Survival of Representations, Warranties and Agreements. All representations, warranties, and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c), 2.18, 2.19, 10.02, 10.03, 10.04, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), and 9.06 shall survive the payment of the Loans.
Appears in 9 contracts
Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 7 contracts
Samples: Credit and Guarantee Agreement (Kraton Corp), Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(cSection 2.14(c), 2.182.15, 2.192.16, 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), ) and 9.06 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 5 contracts
Samples: Credit Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.14, 2.15, 2.19(c), 2.1810.2, 2.1910.3, 10.02, 10.03, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16Section 2.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 5 contracts
Samples: Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (TherapeuticsMD, Inc.), Financing Agreement (BridgeBio Pharma, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.162.17, 9.03(b9.3(b), 9.3(c), 9.6 and 9.06 9.11 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 4 contracts
Samples: Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(a) and (b), 2.182.15, 2.1910.2, 10.0210.3 and 10.4, 10.03, 10.04, 10.14 and 10.10 10.15 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b9.3(b), 9.7, 10.14, 10.15 and 9.06 10.17 shall survive the payment of the Term Loans.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (fuboTV Inc. /FL), Credit and Guaranty Agreement (FaceBank Group, Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.029.14, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.162.17, 9.03(b9.3(b), 9.7 and 9.06 9.10 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 4 contracts
Samples: Debt and Guaranty Agreement (2U, Inc.), Restructuring Support Agreement (2U, Inc.), Credit and Guaranty Agreement (2U, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.162.17, 9.03(b9.3(b), 9.7 and 9.06 9.10 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 4 contracts
Samples: First Lien Credit and Guaranty Agreement (Airbnb, Inc.), Second Lien Credit and Guaranty Agreement (Airbnb, Inc.), Second Lien Credit and Guaranty Agreement (Airbnb, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Cit Group Inc), Amendment Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.13(c), 2.182.14, 2.192.15, 10.0210.2, 10.0310.3, 10.04, 10.4 and 10.10 10.22 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 4 contracts
Samples: Credit Agreement (FS Energy & Power Fund), Credit Agreement (FS Investment Corp III), Credit Agreement (FS Investment Corp II)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.17(d), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment Payment in Full of the LoansObligations.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.13(g), 2.182.14, 2.192.15, 10.0210, 10.0311.2, 10.0411.3, 11.4 and 10.10 11.22 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.15 and 9.06 10.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 3 contracts
Samples: Credit Agreement (Blue Owl Technology Finance Corp.), Credit Agreement and Margining Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Owl Rock Technology Income Corp.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.197.2, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.15 and 9.06 9.6 shall survive the payment of the Loans.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Allegiance Telecom Inc), Credit and Guaranty Agreement (Allegiance Telecom Inc), Credit and Guaranty Agreement (Allegiance Telecom Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.13(c), 2.182.14, 2.192.15, 10.0210, 10.0311.2, 10.0411.3, 11.4 and 10.10 11.22 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.15 and 9.06 10.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 3 contracts
Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Apollo Debt Solutions BDC)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Borrower Party set forth in Sections 2.17(c)2.08, 2.182.09, 2.199.02, 10.02, 10.03, 10.04, 9.03 and 10.10 9.04 and the agreements of the Lenders set forth in Sections 2.162.08, 9.03(b2.09(g), 8.03(b) and 9.06 8.06 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Fly Leasing LTD), Term Loan Credit Agreement (Fly Leasing LTD), Term Loan Credit Agreement (Fly Leasing LTD)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 3 contracts
Samples: Second Lien Credit and Guaranty Agreement (Alion Science & Technology Corp), Credit and Guaranty Agreement (Ambassadors International Inc), Credit and Guaranty Agreement (Ambassadors International Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 3 contracts
Samples: Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International), Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 2.20(e), 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.06 and 9.06 9.09 shall survive the payment of the Loans.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols SA)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.19, 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), ) and 9.06 shall survive the payment of the Loans, and the termination hereof.
