Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 2 contracts
Samples: Purchase Agreement (Orbital Imaging Corp), Purchase Agreement (Orbital Imaging Corp)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and the Company Issuers contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d)Section 4, the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the any Initial Purchasers, Purchaser or any controlling person thereof, thereof or by or on behalf of the Company Issuers, any of their officers and directors or any controlling person thereof, and shall survive delivery of and any payment for the Units Notes to and by the several Initial Purchasers. The representations contained in Section 5 1 and the agreements contained in Sections 4(f)4, 6, 6 and 7 and 11(d) hereof shall survive the termination of this Agreement, Agreement including any termination pursuant to Section 1110 hereof.
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Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchasers or any controlling person thereof, thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units Series F Preferred Stock (and the related Depositary Shares) to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Samples: Share Purchase Agreement (Intermedia Communications Inc)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and CAIC, the Company and the Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the an Initial PurchasersPurchaser, any controlling person thereof, or by or on behalf of the Company Company, or any controlling person thereof, and shall survive delivery of and payment for the Units Initial Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Samples: Agreement (B2 Direct, Inc.)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(dSection 12(d), the indemnity agreements contained in Section 6 7 and the contribution agreements contained in Section 78, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company Company, or any controlling person thereof, and shall survive delivery of and payment for the Units Notes to and by the Initial Purchasers. The representations contained in Section 5 6 and the agreements contained in Sections 4(f)7, 6, 7 8 and 11(d12(d) shall survive the termination of this Agreement, including any termination pursuant to Section 1112.
Appears in 1 contract
Samples: Letter Agreement (Scottish Annuity & Life Holdings LTD)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f3(e) and 11(d10(d), the indemnity agreements contained in Section 6 5 and the contribution agreements contained in Section 7, 6 shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchaser or any controlling person thereof, thereof or by or on behalf of the Company Company, any of the Subsidiary Guarantors or any controlling person of any thereof, and shall survive delivery of and payment for the Units Notes to and by the Initial PurchasersPurchaser. The representations contained in Section 5 4 and the agreements contained in Sections 4(f3(e), 5, 6, 7 10(d) and 11(d) 13 shall survive the termination of this Agreement, including any termination pursuant to Section 11Sections 7 and 10.
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Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Subsidiary Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d12(d), the indemnity agreements contained in Section 6 7 and the contribution agreements contained in Section 78, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchasers or any controlling person thereof, thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units to and by the Initial Purchasers. The representations contained in Section Sections 5 and 6 and the agreements contained in Sections 4(f), 67, 7 8 and 11(d12(d) shall survive the termination of this Agreement, including any termination pursuant to Section 1112.
Appears in 1 contract
Samples: Onepoint Communications Corp /De
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f4(g) and 11(d12(d), the indemnity agreements contained in Section 6 7 and the contribution agreements contained in Section 78, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units Notes to and by the Initial Purchasers. The representations contained in Section Sections 5 and 6 and the agreements contained in Sections 4(f4(g), 67, 7 8 and 11(d12(d) shall survive the termination of this Agreement, including any termination pursuant to Section 1112.
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Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchasers any controlling person thereof, thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Samples: MGC Communications Inc
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Samples: Orbital Imaging Corp
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers Purchaser and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchaser or any controlling person thereof, thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units Series C Notes to and by the Initial PurchasersPurchaser. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Samples: Option Agreement (Mmi Products Inc)
Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchasers or any controlling person thereof, thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units Series D Preferred Stock (and the related Depositary Shares) to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Samples: Purchase Agreement (Intermedia Communications of Florida Inc)
Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the acknowledgement contained in Section 9, the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchasers or any controlling person thereof, thereof or by or on behalf of the Company Issuer or any controlling person thereof, and shall survive delivery of and payment for the Units Original Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 7, 9 and 11(d) shall survive the termination of this Agreement, including any a termination pursuant to Section 11.
Appears in 1 contract
Samples: Entravision Communications Corp
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f3(f) and 11(d10(d), the indemnity agreements contained in Section 6 5 and the contribution agreements contained in Section 7, 6 shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchasers or any controlling person thereof, thereof or by or on behalf of the Company Issuer, any of the Subsidiary Guarantors or any controlling person of any thereof, and shall survive delivery of and payment for the Units Notes to and by the Initial Purchasers. The representations contained in Section 5 4 and the agreements contained in Sections 4(f3(f), 5, 6, 7 9, 10(d), 13, 14 and 11(d) 15 shall survive the termination of this Agreement, including any termination pursuant to Section 11Sections 7 and 10.
Appears in 1 contract
Samples: Pool Energy Services Co
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Units Restricted Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Samples: GHTV Inc
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchasers or any controlling person thereof, thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers Purchaser, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) 4.6 and 11(d)11.4, the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial PurchasersPurchaser, any controlling person thereof, or by or on behalf of the Company and the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Units to and by the Initial PurchasersPurchaser. The representations contained in Section 5 and the agreements contained in Sections 4(f)4.6, 6, 7 and 11(d) 11.4 shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Samples: Telehub Communications Corp
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers Purchaser and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchaser or any controlling person thereof, thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units Series A Notes to and by the Initial PurchasersPurchaser. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers you and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d)Section 4, the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, you or any controlling person thereof, thereof or by or on behalf of the Company Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and any payment for the Units Securities to and by the Initial Purchasersyou. The representations contained in Section 5 1 and the agreements contained in Sections 4(f)4, 6, 7 and 11(d10(c) hereof shall survive the termination of this Agreement, Agreement including any termination pursuant to Section 1110 hereof.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f3(g) and 11(d10(d), the indemnity agreements contained in Section 6 5 and the contribution agreements contained in Section 7, 6 shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchasers or any controlling person thereof, thereof or by or on behalf of the Company Company, any of the Guarantors or any controlling person of any thereof, and shall survive delivery of and payment for the Units Notes to and by the Initial Purchasers. The representations contained in Section 5 4 and the agreements contained in Sections 4(f3(g), 5, 6, 7 10(d) and 11(d) 13 shall survive the termination of this Agreement, including any termination pursuant to Section 11Sections 7 and 10.
Appears in 1 contract
Samples: Beazer Homes Texas Lp
Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, Purchasers or any controlling person thereof, thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Units Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.
Appears in 1 contract
Samples: Covad Communications Group Inc