Common use of Survival of Representations and Warranties; Severability Clause in Contracts

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company in connection with the transactions contemplated by this Agreement or the Transaction Documents shall survive, for the duration of any statutes of limitation applicable thereto, the execution and delivery of this Agreement, any investigation at any time made by the Purchaser or on the Purchaser's behalf, the purchase of the Units by the Purchaser under this Agreement and any disposition of or payment on the Units. All statements contained in any certificate or other instrument delivered to the Purchaser by or on behalf of the Company pursuant to this Agreement or the Transaction Documents at the Closing shall be deemed representations and warranties of the Company under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company REIT or the Purchaser in connection with the transactions contemplated by this Agreement or the Transaction Documents shall survive, for a period of one year after the duration of any statutes of limitation applicable theretodate hereof, the execution and delivery of this Agreement, any investigation at any time made by the REIT, the Purchaser or on the Purchaser's such party’s behalf, the purchase of the Units Shares by the Purchaser under this Agreement and any disposition of or payment on the UnitsShares. All statements contained in any certificate or other instrument delivered to the Purchaser by or on behalf of the Company REIT or delivered to the REIT by or on behalf of the Purchaser pursuant to this Agreement or the other Transaction Documents at the Closing shall be deemed representations and warranties of the Company REIT or the Purchaser" as applicable, under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company in connection with the transactions contemplated by this Agreement or the Transaction Documents shall survive, for the duration of any statutes of limitation applicable thereto, the execution and delivery of this Agreement, any investigation at any time made by the Purchaser or on the Purchaser's behalf, the purchase of the Units New Notes by the Purchaser under this Agreement and any disposition of or payment on the UnitsNew Notes. All statements contained in any certificate or other instrument delivered to the Purchaser by or on behalf of the Company pursuant to this Agreement or the Transaction Documents at the Closing shall be deemed representations and warranties of the Company under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company REIT or the Purchaser in connection with the transactions contemplated by this Agreement or the Transaction Documents shall survive, for the duration of any statutes of limitation applicable thereto, the execution and delivery of this Agreement, any investigation at any time made by the REIT, the Purchaser or on the Purchasersuch party's behalf, the purchase of the Units Shares by the Purchaser under this Agreement and any disposition of or payment on the UnitsShares. All statements contained in any certificate or other instrument delivered to the Purchaser by or on behalf of the Company REIT or delivered to the REIT by or on behalf of the Purchaser pursuant to this Agreement or the other Transaction Documents at the Closing shall be deemed representations and warranties of the Company REIT or the Purchaser, as applicable, under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the other Transaction Documents or made in writing by or on behalf of the Company in connection with the transactions contemplated by this Agreement or the other Transaction Documents shall survive, for so long as any of the duration of any statutes of limitation applicable theretoNotes or Warrants shall remain outstanding, the execution and delivery of this Agreement, and the other Transaction Documents, any investigation at any time made by the any Purchaser or on the such Purchaser's behalf, the purchase of the Units Notes and Warrants by the Purchaser Purchasers under this Agreement and any disposition of or payment on the UnitsNotes or Warrants. All statements contained in any certificate or other instrument delivered to the Purchaser Purchasers by or on behalf of the Company pursuant to this Agreement or the other Transaction Documents at the Closing shall be deemed representations and warranties of the Company under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company REIT, the Operating Partnership or the Purchaser in connection with the transactions contemplated by this Agreement or the Transaction Documents shall survive, for the duration of any statutes of limitation applicable thereto, the execution and delivery of this Agreement, any investigation at any time made by the REIT, the Operating Partnership, the Purchaser or on the Purchasersuch party's behalf, the purchase of the Units Shares by the a Purchaser under this Agreement and any disposition of or payment on the UnitsShares. All statements contained in any certificate or other instrument delivered to the Purchaser by or on behalf of the Company REIT or the Operating Partnership or delivered to the REIT or the Operating Partnership by or on behalf of the Purchaser pursuant to this Agreement or the other Transaction Documents at the Closing shall be deemed representations and warranties of the Company REIT and the Operating Partnership, or the Purchaser, as