Appears in 3 contracts
Samples: Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.037.11, 10.0410.2, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), Section 2.17 and 9.06 Section 9 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), First Lien Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.037.11, 10.0410.2, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 3 contracts
Samples: Third Lien Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Third Lien Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Second Lien Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Exopack Holding Corp), Credit and Guaranty Agreement (Exopack Holding Corp)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination of this Agreement.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.), Credit and Guaranty Agreement (Newtek Business Services Corp.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.1910.2, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.15 and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Network Plus Corp), Credit and Guaranty Agreement (Nextlink Communications Inc /De/)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(cSections, 2.14, 2.15, 2.19(c), 2.1810.2, 2.1910.3, 10.02, 10.03, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16Section 2.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 2 contracts
Samples: Financing Agreement (Tg Therapeutics, Inc.), Financing Agreement (Apellis Pharmaceuticals, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b2.19(d), 2.21, 9.6 and 9.06 10.6(j) shall survive the payment of the LoansLoans and the termination hereof.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Focal Communications Corp), Credit and Guaranty Agreement (Focal Communications Corp)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.
Appears in 2 contracts
Samples: Second Lien Credit and Guaranty Agreement (Movie Gallery Inc), Second Lien Credit and Guaranty Agreement (Movie Gallery Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.17, 2.1810.2, 2.19, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 2.17 and 9.06 10.17 shall survive the payment of the LoansTermination Date.
Appears in 2 contracts
Samples: Mezzanine Credit and Guaranty Agreement (Isola Group Ltd.), Mezzanine Credit and Guaranty Agreement (Isola Group Ltd.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law Applicable Law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(cSection 2.11, Section 3.1(c), 2.18Section 3.2, 2.19Section 10.2, 10.02, 10.03, 10.04Section 10.3, and Section 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), and 9.06 shall survive the payment of the Revolving Loans, and the termination hereof.
Appears in 2 contracts
Samples: Credit Agreement (Citizens, Inc.), Credit Agreement (Citizens, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.13, 2.182.14, 2.1910.2, 10.0210.3, 10.03, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.162.12, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loan and the termination hereof.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Waitr Holdings Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.1910.2, 10.0210.3, 10.03, 10.04, 10.4 and 10.10 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loan, and the termination hereof.
Appears in 2 contracts
Samples: Financing Agreement (Federal Signal Corp /De/), Financing Agreement (Federal Signal Corp /De/)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)2.13, 2.182.14, 2.1910.2, 10.0210.3, 10.03, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), Section 2.12 and 9.06 Article IX shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 2 contracts
Samples: Financing Agreement (Danimer Scientific, Inc.), Financing Agreement (Usa Technologies Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension, but shall be limited in application to the date made (or deemed made). Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)2.15, 2.18, 2.192.16, 10.02, 10.03, 10.04, 10.04 and 10.10 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), ) and 9.06 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Ascend Wellness Holdings, LLC), Credit and Guaranty Agreement
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionhereof. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.022.20, 10.0311.2, 10.04, 11.3 and 10.10 11.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the reimbursement of any amounts drawn thereunder, and the termination hereof.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Euramax International, Inc.), Credit and Guaranty Agreement (Euramax International, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Handleman Co /Mi/), Credit and Guaranty Agreement (Navisite Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements obligations of each Loan Credit Party set forth in Sections 2.17(c)2.14, 2.182.15, 2.195.20, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.7 shall survive the payment repayment of the LoansLoans and the termination of the Credit Documents.
