Common use of Survival of Representations and Warranties Clause in Contracts

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made by or on behalf of the parties.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and any investigations made by or on behalf the consummation of the partiestransactions contemplated hereby.

Survival of Representations and Warranties. All statements contained in any schedule, exhibit, certificate or other instrument delivered by or on behalf of the parties hereto, or in connection with the transactions contemplated by this Agreement, shall be deemed to be representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and hereunder. Notwithstanding any investigations made by or on behalf of the partiesparties to this Agreement, all representations, warranties and agreements made by the parties to this Agreement or pursuant hereto shall survive.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and any investigations made by or on behalf the consummation of the partiestransactions contemplated hereby until the expiration of the applicable statute of limitations.

Survival of Representations and Warranties. All statements in any schedule, exhibit or certificate or other instrument delivered by or on behalf of the parties hereto, or in connection with the transactions contemplated by this Agreement, shall be deemed to be representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and hereunder. Notwithstanding any investigations made by or on behalf of the partiesparties to this Agreement, all representations, warranties and agreements made by the parties to this Agreement or pursuant hereto shall survive.

Survival of Representations and Warranties. All representations representations, warranties and warranties agreements contained herein or made in writing by the parties hereto in or on behalf of any party to this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesthis Agreement.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Subscription Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made by or on behalf of the parties.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated herebyAgreement, shall survive (i) the execution and delivery hereof and hereof, (ii) any investigations made by or on behalf of the partiesparties and (iii) the closing of the transaction contemplated hereby.

Survival of Representations and Warranties. All of the representations and warranties made by the parties hereto in this Agreement or in any other agreementpursuant hereto, certificate or instrument provided for or shall be continuing and shall survive the closing hereof and the consummation of the transactions contemplated hereby, shall survive the execution and delivery hereof and notwithstanding any investigations investigation at any time made by or on behalf of the partiesany party hereto.

Survival of Representations and Warranties. All representations The respective agreements, representations, warranties and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations statements made by or on behalf of each party hereto pursuant to this Agreement shall remain in full force and effect, regardless of any investigation made by or on behalf of any party, and shall survive delivery of any payment for the partiesShares.

Survival of Representations and Warranties. All representations representations, warranties, covenants and warranties made by agreements of any of the parties hereto made in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof hereof, the closing hereunder, and any investigations made by or on behalf the execution and delivery of the partiesall instruments and documents executed in connection therewith.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and hereof, any investigations made by or on behalf of the partiesparties and the consummation of the transactions contemplated by this Agreement.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto contained in this Agreement or made in writing by any other agreement, certificate or instrument provided for or contemplated hereby, party in connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby regardless of any investigations investigation made by by, or on behalf of the partiesof, any Stockholder.

Survival of Representations and Warranties. All The representations and warranties made by the parties hereto in any party to this Agreement herein or pursuant hereto, including any statements contained in any other agreement, certificate or other instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made delivered by or on behalf of any party pursuant to this Agreement, shall not merge and shall survive the partiescompletion of the transactions contemplated hereunder regardless of any independent investigations that any other party may have made at any time.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the issuance and delivery of the Securities, regardless of any investigations investigation made by or on behalf of the partiesany party.

Survival of Representations and Warranties. All statements in any ------------------------------------------ schedule, exhibit or certificate or other instrument delivered by or on behalf of the parties hereto, or in connection with the transactions contemplated by this Agreement, shall be deemed to be representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and hereunder. Notwithstanding any investigations made by or on behalf of the partiesparties to this Agreement, all representations, warranties and agreements made by the parties to this Agreement or pursuant hereto shall survive.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made by or on behalf of any of the parties.

Survival of Representations and Warranties. All of the representations and warranties made by the parties hereto in this Agreement or in any other agreementpursuant hereto, certificate or instrument provided for or shall be continuing and shall survive the closing hereof and the consummation of the transactions contemplated hereby, shall survive the execution and delivery hereof and notwithstanding any investigations investigation at any time made by or on behalf of any party hereto, for a period of two (2) years after the partiesdate of this Agreement.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto in or on behalf of any party to this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesthis Agreement.