applicable, under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company in connection with the transactions contemplated by this Agreement or the Transaction Documents shall survive, for the duration of any statutes of limitation applicable thereto, the execution and delivery of this Agreement, any investigation at any time made by the Purchaser or on the Purchaser's behalf, the purchase of the Units Series D Preferred Stock by the Purchaser under this Agreement and any disposition of or payment on the UnitsSeries D Preferred Stock. All statements contained in any certificate or other instrument delivered to the Purchaser by or on behalf of the Company pursuant to this Agreement or the Transaction Documents at the Closing shall be deemed representations and warranties of the Company under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company Guarantor or any of its Subsidiaries in connection with the transactions contemplated by this Agreement or the Transaction Documents shall survive, for the duration of any statutes of limitation applicable thereto, the execution and delivery of this Agreement, any investigation at any time made by the Purchaser Purchasers or on the Purchaser's Purchasers' behalf, the purchase of the Units Senior Discount Notes by the Purchaser Purchasers under this Agreement and any disposition of or payment on the UnitsSenior Discount Notes. All statements contained in any certificate or other instrument delivered to the Purchaser Purchasers by or on behalf of the Company Issuer or the Guarantor pursuant to this Agreement or the Transaction Documents at the Closing shall be deemed representations and warranties of the Company Guarantor and its Subsidiaries under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company in connection with the transactions contemplated by this Agreement or the Transaction Documents shall survive, for the duration of any statutes of limitation applicable thereto, the execution and delivery of this Agreement, any investigation at any time made by the Purchaser or on the Purchaser's its behalf, the purchase of the Units Shares by the Purchaser Purchasers under this Agreement and the Other Stock Purchase Agreements and any disposition of or payment on the UnitsShares. All statements contained in any certificate or other instrument delivered to the Purchaser by or on behalf of the Company pursuant to this Agreement or the Transaction Documents at the Closing shall be deemed representations and warranties of the Company under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company REIT, the Operating Partnership or the Purchaser in connection with the transactions contemplated by this Agreement or the Transaction Documents shall survive, for the duration of any statutes of limitation applicable thereto, the execution and delivery of this Agreement, any investigation at any time made by the REIT, the Operating Partnership, the Purchaser or on the Purchasersuch party's behalf, the purchase of the Units any shares of Preferred Stock or REIT Common Stock by the Purchaser under this Agreement and any disposition of or payment on the Unitssuch shares of Preferred Stock or REIT Common Stock. All statements contained in any certificate or other instrument delivered to the Purchaser by or on behalf of the Company REIT or delivered to the REIT by or on behalf of the Purchaser pursuant to this Agreement or the other Transaction Documents at the Closing shall be deemed representations and warranties of the Company REIT or the Purchaser, as applicable, under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company in connection with the transactions contemplated by this Agreement or the 77 Transaction Documents shall survive, for the duration of any statutes of limitation applicable thereto, the execution and delivery of this Agreement, any investigation at any time made by the Purchaser Purchasers or on the Purchaser's Purchasers' behalf, the purchase of the Units by the Purchaser Purchasers under this Agreement and any disposition of or payment on the Units. All statements contained in any certificate or other instrument delivered to the Purchaser Purchasers by or on behalf of the Company pursuant to this Agreement or the Transaction Documents at the Closing shall be deemed representations and warranties of the Company under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.

Survival of Representations and Warranties; Severability. All -------------------------------------------------------- representations and warranties contained in this Agreement or the Transaction Documents or made in writing by or on behalf of the Company in connection with the transactions contemplated by this Agreement or the other Transaction Documents shall survive, for the duration of any statutes of limitation applicable thereto, (i) the execution and delivery of this Agreement, (ii) any investigation at any time made by the any Purchaser or on the such Purchaser's behalf, (iii) the purchase of the Units Shares by the Purchaser Purchasers under this Agreement and the Other Stock Purchase Agreements and (iv) any disposition of or payment on the UnitsShares. All statements contained in any certificate or other instrument delivered to the Purchaser by or on behalf of the Company pursuant to this Agreement or the other Transaction Documents at the Closing shall be deemed representations and warranties of the Company under this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. 9.3.