Appears in 2 contracts
Samples: First Omnibus Amendment to Credit Documents (Eos Energy Enterprises, Inc.), Credit and Guaranty Agreement (Eos Energy Enterprises, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)2.14, 2.1810.2, 2.19, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.12, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (U.S. Well Services, Inc.), Senior Secured Credit Agreement (U.S. Well Services, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party the Credit Parties set forth in Sections 2.17(c)2.15, 2.182.16, 2.192.17, 10.0210.2, 10.0310.3, 10.04, 10.4 and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), and 9.06 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 2 contracts
Samples: Amendment Agreement (Mogo Finance Technology Inc.), Eighth Amendment Agreement
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.03, 10.04, 10.02 and 10.10 10.03 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.06 and 9.06 9.09 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 2 contracts
Samples: Credit Agreement (PVH Corp. /De/), Credit Agreement (PVH Corp. /De/)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making occurrence of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(cSection 2.14(c), 2.182.15, 2.192.16, 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), ) and 9.06 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 2 contracts
Samples: Governance Agreement (Och-Ziff Capital Management Group LLC), Senior Subordinated Term Loan and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 1 contract
Samples: Term Loan and Guaranty Agreement (Fedders Corp /De)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.025.8(e), 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Term Loans.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.13, 2.14(e), 2.18, 2.19, 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.06 and 9.06 9.09 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Second Lien Credit and Guaranty Agreement (Gentek Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16(e), 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.06 and 9.06 9.09 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.02, 10.03, 10.04, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), ) and 9.06 shall survive the payment of the Loans, and the termination hereof.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Madison Square Garden Co)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.0410.3, and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b)9.3, 9.5 and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), Section 2.16 and 9.06 Article IX shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Financing Agreement (EVO Transportation & Energy Services, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.20, 2.1810.2, 2.1910.3, 10.02, 10.03, 10.04, and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b)9.3, 9.5 and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Douglas Dynamics, Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.2(b)(iii), 2.16(c), 2.17, 2.18, 2.1910.2, 10.02, 10.03, 10.04, 10.3 and 10.10 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b9.3(b), 9.6 and 9.06 10.17 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of DIP Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination of this Agreement.
Appears in 1 contract
Samples: Credit, Guaranty and Security Agreement (Kv Pharmaceutical Co /De/)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.13, 2.16, 2.18, 2.1910.2, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.12, 9.03(b), 9.6 and 9.06 10.18 shall survive the payment of the Loans.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.14, 2.182.15, 2.192.16, 10.0210.2, 10.0310.3, 10.04, 10.4 and 10.10 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (OneWater Marine Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.13(c), 2.182.14, 2.192.15, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.12, 9.03(b), 9.6 and 9.06 10.18 shall survive the payment of the Loans.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.19, 10.02, 10.03, 10.04, 10.2 and 10.10 10.3 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: First Lien Credit and Guaranty Agreement (Vonage Holdings Corp)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall will survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.0410.3, 10.14, 10.15 and 10.10 10.16 and the agreements of the Lenders set forth in Sections 2.162.17, 9.03(b)9.5, 9.6 and 9.8 will survive the termination of all Term Loan Commitments, and 9.06 shall survive the payment in full of the Loansall other Obligations.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Lumentum Holdings Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)2.15, 2.1810.2, 2.19, 10.02, 10.03, 10.0410.3, and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Viking Energy Group, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)2.15, 2.1810.2, 2.19, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 1 contract
Samples: Senior Secured Term Loan Facility Agreement (New Residential Investment Corp.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b)2.20, 9.3, 9.6 and 9.06 9.9 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Superpriority Senior Secured Debtor in Possession Credit and Guaranty Agreement (J C Penney Co Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b9.3(b), 9.7 and 9.06 10.17 shall survive the payment of the Term Loans.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0211.2, 10.03, 10.04, 11.3 and 10.10 11.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.
Appears in 1 contract
Samples: Senior Subordinated Credit and Guaranty Agreement (Bill Barrett Corp)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Second Lien Credit and Guaranty Agreement (X Rite Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Term Loans.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.14, 2.182.15, 2.1910.2, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(c) and 9.06 9.7 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.17(c), 2.182.18, 2.192.19, 10.0210.02, 10.0310.03, 10.0410.04, and 10.10 10.10 and the agreements of Lenders set forth in Sections 2.162.16, 9.03(b9.03(b), and 9.06 9.06 shall survive the payment of the Loans.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Loan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)Section 3.2, 2.18Section 3.3, 2.19Section 11.2, 10.02, 10.03, 10.04Section 11.3, and 10.10 Section 11.10 and the agreements of the Lenders and the Administrative Agent set forth in Sections 2.16Section 2.13, 9.03(b), Section 10.3 and 9.06 Section 11.2(c) shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans on the Closing Date. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerms Loans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(cSections,2.14, 2.15, 2.19(c), 2.1810.2, 2.1910.3, 10.02, 10.03, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16Section 2.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.0410.3, 10.4, and 10.10 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (GPB Holdings II, LP)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansRevolving Loans and the termination hereof.