Survival of Representations and Warranties. All representations and warranties made by of the parties hereto made in, pursuant to or in connection with this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and of this Agreement, notwithstanding any investigations made investigation by or on behalf of the parties. All statements contained in any certificate, instrument, or other writing delivered by a party to this Agreement or in connection with the transactions described in or by this Agreement constitute representations and warranties by such party under this Agreement to the extent such statement is set forth as a representation and warranty in the instrument in question.

Survival of Representations and Warranties. All representations representations, warranties and warranties covenants made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or document contemplated hereby, hereby shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery hereof and of this Agreement, or such other document, regardless of any investigations investigation made by or on behalf of the partiesany such party.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or contained herein and in any other agreement, certificate written agreement or instrument delivered or executed in connection herewith are true at and as of the times provided for or contemplated herebyherein, shall and all of which will survive the execution and delivery hereof and of this Agreement, any investigations made by or examination on behalf of any party hereto, and the partiesconsummation of all transactions contemplated herein.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, hereby shall survive the execution and delivery hereof and any investigations made by or on behalf of the parties.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto applicable Party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesParties.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby, regardless of any investigations investigation made by the Contributor or on behalf of the partiesits behalf.

Survival of Representations and Warranties. All The representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, contained herein shall survive the execution execution, delivery and delivery hereof and performance of this Agreement by the parties, notwithstanding any investigations investigation at any time made by or on behalf of the any party or parties.

Survival of Representations and Warranties. All statements contained in this Agreement, the exhibits and schedules referred to herein, and any certificates or other instruments delivered pursuant to the express terms hereof by or on behalf of any party hereto shall be deemed representations and warranties hereunder by such party. All representations, warranties, covenants and agreements made by the parties hereto in to this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, pursuant hereto shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesparties and shall survive the Closing to the extent provided herein, but not otherwise.

Survival of Representations and Warranties. All The parties hereto hereby agree that the representations and warranties made by the parties hereto contained in this Agreement or in any other agreementcertificate, certificate document or instrument provided for or contemplated herebydelivered in connection herewith, shall survive the execution and delivery hereof of this Agreement, and any investigations made by or on behalf of the partiesClosing hereunder.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof and of this Agreement, regardless of any investigations investigation made by or on behalf of the partiesany party.

Survival of Representations and Warranties. All The representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, contained herein shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby and remain in full force and effect, notwithstanding any investigations investigation at any time made by or on behalf of the parties.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto and agreements contained in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, hereby shall survive the execution and delivery hereof and any investigations made by or on behalf of the parties.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated herebyherby, shall survive the execution and delivery hereof and any investigations made by or on behalf of the parties.

Survival of Representations and Warranties. All The representations and ------------------------------------------ warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, contained herein shall survive the execution execution, delivery and delivery hereof and performance of this Agreement by the parties, notwithstanding any investigations investigation at any time made by or on behalf of the any party or parties.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and Notwithstanding any investigations made by or on behalf of the partiesparties to this Agreement, all representations, warranties and agreements made by the parties to this Agreement herein shall survive.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall connection herewith will survive the execution and delivery hereof and of this Agreement regardless of any investigations investigation made by the Agent, the Company, or on behalf of the partiestheir respective behalves.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto in any party to this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby, regardless of any investigations investigation made by any Purchaser or on behalf of the partiesits behalf.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate certificate, or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made by or on behalf of the parties.

Survival of Representations and Warranties. All The parties hereto hereby agree that the representations and warranties made by the parties hereto contained in this Agreement or in any other agreementcertificate, certificate document or instrument provided for or contemplated herebydelivered in connection herewith, shall survive the execution and delivery hereof of this Agreement, and the Closing hereunder, regardless of any investigations investigation made by or on behalf of the partiesparties hereto.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and hereof, any investigations made by or on behalf of the parties, the consummation of the transactions contemplated by this Agreement and the termination hereof.

