Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties or the rights of Agent, Co-Collateral Agents, L/C Issuers and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit Parties, and all rights of Agent, each Co-Collateral Agent, L/C Issuers and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; provided, that the payment obligations under Sections 2.13 and 2.14, and the indemnities contained in the Loan Documents shall survive the Termination Date.
Appears in 6 contracts
Samples: Revolving Loan Credit Agreement (XPO, Inc.), Revolving Loan Credit Agreement (XPO Logistics, Inc.), Revolving Loan Credit Agreement (XPO Logistics, Inc.)
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties or the rights of Agent, Co-Collateral the Agents, L/C Issuers the Lenders and Lenders the Fronting Lender relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit Parties, and all rights of each Agent, each Co-Collateral Agent, L/C Issuers Lender and each the Fronting Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; provided, that the provisions of Section 11, the payment obligations under Sections 2.13 1.16 and 2.141.17, and the indemnities contained in the Loan Documents shall survive the Termination Date.
Appears in 2 contracts
Samples: Credit Agreement (Sothebys), Credit Agreement (Sothebys)
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties Borrower and its Subsidiaries or the rights of Agent, Co-Collateral Agents, L/C Issuers Agent and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit PartiesBorrower and its Subsidiaries, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Agent and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; providedprovided however, that in all events the provisions of Section 11, the payment obligations under Sections 2.13 1.12 and 2.141.13, and the indemnities contained in the Loan Documents shall survive the Termination Date.
Appears in 2 contracts
Samples: Credit Agreement (American Physician Partners Inc), Credit Agreement (Radiologix Inc)
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties Borrower or the Guarantor, or the rights of AgentAdministrative Agent and Lenders, Co-Collateral Agents, L/C Issuers and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit PartiesBorrower and Guarantor, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Administrative Agent and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; providedprovided however, that in all events the provisions of Section 12, the payment obligations under Sections 2.13 2.12 and 2.142.13, and the indemnities contained in the Loan Documents shall survive the Termination Date.
Appears in 1 contract
Samples: Credit Agreement (Presstek Inc /De/)
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties or the rights of Agent, Co-Collateral Agents, L/C Issuers Agent and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the later of (i) the Acquisition Commitment Termination Date, (ii) the Revolving Commitment Termination Date and (iii) the latest maturity date of the Acquisition Loans. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit Parties, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Agent and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; provided, that the provisions of Section 11, the payment obligations under Sections 2.13 1.14 and 2.141.15, and the indemnities contained in the Loan Documents shall survive the Termination Date.
Appears in 1 contract
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties Borrowers or the rights of Agent, Co-Collateral Agents, L/C Issuers Administrative Agent and Lenders relating to any unpaid portion of the Loans Revolving Credit Loan, Term Loan C or any other ObligationsObligation, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon Holdings, Borrowers, the Credit PartiesSubsidiaries and the Partners, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Administrative Agent and each Lender, all as contained in the Loan Documents, Documents shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until such time as all of the Termination Date; provided, that Obligations have been paid in full in accordance with the payment obligations under Sections 2.13 and 2.14, and the indemnities contained in terms of the Loan Documents shall survive creating such Obligations and the Termination DateCommitments have been terminated.
Appears in 1 contract
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties or the rights of Agent, Co-Collateral Agents, L/C Issuers the Agents and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Revolving Loan Commitment Termination Date or Term Maturity Date, as applicable. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit Parties, and all rights of Agent, each Co-Collateral Agent, L/C Issuers the Agents and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; provided, that the provisions of Section 12, the payment obligations under Sections 2.13 and 2.14, and the indemnities contained in the Loan Documents shall survive the Termination Date.
Appears in 1 contract
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties or the rights of Agent, Co-Collateral Agents, L/C Issuers Agent and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit Parties, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Agent and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; providedprovided however, that in all events the provisions of SECTION 11, the payment obligations under Sections 2.13 SECTIONS 1.15 and 2.141.16, and the indemnities contained in the Loan Documents shall survive the Termination Date.. [EXECUTION VERSION]
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Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the New Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under term, condition, covenant or provision of this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Borrower or the Credit Parties or the rights of Agent, Co-Collateral Agents, L/C Issuers and Lenders Lender relating to any unpaid portion of the Loans New Loan or any other Obligations, due or not due, liquidated, contingent or unliquidated, or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Maturity Date. Except as otherwise expressly provided herein or in any other New Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Borrower and the Credit Parties, and all rights of Agent, each Co-Collateral Agent, L/C Issuers and each Lender, all as contained in the New Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; provided, that the provisions of Section 13 (Miscellaneous), the payment obligations under Sections 2.13 Article 1 (Amount and 2.14Terms of New Loan), and the indemnities contained in the New Loan Documents shall survive the Termination Maturity Date.
