Survival of Representations and Warranties and Certain Obligations. All covenants, agreements, representations and warranties made by the Borrowers herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Bank and shall survive the execution and delivery of any Loan Document and the making of any Loan, regardless of any investigation made by the Bank or on its behalf and notwithstanding that the Bank may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under the Loan Documents is outstanding and unpaid. The provisions of Sections 2.10, 2.11, 8.5 and 8.7 shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans and the termination of the Commitment or the termination of this Agreement or any provision hereof.
Appears in 2 contracts
Samples: Second Term Loan Agreement (ONE Group Hospitality, Inc.), Security Agreement (COMMITTED CAPITAL ACQUISITION Corp)
Survival of Representations and Warranties and Certain Obligations. All covenants, agreements, representations and warranties made by the Borrowers herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Bank and shall survive the execution and delivery of any the Loan Document and the making of any the Loan, regardless of any investigation made by the Bank or on its behalf and notwithstanding that the Bank may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any the Loan or any fee or any other amount payable under the Loan Documents is outstanding and unpaid. The provisions of Sections 2.10, 2.11, 8.5 and 8.7 shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans Loan and the termination of the Commitment or the termination of this Agreement or any provision hereof.
Appears in 2 contracts
Samples: Security Agreement (ONE Group Hospitality, Inc.), Security Agreement (ONE Group Hospitality, Inc.)
Survival of Representations and Warranties and Certain Obligations. All covenants, agreements, representations and warranties made by the Borrowers Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Bank and shall survive the execution and delivery of any Loan Document and the making of any Loan, regardless of any investigation made by the Bank or on its behalf and notwithstanding that the Bank may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under the Loan Documents is outstanding and unpaidunpaid and so long as the Revolving Loan or the Line of Credit Loan has not expired or terminated. The provisions of Sections 2.103.4, 2.113.5, 8.5 3.6 and 8.7 9.5 shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans and the termination of the Commitment Revolving Loan, the Line of Credit Loan or the termination of this Agreement or any provision hereof.
Appears in 1 contract
Samples: Credit Agreement (Lincoln Educational Services Corp)
Survival of Representations and Warranties and Certain Obligations. All covenants, agreements, representations and warranties made by the Borrowers Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Bank and shall survive the execution and delivery of any Loan Document and the making of any Loan, regardless of any investigation made by the Bank or on its behalf and notwithstanding that the Bank may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under the Loan Documents is outstanding and unpaidunpaid and so long as the Term Loan has not expired or terminated. The provisions of Sections 2.103.4, 2.113.5, 8.5 3.6 and 8.7 9.5 shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans Term Loan and the termination of the Commitment Term Loan or the termination of this Agreement or any provision hereof.
Appears in 1 contract
Samples: Credit Agreement (Lincoln Educational Services Corp)
Survival of Representations and Warranties and Certain Obligations. All covenants, agreements, representations and warranties made by the Borrowers Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Bank and shall survive the execution and delivery of any Loan Document and the making of any Loan, regardless of any investigation made by the Bank or on its behalf and notwithstanding that the Bank may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under the Loan Documents is outstanding and unpaidunpaid and so long as the Term Loan has not expired or terminated. The provisions of Sections 2.103.4, 2.113.5, 8.5 3.6 and 8.7 9.5 shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans Term Loan and the termination of the Commitment Term Loan or the termination of this Agreement or any provision hereof.. 37 Section 9.5
Appears in 1 contract
Samples: Credit Agreement Credit Agreement
Survival of Representations and Warranties and Certain Obligations. All covenants, agreements, representations and warranties made by the Borrowers Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Bank and shall survive the execution and delivery of any Loan Document and the making of any Loan, regardless of any investigation made by the Bank or on its behalf and notwithstanding that the Bank may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under the Loan Documents is outstanding and unpaidunpaid and so long as the Revolving Facility has not expired or terminated. The provisions of Sections 2.103.4, 2.113.5, 8.5 3.6 and 8.7 9.5 shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans and the termination of the Commitment Revolving Facility or the termination of this Agreement or any provision hereof.
Appears in 1 contract
Samples: Credit Agreement (Lincoln Educational Services Corp)