Survival of Representations and Warranties. All representations representations, warranties, covenants and warranties made by agreements of the parties hereto made in this Agreement Agreement, the Disclosure Schedule or in any other agreement, certificate or instrument provided for document delivered by it or contemplated herebyhim pursuant hereto, shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesClosing hereunder.

Survival of Representations and Warranties. All representations representations, warranties, covenants and warranties made by agreements of any of the parties hereto made in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof hereof, the Closing hereunder, the execution and any investigations made by or on behalf delivery of the partiesall instruments and documents executed in connection therewith.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall connection herewith will survive the execution and delivery hereof of this Agreement and the Closing hereunder, regardless of any investigations investigation made by the Company or on behalf of the partiesits behalf.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions consummated by this Agreement, regardless of any investigations investigation made by any party or on behalf of the partiesits behalf.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby, regardless of any investigations investigation made by a party or on behalf of the partiesits behalf.

Survival of Representations and Warranties. All of the representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, contained herein shall survive the execution and delivery hereof and of this Agreement, any investigations investigation at any time made by or on behalf of any party hereto, and the partiesconsummation of the transactions contemplated hereby.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in connection with this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby, regardless of any investigations investigation made by the Purchaser or the Investors or on behalf of the partiestheir behalf.

Survival of Representations and Warranties. All Subject to the limitations and qualifications set forth herein, the parties hereto hereby agree that the representations and warranties made by the parties hereto contained in this Agreement or in any other agreementcertificate, certificate document or instrument provided for or contemplated herebydelivered in connection herewith, shall survive the execution and delivery hereof of this Agreement, and the Closing hereunder, regardless of any investigations investigation made by or on behalf of the partiesparties hereto.

Survival of Representations and Warranties. All representations and ------------------------------------------ warranties made by the parties hereto in this Agreement or in any other agreementdocument, certificate statement, certificate, schedule or instrument provided for exhibit furnished or to be furnished pursuant hereto, or in connection with the transactions contemplated hereby, shall survive the execution and delivery hereof Closing and any investigations investigation made by or on behalf of the partiesat any time with respect thereto.

Survival of Representations and Warranties. All representations The respective agreements, representations, warranties, indemnities and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations statements made by or on behalf of each party hereto pursuant to this Agreement shall remain in full force and effect, regardless of any investigation made by or on behalf of any party, and shall survive delivery of any payment for the partiesShares and the Warrant.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto in any party to this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby, regardless of any investigations investigation made by any New Investor or on behalf of the partiesits behalf.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesparties hereto.

Survival of Representations and Warranties. All The representations and warranties made by warranties, covenants and agreements of the parties hereto contained in this Agreement or in any other agreement, certificate or instrument provided for other writing delivered pursuant hereto or contemplated hereby, at the Closing shall survive the execution Closing and delivery hereof the consummation of the transactions contemplated hereby (and any investigations made examination or investigation by or on behalf of the partiesany party hereto).

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made by or on behalf of the parties.. US-DOCS\119983970.4

Survival of Representations and Warranties. All The representations and warranties made by of the parties hereto and contained in this Agreement or in any other agreement, document or certificate or instrument provided for or contemplated hereby, given pursuant hereto shall survive and shall not merge with the execution and delivery hereof and any investigations made by or on behalf of the partiesClosing.

Survival of Representations and Warranties. All representations The representations, warranties, covenants and warranties agreements of the Parties made by herein, or in writing delivered pursuant to the parties hereto in provisions of this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof consummation of the transactions contemplated hereby and any investigations made by or examination on behalf of the partiesParties.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated herebyAgreement, shall survive the execution and delivery hereof and any investigations made by or on behalf of the parties.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof and of this Agreement, regardless of any investigations investigation made by each Purchaser or on behalf of the partieshis or its behalf.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery deliver.’ hereof and any investigations made by or on behalf of the parties.