Appears in 1 contract
Samples: Credit Agreement (Integrated Healthcare Holdings Inc)
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedureprocedure or by application of Section 1.12(d)) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties or the rights of Agent, Co-Collateral Agents, L/C Issuers Agents and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Term Loan Maturity Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit Parties, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Agents and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; provided, that the provisions of Section 11, the payment obligations under Sections 2.13 1.11 and 2.141.12, and the indemnities contained in the Loan Documents shall survive the Termination Date.
Appears in 1 contract
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties Borrower or the rights of Agent, Co-Collateral Agents, L/C Issuers Agent and Lenders relating to any unpaid portion of the Loans Revolving Credit Loan, the Term Loan, the Capital Expenditure Loan, the Letter of Credit Obligations or any other ObligationsObligation, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is not required until after the Commitment Termination Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit PartiesBorrower, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Agent and each LenderLenders, all as contained in the Loan Documents, Documents shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until such time as the Termination Date; providedRevolving Credit Loan, that the payment obligations under Sections 2.13 Term Loan, the Capital Expenditure Loan, the Letter of Credit Obligations and 2.14, and all of the indemnities contained other Obligations have been indefeasibly paid in full in accordance with the Loan Documents shall survive terms of the Termination Dateagreements creating such Obligations.
Appears in 1 contract
Samples: Credit Agreement (Artra Group Inc)
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties Co-Borrowers or the rights of Administrative Agent, Co-Collateral Agents, L/C Issuers Documentation Agent and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Date or Termination Date, as applicable. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit PartiesCo-Borrowers, and all rights of Administrative Agent, each Co-Collateral Agent, L/C Issuers Documentation Agent and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until and in all events the Termination Date; provided, that the payment obligations under Sections 2.13 and 2.14provisions of Section 10, and the indemnities contained in the Loan Documents shall survive the Termination Date.
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Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedureprocedure or by application of Section 1.12(d) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties or the rights of Agent, Co-Collateral Agents, L/C Issuers Agents and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Term Loans Maturity Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit Parties, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Agents and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; provided, that the provisions of Section 11, the payment obligations under Sections 2.13 1.11 and 2.141.12, and the indemnities contained in the Loan Documents shall survive the Termination Date.
Appears in 1 contract
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties Borrower or the rights of Agent, Co-Collateral Agents, L/C Issuers Agent and Lenders relating to any unpaid portion of the Loans Revolving Credit Loan, the Term Loans, the Letter of Credit Obligations or any other ObligationsObligation, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is not required until after the Commitment Termination Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit PartiesBorrower, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Agent and each LenderLenders, all as contained in the Loan Documents, Documents shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until such time as the Termination Date; providedRevolving Credit Loan, that the payment obligations under Sections 2.13 Term Loans, the Letter of Credit Obligations and 2.14, and all of the indemnities contained other Obligations have been indefeasibly paid in full in accordance with the Loan Documents shall survive terms of the Termination Dateagreements creating such Obligations.
Appears in 1 contract
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties or the rights of Agent, Co-Collateral Agents, L/C Issuers Revolving Credit Agent and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit Parties, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Revolving Credit Agent and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; providedPROVIDED, that the provisions of SECTION 11, the payment obligations under Sections 2.13 SECTIONS 1.15 and 2.141.16, and the indemnities contained in the Loan Documents shall survive the Termination Date.
Appears in 1 contract
Survival of Obligations Upon Termination of Financing Arrangements. Except as otherwise expressly provided for in the Loan Documents, no termination or cancellation (regardless of cause or procedure) of any financing arrangement under this Agreement shall in any way affect or impair the obligations, duties and liabilities of the Credit Parties Borrower or the Guarantors, or the rights of AgentAdministrative Agent and Lenders, Co-Collateral Agents, L/C Issuers and Lenders relating to any unpaid portion of the Loans or any other Obligations, due or not due, liquidated, contingent or unliquidated, unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Commitment Termination Date. Except as otherwise expressly provided herein or in any other Loan Document, all undertakings, agreements, covenants, warranties and representations of or binding upon the Credit PartiesBorrower and Guarantors, and all rights of Agent, each Co-Collateral Agent, L/C Issuers Administrative Agent and each Lender, all as contained in the Loan Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date; providedprovided however, that in all events the provisions of Section 12, the payment obligations under Sections 2.13 2.12 and 2.142.13, and the indemnities contained in the Loan Documents shall survive the Termination Date.
Appears in 1 contract
Samples: Credit Agreement (Presstek Inc /De/)