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.
Appears in 17 contracts
Samples: Note Agreement (AbitibiBowater Inc.), Cabela’s Incorporated (Cabelas Inc), Note Agreement (Connecticut Water Service Inc / Ct)
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.
Appears in 11 contracts
Samples: Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp)
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.
Appears in 7 contracts
Samples: Convertible Subordinated Note Agreement (Senorx Inc), Convertible Subordinated Note Agreement (Abbott Laboratories), Note Agreement (Standard Management Corp)
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.
Appears in 3 contracts
Samples: Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc)
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.
Appears in 2 contracts
Samples: Note Agreement (Nash Finch Co), Note Agreement (Nash Finch Co)
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.
Appears in 2 contracts
Samples: Note Agreement (Soy Environmental Products Inc), Note Agreement (Solpower Corp)
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.
Appears in 2 contracts
Samples: Note Purchase Agreement (Kmart Corp), Note Purchase Agreement (Kmart Corp)
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.
Appears in 2 contracts
Samples: Debenture Purchase Agreement (Teltronics Inc), Preferred Stock Purchase Agreement (Teltronics Inc)
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.
Appears in 2 contracts
Samples: Agreement (Unitog Co), Unitog Co
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.
Appears in 2 contracts
Samples: Guaranty Agreement (Universal Forest Products Inc), Guaranty Agreement (Universal Forest Products Inc)
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.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
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.
Appears in 1 contract
Samples: Note Agreement (CPS Systems Inc)
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.
Appears in 1 contract
Samples: Note Agreement (Fuller H B Co)
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.
Appears in 1 contract
Samples: Note Agreement (Semco Energy Inc)
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.
Appears in 1 contract
Samples: Note Agreement (Professional Lease Management Income Fund I LLC)
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.
Appears in 1 contract
Samples: Note Agreement (SJW Corp)
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.
Appears in 1 contract
Samples: U S Rentals Inc
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Purchase Agreement (Worldcorp Inc)
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.
Appears in 1 contract
Samples: Penford Corp
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.
Appears in 1 contract
Samples: Note Agreement (Spartan Stores Inc)
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
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. .
Appears in 1 contract
Samples: Carter Wallace Inc /De/
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Zoltek Companies Inc)
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Securities Purchase Agreement (International Menu Solutions Corp)
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.
Appears in 1 contract
Samples: Note Agreement (Quad/Graphics, Inc.)
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.
Appears in 1 contract
Samples: Kmart Corp
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Cover All Technologies Inc)
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.
Appears in 1 contract
Samples: Nexell Therapeutics Inc
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Credit and Security Agreement (Computer Outsourcing Services Inc)
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.
Appears in 1 contract
Samples: Note and Security Agreement (Siemann Educational Systems Inc)
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.
Appears in 1 contract
Samples: Financial Federal Corp
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Stock Purchase Agreement (Everest Medical Corporation)
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.
Appears in 1 contract
Samples: Petroleum Heat & Power Co Inc
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.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Environmental Tectonics Corp)
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Eagle Pacific Industries Inc/Mn)
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Note Purchase Agreement (National Auto Finance Co Inc)
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.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Environmental Tectonics Corp)
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.
Appears in 1 contract
Samples: Note Purchase Agreement (Panther Expedited Services, Inc.)