Survival of Representations and Warranties. All The representations and warranties made by of the parties hereto contained in this Agreement or in any other agreementcertificate, certificate instrument, or instrument provided for or contemplated hereby, document delivered pursuant hereto shall survive the execution and delivery hereof and Closing, regardless of any investigations investigation made by or on behalf of the partiesany party.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto contained in this Agreement or made in writing by any other agreement, certificate or instrument provided for or contemplated hereby, party in connection herewith shall survive the execution and delivery hereof and of this Agreement regardless of any investigations investigation made by by, or on behalf of the partiesof, any Member.

Survival of Representations and Warranties. All representations The representations, warranties, agreements and warranties made by indemnifications of the parties hereto Parties in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, writing delivered pursuant to the provisions of this Agreement shall survive the execution and delivery hereof and any investigations investigation heretofore or hereafter made by or on behalf the Parties and the consummation of the partiestransactions contemplated herein and shall continue in full force and effect after the Closing.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby, regardless of any investigations investigation made by the Administrative Agent, the Lender or on behalf of the partiessuch person’s behalf.

Survival of Representations and Warranties. All representations representations, warranties, and warranties agreements contained herein or made in writing by or on behalf of any of the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or connection with the transaction contemplated hereby, hereby shall survive the execution and delivery hereof and of this EXHIBIT 10.18 Agreement, any investigations investigation at any time made by or on behalf of any party, and the partiesclosing of the transaction contemplated hereby.

Survival of Representations and Warranties. All representations The representations, warranties, covenants and warranties made by agreements of the parties hereto contained in this Agreement or in any other agreement, certificate writing delivered pursuant to the provisions of this Agreement or instrument provided for or contemplated hereby, at the Closing shall survive the execution and delivery hereof and any investigations made examination by or on behalf of any party hereto and shall survive the partiesClosing and the consummations of the transactions contemplated hereby.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Subscription Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesparties subject to any applicable statute of limitations under applicable law.

Survival of Representations and Warranties. All The representations and warranties made by of the parties hereto contained in this Agreement or and deemed made as provided in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive this Agreement will survive: (a) the execution and delivery hereof and of this Agreement; (b) any investigations investigation at any time made by or on behalf of the partiesparty receiving (or deemed to be receiving) those representations and warranties; and (c) the consummation of the Encore Termination.

Survival of Representations and Warranties. All representations representations, warranties, covenants and warranties made by agreements of any of the parties hereto made in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof hereof, the closing hereunder, and any investigations made by or on behalf the execution and delivery of the parties.all instruments and documents executed in connection therewith. 

Survival of Representations and Warranties. All of the representations and warranties made by of the parties hereto contained in this Agreement (or in any other agreement, certificate document delivered or instrument provided for to be delivered pursuant to this Agreement or contemplated hereby, at or in connection with the Closing) shall survive the execution and delivery hereof of this Agreement and any investigations made by or on behalf the consummation of the partiestransactions contemplated hereby.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, contained herein shall survive the execution and delivery hereof of this Agreement and the Effective Date, regardless of any investigations investigation at any time made by or on behalf of the partiesany party hereto.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby, regardless of any investigations investigation made by Executive or on his behalf of or by the partiesCompany or on its behalf.

Survival of Representations and Warranties. All The representations and warranties made by of the parties hereto contained in this Agreement or and in any agreement or other agreement, certificate or instrument provided for or contemplated hereby, document to be delivered pursuant to this Agreement shall survive the execution of thisAgreement and the delivery hereof and of any investigations made by such agreement or on behalf of the partiesother document.

