Common use of Survival of Representations and Warranties, Etc Clause in Contracts

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 38 contracts

Samples: Incremental Term Loan Agreement (Corrections Corp of America), Credit Agreement (Belk Inc), Credit Agreement (Corrections Corp of America)

AutoNDA by SimpleDocs

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 28 contracts

Samples: Credit Agreement (Pool Corp), Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 13 contracts

Samples: Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Delta Tucker Holdings, Inc.)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificatecertificate delivered in connection with this Agreement, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date)Date, shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 11 contracts

Samples: Five Year Credit Agreement (Jones Apparel Group Inc), Five Year Credit Agreement (Jones Apparel Group Inc), Five Year Credit Agreement (Jones Apparel Group Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificatecertificate related hereto, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are unless expressly made as of a specific relating to any earlier date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 8 contracts

Samples: Term Loan Credit Agreement (Equifax Inc), Term Loan Credit Agreement (Equifax Inc), Credit Agreement (Equifax Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date and shall survive the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date ) and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 8 contracts

Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 6 contracts

Samples: Credit Agreement (Ikon Office Solutions Inc), Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Compx International Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or the Administrative Agent or any borrowing Extension of Credit hereunder.

Appears in 5 contracts

Samples: Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Blackbaud Inc), Credit Agreement (Lmi Aerospace Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement and the other Loan Documents shall be made or deemed to be made at and as of the Closing Agreement Date (except those that are expressly made and at and as of the date of each Advance and each Letter of Credit, and each shall be true and correct when made, except to the extent (a) previously fulfilled in accordance with the terms hereof, (b) applicable to a specific date)date or otherwise subsequently inapplicable, or (c) previously waived in writing by the Determining Lenders with respect to any particular factual circumstance. All such representations and warranties shall survive the Closing Date survive, and shall not be waived by by, the execution and delivery of this Agreementhereof by any Lender, any investigation made or inquiry by any Lender, or on behalf by the making of the Lenders or any borrowing hereunderAdvance under this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (Clear Channel Communications Inc), Credit Agreement (Clear Channel Communications Inc), Credit Agreement (Texas Industries Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 4 contracts

Samples: Credit Agreement (G&k Services Inc), Credit Agreement (Veridian Corp), Credit Agreement (Veridian Corp)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing Extension of Credit hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificatecertificate provided by or on behalf of any Credit Party, or any of the Loan Documents (including, but not limited to, including in any such representation or warranty amendments made in or in connection with writing to any amendment theretoLoan Documents) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Restatement Date (except those that are expressly made as of a specific date), shall survive the Closing Restatement Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Aci Worldwide, Inc.), Amendment Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI 8 and all representations and warranties contained in any certificate, or in any of the other Loan Documents (including, but not limited to, including any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date and the date of each Extension of Credit hereunder (except those that are expressly made as of a another specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 3 contracts

Samples: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificatecertificate delivered pursuant to this Agreement, or in any of the Loan Documents (including, but not limited to, including any such representation or warranty made in in, or in connection with with, any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement Agreement: (i) shall be made or deemed to be made at and as of the Closing Date date hereof, (except those that are expressly made as of a specific date), shall ii) survive the Closing Date closing of the Loan and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders Lender or any borrowing the making of the Loan hereunder, and (iii) shall be made or deemed to be made at and as of the date of each request to the Lender for a Future Tranche.

Appears in 2 contracts

Samples: Loan and Security Agreement (Griffin Land & Nurseries Inc), Loan and Security Agreement (Griffin Land & Nurseries Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties of the Borrowers or any of their respective Subsidiaries contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date)Date, shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this AgreementAgreement and any other Loan Document shall be deemed to be made, and shall be true and correct in all material respects (provided that if any representation or warranty already includes a materiality or material adverse change qualifier, such representation or warranty shall be true and correct in all respects) at and as of the Closing Date and on each Drawdown Date, except to the extent relating specifically to the Closing Date or any other particular date expressly set forth above. All representations and warranties made under this Agreement and the other Loan Documents shall be made or deemed to be made at survive, and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by, the execution hereof by the execution and delivery of this AgreementLender, any investigation made or inquiry by the Lender or on behalf the making of the Lenders or any borrowing hereunderLoan under this Agreement.

Appears in 2 contracts

Samples: Term Loan Agreement (Sunshine Silver Mining & Refining Corp), Term Loan Agreement (Sunshine Silver Mining & Refining Corp)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties statements contained in any certificate, financial statement or other instrument delivered by or on behalf of the Borrower pursuant to or in connection with this Agreement or any of the Loan Documents (including, but not limited to, including any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made date hereof and as of a specific date)the date of the making of each Advance of the Loan. All representations and warranties made under this Agreement shall survive, shall survive the Closing Date and shall not be waived by by, the execution and delivery of this AgreementAgreement or any other Loan Document, any investigation made or inquiry by the Lender, or on behalf of by making the Lenders or any borrowing hereunderLoan under this Agreement.

