Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Initial Purchasers or any agent, representative or controlling person thereof or by or on behalf of the Company, any Guarantor, any of the officers and directors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Notes to and by the Initial Purchasers. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(c) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Dyersburg Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, 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 Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of Company and the officers and directors Dyersburg Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: Dyersburg Corp
Survival of Representations and Agreements. All representations ------------------------------------------ and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Restricted Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: Purchase Agreement (Village at Breckenridge Acquisition Corp Inc)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 12(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, 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 Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of Company and the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series C Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c12(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof12.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Allied Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, 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 Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of Company and the officers and directors Allied Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Notes Securities to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: Registration Rights Agreement (Allied Holdings Inc)
Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of Company or the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: Purchase Agreement (Interep National Radio Sales Inc)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company Issuers and the Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of Issuers and the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: Purchase Agreement (Ects a Scenic Technology Co Inc)
Survival of Representations and Agreements. All ------------------------------------------ representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(g) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(g), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, Purchasers and the Company and the Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 10(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Initial Purchasers Purchaser or any agent, representative or controlling person thereof or by or on behalf of the Company, any Guarantor, any of the their officers and directors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c10(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 10 hereof.
Appears in 1 contract
Samples: Nationsrent Inc
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, 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 Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of Company and the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: Holmes Products Corp
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including including, but not limited to, the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 1 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: Wci Communities Inc
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: Homco Puerto Rico Inc
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f), 4(r) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Restricted Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: Vail Resorts Inc
Survival of Representations and Agreements. All representations ------------------------------------------ and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of an Initial Purchaser, any Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: Appleton Papers Inc/Wi
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial PurchasersPurchaser, the Company and the Guarantors contained in this Agreement, including including, but not limited to, the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchaser, any Initial Purchasers or any agent, representative or controlling person thereof thereof, or by or on behalf of the Company, any Guarantor, any of the officers and directors Guarantors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series A Notes to and by the Initial PurchasersPurchaser. The representations contained in Section 1 and the agreements contained in Sections 54(f), 76, 8 7 and 11(c11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Samples: 1 (Wci Capital Corp)