Survival of Representations and Warranties. All representations and warranties made Notwithstanding any investigation conducted or notice or knowledge obtained by the parties hereto or on behalf of any Party, each representation or warranty in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, certificates delivered pursuant to this Agreement shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesClosing.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, delivered pursuant to this Agreement shall survive the execution and delivery hereof of this Agreement and each Note and the Closings and shall in any investigations way be affected by any investigation of the subject matter thereof made by or on behalf of the partiesparty to whom such representations and warranties were made.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement statements containing any certificate, instrument, or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made document delivered by or on behalf of any of the parties hereto pursuant to this Agreement and the transactions contemplated hereby shall be deemed representations, warranties, and covenants of the respective parties. The representations, warranties, and covenants of Mail Call and Xxxxxxx as contained in this Agreement shall survive the closing.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by any party in connection herewith will survive the execution and delivery of this Agreement, regardless of any investigation made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made by or on behalf of the such parties.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated by this Agreement for the applicable statute of limitations, regardless of any investigations investigation made by the Purchaser or on behalf of the partiesits behalf.

Survival of Representations and Warranties. All The representations and warranties made by the parties of each party hereto in this Agreement which are contained herein or in any other agreement, certificate or instrument provided for or contemplated hereby, other document delivered pursuant hereto shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesthis Agreement.

Survival of Representations and Warranties. All representations Representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, contained herein shall survive the execution execution, delivery and delivery hereof and performance of this Agreement by the parties, notwithstanding any investigations investigation at any time made by or on behalf of the any party or parties.

Survival of Representations and Warranties. All representations and ------------------------------------------ warranties made by of the parties hereto made in, pursuant to, or in connection with this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and of this Agreement, notwithstanding any investigations made investigation by or on behalf of the parties. All statements contained in any certificate, document, instrument or other writing delivered by a party to this Agreement, or in connection with the transactions contemplated by this Agreement, constitute representations and warranties under this Agreement.

Survival of Representations and Warranties. All representations The statements, representations, warranties, covenants and warranties made agreements of the parties as contained in this Agreement and in any instrument or document delivered by or on behalf of any of the parties hereto in pursuant to this Agreement or in any other agreementAgreement, certificate or instrument provided for or and the transactions contemplated hereby, shall survive the execution Closing and delivery hereof and any investigations made by or on behalf the consummation of the partiestransactions contemplated hereby.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof and of this Agreement, regardless of any investigations investigation made by each Purchaser or on behalf of the partieshis behalf.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto pursuant to or in connection with this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof of this Agreement indefinitely; and all statements contained in any investigations made certificate, instrument or other writing delivered by or on behalf of any party hereto required to be made pursuant to the partiesterms of this Agreement or required to be made in connection with or in contemplation of the transactions contemplated by this Agreement will constitute representations and warranties by such party pursuant to this Agreement.

Survival of Representations and Warranties. All The parties hereto hereby agree that the representations and warranties made by the parties hereto contained in this Agreement or in any other agreementcertificate, certificate document or instrument provided for or contemplated herebydelivered in connection herewith, shall survive the execution and delivery hereof of this Agreement, and any investigations made by or on behalf of the partiesclosing hereunder.

Survival of Representations and Warranties. All representations of the Parties' representations, warranties, covenants, and warranties made by the parties hereto agreements in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, delivered pursuant to this Agreement shall survive the execution and delivery hereof and any investigations made by or on behalf Closing of the partiestransactions contemplated in this Agreement.

Survival of Representations and Warranties. All representations and warranties made by of the parties hereto made in, pursuant to or in connection with this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and of this Agreement, notwithstanding any investigations made investigation by or on behalf of the parties. All statements contained in any certificate, instrument or other writing delivered by a party to this Agreement or in connection with the transactions described in this Agreement constitute representations and warranties by such party under this Agreement to the extent such statement is set forth as a representation and warranty in the instrument in question.

Survival of Representations and Warranties. All representations The statements, representations, warranties, covenants, agreements and warranties made by indemnities of the parties hereto as contained in this Agreement or and in any other agreementcertificate, certificate instrument or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made document delivered by or on behalf of any of the partiesparties hereto pursuant to this Agreement and the transactions contemplated hereby shall survive the closing and shall not terminate.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby, regardless of any investigations investigation made by the Executive or on behalf of the partiesits behalf.

