paid in full.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Dateclosing of the transactions herein contemplated, shall survive the such closing and the delivery of this Agreement and the NotesAgreement.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company Obligors herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any other Note Documents and in any certificates delivered pursuant heretohereto or thereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Initial Closing Date or the Additional Closing Date, shall survive the closing and the delivery of this Agreement and the NotesShares.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates certificate delivered pursuant hereto, whether or not in connection with the Closing Dateclosing, shall survive the closing and the delivery of this Agreement and the Notes. In addition, the right to take any action, including, without limitation, instituting any legal proceeding based upon any breach of the representations and warranties made by the Company herein, in the Notes, this Agreement and in any certificate delivered pursuant thereto, whether or not in connection with the closing, shall survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company and the Purchaser herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesDebentures.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesOperative Documents.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesNote, the purchase or transfer of the Note (or portion thereof or interest thereon) and the payment of any note, and may be relied upon by any subsequent holder.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company Borrower herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesNote.

Survival of Covenants and Representations. All covenants, representations and warranties made by of the Company and the Subsidiaries herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement Agreement, the Note and the Notesother Financing Documents. Notwithstanding anything in this Agreement implied by law to the contrary, the provisions of ss.8.3 and 8.4 shall survive the payment of the Note and the termination of this Agreement.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notes; provided, however, unless otherwise specified herein or therein, all such representations and warranties are deemed to be made on and as of the date made and shall not be deemed to have been made on and as of any subsequent date.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement Agreement, any Supplement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with made or delivered at the Closing DateClosing, shall survive the closing and the delivery of this Agreement and by the NotesCompany.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Effective Date or the Note Closing Date, shall survive the closing closings and the delivery of this Agreement and the Preferred Stock and Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesDebentures.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Effective Date, shall survive the closing closings and the delivery of this Agreement Amendment and the NotesRestatement.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesPreferred Stock.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, 38 Exhibit 4.1 whether or not in connection with the any Closing Date, shall will survive the closing and the delivery of this Agreement and the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Dateclosing, shall survive the closing and the delivery of this Agreement and the Notes. Sections 5.28, 9.1, 9.3, 9.4, 12.1 and 12.12 shall survive the payment in full of all the Notes.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the NotesClosing Date.

Survival of Covenants and Representations. All covenants, representations and warranties made by the Company herein and in any certificates delivered pursuant hereto, whether or not in connection with the Closing Date, shall survive the closing and the delivery of this Agreement and the Notesother Senior Subordinated Debt Documents.