Appears in 2 contracts

Samples: Loan Agreement (K-Sea Transportation Partners Lp), Loan Agreement (K-Sea Transportation Partners Lp)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificatecertificate delivered pursuant to this Agreement, or in any of the Loan Documents (including, but not limited to, including any such representation or warranty made in in, or in connection with with, any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement Agreement: (i) shall be made or deemed to be made at and as of the Closing Date date hereof, and (except those that are expressly made as of a specific date), shall ii) survive the Closing Date closing of the Loan and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders Lender or any borrowing the making of the Loan hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Griffin Industrial Realty, Inc.), Loan and Security Agreement (Griffin Industrial Realty, Inc.)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder. Such representations and warranties shall terminate when all the Obligations have been paid and satisfied in full and the Revolving Credit Commitment terminated.

Appears in 2 contracts

Samples: Credit Agreement (Tekelec), Credit Agreement (Tekelec)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties of the Borrower and its Subsidiaries contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date)Date, shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Insignia Esg Holdings Inc), Credit Agreement (Rare Hospitality International Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI IV and all representations and warranties contained in any certificate, certificate or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Landrys Restaurants Inc), First Lien Credit Agreement (Landrys Restaurants Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificatecertificate related hereto, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are unless expressly made as of a specific relating to any earlier date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Equifax Inc), Credit Agreement (Equifax Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date (or such other date required hereunder) and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Res Care Inc /Ky/), Credit Agreement (ResCare Finance, Inc.)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.. -

Appears in 2 contracts

Samples: Tenth Amendment and Waiver (AbitibiBowater Inc.), Credit Agreement (Bowater Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties statements contained in any certificate, financial statement or other instrument delivered by or on behalf of the Borrower pursuant to or in connection with this Agreement or any of the Loan Documents (including, but not limited to, including any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made date hereof and as of a specific date)the date of the making of the Loan. All representations and warranties made under this Agreement shall survive, shall survive the Closing Date and shall not be waived by by, the execution and delivery of this AgreementAgreement or any other Loan Document, any investigation made or inquiry by the Lender, or on behalf of by making the Lenders or any borrowing hereunderLoan under this Agreement.

Appears in 1 contract

Samples: Loan Agreement (K-Sea Transportation Partners Lp)

AutoNDA by SimpleDocs

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI Section 4 and all representations and warranties contained in any certificate, certificate or any of the other Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly and each day on which any Loan is requested or made as of a specific date)by the Lender hereunder, shall survive the Closing Date Date, and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders Lender or any borrowing extension of credit hereunder.

Appears in 1 contract

Samples: Loan Agreement (Plug Power Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificatecertificate delivered to the Administrative Agent or any Lender hereunder, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date)Date, shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 1 contract

Samples: Credit Agreement (Gt Interactive Software Corp)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.. ARTICLE VIII

Appears in 1 contract

Samples: Credit Agreement (Digital Generation Systems Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificatecertificate provided by or on behalf of any Credit Party, or any of the Loan Documents (including, but not limited to, including in any such representation or warranty amendments made in or in connection with writing to any amendment theretoLoan Documents) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 1 contract

Samples: Credit Agreement (Broadview Networks Holdings Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, VII or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date, in which case they shall be made solely as of such specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 1 contract

Samples: Credit Agreement (Cross Country Healthcare Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Original Closing Date (except those that are expressly made as of a specific date), shall survive the Original Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 1 contract

Samples: Credit Agreement (Veridian Corp)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in (a) any certificatecertificate delivered hereunder or under any other Revolving Loan Document, or (b) any of the other Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 1 contract

Samples: Credit Agreement (Cott Corp /Cn/)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date and shall survive the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date ) and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.. CHL:40759.7

Appears in 1 contract

Samples: Credit Agreement (Family Dollar Stores Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VIII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at on and as of the Closing Date (except those that are expressly made as of a specific date)Date, shall survive the Closing Date Date, shall be reasserted as provided in Section 7.3, and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder. Such representations and warranties shall terminate when all the Obligations have been paid and satisfied in full and all Commitments hereunder have terminated.

Appears in 1 contract

Samples: Credit Agreement (Hickory Tech Corp)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders Lender or any borrowing hereunder.

Appears in 1 contract

Samples: Credit Agreement (Compx International Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI 6 and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 1 contract

Samples: Credit Agreement (Rare Hospitality International Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as and the date of a specific date)any borrowing or issuance hereunder, shall survive the Closing Date and the date of any such borrowing or issuance and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders Agreement or any borrowing or issuance hereunder.

Appears in 1 contract

Samples: Credit Agreement (Planvista Corp)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or the provision of any borrowing Construction Loan Facility hereunder.

Appears in 1 contract

Samples: Commitment Agreement (Medcath Corp)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), and shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or the Administrative Agent or any borrowing Extension of Credit hereunder.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents LOAN DOCUMENTS (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this AgreementAGREEMENT. All representations and warranties made under this Agreement AGREEMENT shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date)CLOSING DATE, shall survive the Closing Date CLOSING DATE and shall not be waived by the execution and delivery of this AgreementAGREEMENT, any investigation made by or on behalf of the Lenders LENDERS or any borrowing hereunder.

Appears in 1 contract

Samples: Credit Agreement (Unc Inc)

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at on and as of the Closing Date (except those that are expressly made as of a specific date)Date, shall survive the Closing Date Date, shall be reasserted as provided in Section 6.3, and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Appears in 1 contract

Samples: Credit Agreement (Hickory Tech Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!