Survival of Representations and Warranties. All representations representations, warranties, covenants and warranties agreements made by the parties hereto in this Agreement or in any other agreementcertificate, certificate schedule, statement, document, or instrument provided for furnished hereunder or contemplated herebyin connection with the negotiation, execution and performance of this Agreement shall survive the execution closing of this transaction and delivery hereof each party shall be entitled to rely upon the representations, warranties, covenants and any investigations made by or on behalf of the partiesagreements set forth in this Agreement.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto statements contained in this Agreement or in any other agreementExhibit attached hereto, any agreement executed pursuant hereto, and any certificate or other instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made delivered by or on behalf of either party pursuant to the terms of this Agreement, shall constitute representations and warranties. All representations, warranties and covenants of the parties shall survive the date of this Agreement, and the parties shall be entitled to rely upon such representations, warranties and covenants irrespective of any investigations made by such parties.

Survival of Representations and Warranties. All representations representations, warranties, covenants and warranties agreements made by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, pursuant hereto shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesPurchase.

Survival of Representations and Warranties. All representations Each representation and warranties warranty, covenant and agreement made by the parties either party hereto in this Agreement or in any document, certificate, or other agreement, certificate or instrument provided for or contemplated hereby, delivered pursuant to this Agreement shall survive the execution and delivery hereof and any investigations made by or on behalf of the partieseach Closing.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made by or on behalf of the partiesparties and the consummation of the transactions contemplated by this Agreement.

Survival of Representations and Warranties. All representations representations, warranties and warranties made by agreements of the parties hereto in this Agreement Transaction Parties contained herein or in certificates or other instruments delivered pursuant hereto (including, without limitation, any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof Terms Agreement and any investigations Confirmation) shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Manager or any Forward Purchaser or any of their controlling persons and shall survive delivery of and payment for the partiesShares hereunder.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive (i) the execution and delivery hereof and hereof, (ii) any investigations made by or on behalf of the partiesparties and (iii) the closing of the transaction contemplated hereby.

Survival of Representations and Warranties. All The representations and warranties made by the parties hereto in any party to this Agreement herein or pursuant hereto, including any statements contained in any other agreement, certificate or other instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and any investigations made delivered by or on behalf of any party pursuant to this Agreement, shall not merge and shall survive the partiescompletion of the transactions contemplated hereunder regardless of any independent investigations that any other party may have made at anytime.

Survival of Representations and Warranties. All representations The parties agree that the representations, warranties, agreements, and warranties made by the parties hereto covenants contained in this Agreement or in any other agreement, certificate documents delivered in accordance with or instrument provided for or contemplated hereby, by virtue of this Agreement shall survive the execution and delivery hereof of this Agreement and any investigations made by all other instruments in connection herewith or on behalf of the partiestherewith.

Survival of Representations and Warranties. All The representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, contained herein shall survive the execution execution, delivery and delivery hereof and performance of this Agreement by the Parties, notwithstanding any investigations investigation at any time made by or on behalf of the partiesany Party or Parties.

Survival of Representations and Warranties. All representations and warranties made by the parties hereto in this Agreement or in any other agreement, certificate or instrument provided for or contemplated herebyby this Agreement, shall survive the execution and delivery hereof and any investigations made by or on behalf of the parties.

Survival of Representations and Warranties. All representations and warranties contained herein or made in writing by the parties hereto any party in this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, connection herewith shall survive the execution and delivery hereof of this Agreement and the consummation of the transactions contemplated hereby, regardless of any investigations investigation made by any party or on behalf of the partiesany party.

Survival of Representations and Warranties. All representations and warranties made by of the parties hereto made in, pursuant to or in connection with this Agreement or in any other agreement, certificate or instrument provided for or contemplated hereby, shall survive the execution and delivery hereof and of this Agreement, notwithstanding any investigations made investigation by or on behalf of the parties. All statements contained in any certificate, instrument or other writing delivered by a party to this Agreement or in connection with the transactions contemplated by this Agreement constitute representations and warranties by such party under this Agreement to the extent such statement is set forth as a representation and warranty in the instrument in question.