Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (Boston Gear LLC), Purchase Agreement (Edgen Corp), Purchase Agreement (TB Wood's INC)
Survival of Representations and Indemnities. The respective representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (Broadview Networks Holdings Inc), Purchase Agreement (Broadview Networks Holdings Inc), Purchase Agreement (Eschelon Telecom of California, Inc.)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Issuer, the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Edgen Louisiana CORP), Purchase Agreement (Edgen Murray PLC)
Survival of Representations and Indemnities. The respective representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of the Company Company, the Guarantors and the Guarantors Initial Purchasers set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Company, the Guarantors or the Initial PurchaserPurchasers, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement. Notwithstanding any termination of this Agreement, the Company shall remain liable for all expenses to the extent provided in Sections 5(f) and 8.
Appears in 2 contracts
Samples: Purchase Agreement (CPM Holdings, Inc.), Purchase Agreement (CPM Holdings, Inc.)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of the Company and the Guarantors Quo set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaserparties hereto, and (ii) acceptance of the NotesNotes and Warrants, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Network Cn Inc), Note and Warrant Purchase Agreement (Network Cn Inc)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaserparties hereto, and (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Notes Purchase Agreement (China Shen Zhou Mining & Resources, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of any of the Company Group Companies and the Guarantors Purchaser set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, Purchaser or any of the Group Companies and (ii) acceptance of the NotesSecurities, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (China Natural Gas, Inc.), Securities Purchase Agreement (China Natural Gas, Inc.)
Survival of Representations and Indemnities. The respective representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserUnderwriter, (ii) acceptance of the NotesShares, and payment payments for them hereunder, and (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Microvision Inc), Underwriting Agreement (Medicinova Inc)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of any of the Company Group Companies and the Guarantors Shareholder set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaserparties hereto, and (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Claymont Steel Holdings, Inc.), Purchase Agreement (American Rock Salt Co LLC)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of any of the Company Group Companies, the Controlling Shareholder and the Guarantors Purchaser set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, any of the Group Companies or the Controlling Shareholder, and (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors Subsidiary Guarantor set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserRepresentative, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The respective representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserUnderwriters, (ii) acceptance of the NotesShares, and payment payments for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless survive delivery of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the Notes, and payment for them the Notes sold hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserUnderwriter, (ii) acceptance of the NotesStock, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company Partnership and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserUnderwriters, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Dupont Fabros Technology, Inc.)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, Purchasers and (ii) acceptance of the NotesSecurities, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Hornbeck Offshore Services Inc /La)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of the Company Company, the Subsidiary Guarantor and the Guarantors Purchasers set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial any Purchaser, the Company or the Subsidiary Guarantor, and (ii) acceptance of the NotesSecurities, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The respective representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserUnderwriter, (ii) acceptance of the NotesShares and the Warrants, and payment payments for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of any of the Company and the Guarantors Material Subsidiaries set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaserparties hereto, and (ii) acceptance of the NotesNotes and/or any Registrable Securities, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the any Initial Purchaser, (ii) acceptance of the NotesOffered Securities, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (FiberTower CORP)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of the Company and the Guarantors Holders set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserHolders or the Company, and (ii) acceptance of the NotesNote and Warrants, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Xinyuan Real Estate Co., Ltd.)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of any of the Company Group Companies and the Guarantors Controlling Shareholders set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaserparties hereto, and (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company Co-Issuers and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The respective representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserUnderwriter, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors Parties set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserPurchasers, (ii) acceptance of the Regulation S Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors Initial Purchasers set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survivesurvive delivery of and payment for the Notes, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserPurchasers, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company Issuers and the Subsidiary Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and Company, the Guarantors and Initial Purchaser set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Verrazano,inc.)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserPurchasers, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of any of the Company and the Guarantors Group Companies set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survivesurvive until the full and final satisfaction and discharge of the Notes Obligations, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaserparties hereto, and (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Yingli Green Energy Holding Co LTD)
Survival of Representations and Indemnities. The respective representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the Notes, Notes and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors Frontline set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survivesurvive delivery of and payment for the Notes, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserPurchasers, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Ship Finance International LTD)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of any of the Company Group Companies and the Guarantors Consigning Shareholders set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survivesurvive until the full and final satisfaction and discharge of the Notes Obligations, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaserparties hereto, and (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The respective representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserPurchasers, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserPurchasers, (ii) acceptance of the NotesSecurities, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The respective representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, (ii) acceptance of the NotesNotes or the Offered Shares, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Dune Energy Inc)
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors Subsidiary Guarantor set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserPurchasers, (ii) acceptance of the Notes, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties of the Company and the Guarantors set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial Purchaser, Purchaser and (ii) acceptance of the NotesSecurities, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Survival of Representations and Indemnities. The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements, representations and warranties agreements of any of the Company Group Companies and the Guarantors Purchaser set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of the Initial PurchaserPurchaser or any of the Group Companies, and (ii) acceptance of the NotesSecurities, and payment for them hereunder, and (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Hi-Tech Wealth Inc.)