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

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase is effectuated pursuant to Section 2.13 and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction), except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the Loans.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Term Loan Effective Date, the Revolving Credit Effective Date, the date on which any Commitment Increase extension of the Revolving Credit Maturity Date is effectuated pursuant to Section 2.13 2.14., the date on which any increase of the Revolving Credit Commitments or any Additional Term Loan Advance is effectuated pursuant to Section 2.17. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a unless such representation or and warranty is qualified by materiality, in which case event such representation or and warranty shall have been true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by under the applicable Lenders in accordance with Section 13.6Loan Documents. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All statements contained in any certificate, financial statement or other instrument delivered by or on behalf of any Loan Party or any other Subsidiary to the Administrative Agent or any Lender pursuant to or in connection with this Agreement or any of the other Loan Documents (including, but not limited to, any such statement made in or in connection with any amendment thereto) shall constitute representations and warranties made by the Borrower under this Agreement. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase increase of the Commitments is effectuated pursuant to Section 2.13 2.17 and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6hereunder. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Existing Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Revolving Termination Date is effectuated pursuant to Section 2.13 2.14., the date on which any increase of the Tranche 1 Revolving Commitments is effectuated pursuant to Section 2.17. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, and the date on which any Commitment Increase extension of the Revolving Termination Date and/or Term Loan Maturity Date is effectuated pursuant to Section 2.13 2.12., the date on which any increase of the Revolving Commitments is effectuated pursuant to Section 2.14., and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances expressly and specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6hereunder. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Revolving Termination Date is effectuated pursuant to Section 2.13 2.14., the date on which any increase of the Revolving Commitments or the making of Additional Term Loans is effectuated pursuant to Section 2.17. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6hereunder. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Revolving Loan Termination Date is effectuated pursuant to Section 2.13 and at 2.14, the date on which any increase of the Revolving Commitments is effectuated pursuant to Section 2.17 and as of the date of the occurrence of each Credit Event described in clause (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)a) or (g) of the definition thereof, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6hereunder. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Revolving Termination Date is effectuated pursuant to Section 2.13 2.14., the date on which any increase of the Tranche 1 Revolving Commitments is effectuated pursuant to Section 2.17. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any extension of the Maturity Date of any Class is effectuated pursuant to Section 2.14., the date on which any Commitment Increase is effectuated pursuant to Section 2.13 2.17., and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the Loans.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Revolving Termination Date is effectuated pursuant to Section 2.13 2.14., the date on which any increase of the Revolving Commitments is effectuated pursuant to Section 2.17. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at on and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Revolving Termination Date is effectuated pursuant to Section 2.13 2.14., the date on which any increase of the Revolving Commitments is effectuated or Additional Term Loans are made pursuant to Section 2.19. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances expressly and specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6hereunder. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Termination Date is effectuated pursuant to Section 2.13 2.14., the date on which any Incremental Facility is effectuated pursuant to Section 2.17. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided other than a Continuation or Conversion described in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transactionclauses (b) and (c) of the definition of “Credit Event”), except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by under the applicable Lenders in accordance with Section 13.6Loan Documents. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at on and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Revolving Termination Date is effectuated pursuant to Section 2.13 2.14., the date on which any increase of the Revolving Commitments is effectuated or Additional Term Loans are made pursuant to Section 2.19. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances expressly and specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6hereunder. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit. (g) The Credit Agreement is further amended by restating Section 7.2. thereof in its entirety as follows:

Survival of Representations and Warranties, Etc. All statements contained in any certificate, financial statement or other instrument delivered by or on behalf of any Loan Party or any other Subsidiary to the Administrative Agent or any Lender pursuant to or in connection with this Agreement or any of the other Loan Documents (including, but not limited to, any such statement made in or in connection with any amendment thereto) shall constitute representations and warranties made by the Borrower under this Agreement. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Termination Date is effectuated pursuant to Section 2.13 2.13. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances expressly and specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6hereunder. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Revolving Termination Date is effectuated pursuant to Section 2.13 2.14., the date on which any increase of the Revolving Commitments is effectuated pursuant to Section 2.17. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction)Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Revolving Maturity Date is effectuated pursuant to Section 2.13 2.14 and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided in other than a Continuation, the Conversion of Loans of one Type to Loans of another Type to the extent permitted hereunder or the making of Revolving Loans pursuant to Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transaction2.4(e)), except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances expressly and specifically and expressly permitted hereunder or as waived or consented to by the applicable Lenders in accordance with Section 13.6hereunder. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.

Survival of Representations and Warranties, Etc. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any Commitment Increase extension of the Revolving Credit Termination Date is effectuated pursuant to Section 2.13 2.14., the date on which any Incremental Facility is effectuated pursuant to Section 2.17. and at and as of the date of the occurrence of each Credit Event (except as otherwise expressly provided other than a Continuation or Conversion described in Section 2.13, with respect to a Commitment Increase incurred to finance a Limited Condition Transactionclauses (b) and (c) of the definition of “Credit Event”), except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder or as waived or consented to by under the applicable Lenders in accordance with Section 13.6Loan Documents. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the LoansLoans and the issuance of the Letters of Credit.