Appears in 1 contract
Samples: Revolving Loan and Guaranty Agreement (Fedders Corp /De)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionTerm Loan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 1 contract
Samples: Term Loan Credit and Guaranty Agreement (NewPage CORP)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.17(d), 2.18, 2.19, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Term Loan Agreement (Source Interlink Companies Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)Sections, 2.182.14, 2.192.15, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16Section 2.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 1 contract
Samples: Financing Agreement (Fibrogen Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Loan Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0212.2, 10.03, 10.04, 12.3 and 10.10 12.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.
Appears in 1 contract
Samples: Debtor in Possession Financing Agreement (Granite Broadcasting Corp)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionTerm Loan deemed made hereunder. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.13, 2.1810.2, 2.19, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.12, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 1 contract
Samples: Restructuring Agreement (Ener1 Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.16(cd), 2.17, 2.18, 2.19, 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), ) and 9.06 shall survive the payment of the Loans, and the termination hereof.
Appears in 1 contract
Samples: Amended and Restated Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(a) and (b), 2.182.15, 2.1910.2, 10.0210.3 and 10.4, 10.03, 10.04, 10.14 and 10.10 10.15 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b9.3(b), 9.7, 10.14, 10.15 and 9.06 10.17 shall survive the payment of the Term Loans.. 98
Appears in 1 contract
Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any the Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.15(b), 2.182.16, 2.192.17, 10.029.02, 10.03, 10.04, 9.03 and 10.10 9.04 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b8.03(b), 8.06 and 9.06 8.09 shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any each Class of Loans and Letter of Credit ExtensionExtensions. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c3.02, 3.04(c), 2.18, 2.193.01, 10.02, 10.03, 10.04, and 10.10 10.09 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), ) and 9.06 shall survive the payment of each Class of Loans and of the Loansother Obligations, the termination of the Commitments and the termination hereof.
Appears in 1 contract
Samples: Credit Agreement (Fusion Telecommunications International Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.12, 2.182.13, 2.1910.2, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.11, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.02, 10.03, 10.04, 10.2 and 10.3 and the second sentence of Section 10.10 and the agreements of the Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.
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Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.17, 2.18, 2.19, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.1910.2, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.15 and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Xo Communications Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.14 and 9.06 9.6 shall survive the payment of the Loans.
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Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making extensions of any Credit Extensioncredit hereunder. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.16, 9.03(b), 2.16 and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.029.2, 10.03, 10.04, 9.3 and 10.10 9.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 8.3(b) and 9.06 8.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.13(c), 2.182.14, 2.192.15, 10.0210, 10.0311.2, 10.0411.3, 11.4 and 10.10 11.22 and the agreements of Lenders set forth f xxxx in Sections 2.16, 9.03(b), 2.15 and 9.06 10.6 shall survive the payment of the Loans, and the termination hereof .
Appears in 1 contract
Samples: Credit Agreement (New Mountain Guardian III BDC, L.L.C.)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)2.16, 2.17, 2.18, 2.19, 10.02, 10.03, 10.04, 10.04 and 10.10 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), ) and 9.06 shall survive the payment of the LoansLoans and the termination hereof.
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Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Second Lien Credit and Guaranty Agreement (Amscan Holdings Inc)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of any or all of the Term Loans.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.17, 2.18, 2.19, 10.02, 10.03, 10.04, 10.2 and 10.10 10.3 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.
Appears in 1 contract
Samples: Second Lien Credit and Guaranty Agreement (Vonage Holdings Corp)
Survival of Representations, Warranties and Agreements. All representations, warranties, and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.02, 10.03, 10.04, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), and 9.06 shall survive the payment of the Loans.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Great Lakes Dredge & Dock CORP)
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.11, 2.182.14, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.10, 9.03(b), 9.6 and 9.06 10.18 shall survive the payment of the Loans.
Appears in 1 contract
Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.020, 10.03, 10.04, 0 and 10.10 0 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.
Appears in 1 contract
Samples: Debtor in Possession Credit and Guaranty Agreement (Syntax-Brillian Corp)
