Common use of Survival of Warranties and Agreements Clause in Contracts

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents or any of the other Lenders may have come into possession or control of any Property of the Borrower or any of its Subsidiaries.

Appears in 5 contracts

Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)

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Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower Borrowers in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of the Borrower or any of its SubsidiariesProperty.

Appears in 3 contracts

Samples: Credit Agreement (Timco Aviation Services Inc), Credit Agreement (Aviation Sales Co), Credit Agreement (Aviation Sales Co)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower Borrowers in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property assets of the Borrower or any of its SubsidiariesBorrower.

Appears in 3 contracts

Samples: Credit Agreement (Donna Karan International Inc), Credit Agreement (Donna Karan International Inc), Credit Agreement (Donna Karan International Inc)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Payment and Disbursement Agent, any of the other Agents or any of the other Lenders may have come into possession or control of any Property of the Borrower or any of its Subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)

Survival of Warranties and Agreements. All representations and warranties made herein shall survive execution and delivery of this Agreement and the other Loan Documents and all obligations of the Borrower Borrowers in respect of taxesTaxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of the Borrower Borrowers' or any of its their Subsidiaries' Property.

Appears in 2 contracts

Samples: Credit Agreement (Freedom Chemical Co), Credit Agreement (Freedom Chemical Co)

Survival of Warranties and Agreements. All representations and ------------------------------------- warranties made herein and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder Loans and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents or any of the other Lenders may have come into possession or control of any Property of the Borrower or any of its Subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)

Survival of Warranties and Agreements. All representations and ------------------------------------- warranties made herein and all obligations of the Borrower Borrowers in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery hereof and of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement hereof and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of the Borrower Borrowers' or any of its the Borrowers' Subsidiaries' Property.

Appears in 2 contracts

Samples: Credit Agreement (International Technology Corp), Credit Agreement (International Technology Corp)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Payment and Disbursement Agent, any of the other Co-Agents or any of the other Lenders may have come into possession or control of any Property of the Borrower or any of its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Simon Debartolo Group Inc)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower Borrowers in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and of the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and hereunder, the termination of this Agreement and the termination of the Commitments hereunder and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of the Borrower Borrowers’ or any of its their Subsidiaries’ Property.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder Loans and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents or any of the other Lenders may have come into possession or control of any Property of the Borrower or any of its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Simon Property Group L P /De/)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower Borrowers in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and of the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and hereunder, the termination of this Agreement and the termination of the Commitments hereunder and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Bank or any of the other Lenders may have come into possession or control of any Property of the Borrower Borrowers’ or any of its their Subsidiaries’ Property.

Appears in 1 contract

Samples: Credit Agreement (NMHG Holding Co)

Survival of Warranties and Agreements. All representations and warranties made herein herein, and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the either Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of the Borrower or any Borrower's Property, except as limited by applicable statutes of its Subsidiarieslimitation.

Appears in 1 contract

Samples: Credit Agreement (Foamex Capital Corp)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder Credit, and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents or any of the other Lenders Lender may have come into possession or control of any Property of the Borrower Borrower's or any of its Subsidiaries' Property.

Appears in 1 contract

Samples: Credit Agreement (Kaynar Holdings Inc)

Survival of Warranties and Agreements. All representations and warranties made herein and all covenants and other obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of the Borrower Borrower's or any of its Subsidiaries' Property.

Appears in 1 contract

Samples: Credit Agreement (Rhi Holdings Inc)

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Survival of Warranties and Agreements. All representations and warranties made herein and all 135 obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Payment and Disbursement Agent, any of the other Agents or any of the other Lenders may have come into possession or control of any Property of the Borrower or any of its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Simon Property Group Inc /De/)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower Borrowers in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Co-Agent, any Issuing Bank or any of the other Lenders may have come into possession or control of any Property of the either Borrower or any Subsidiary of its Subsidiarieseither Borrower.

Appears in 1 contract

Samples: Credit Agreement (Banner Aerospace Inc)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and of the other Loan Documents, the making and repayment of the Loans, the issuance and discharge termination of Letters of Credit hereunder this Agreement and the termination of this Agreement the Commitments hereunder and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Agent or any of the other Lenders may have come into possession or control of any Property of the Borrower Borrower’s or any of its Subsidiaries’ Property.

Appears in 1 contract

Samples: Credit Agreement (NMHG Holding Co)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower Borrowers and Holdings in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery hereof and of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement the Commitments hereunder and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of Holdings',the Company's or the Borrower or any of its Company's Subsidiaries' Property.

Appears in 1 contract

Samples: Credit Agreement (Muehlstein Holding Corp)

Survival of Warranties and Agreements. All representations and warranties made herein and all covenants and other obligations of the Borrower Borrowers in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Collateral Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of the Borrower any Borrower's or any of its Subsidiaries' Property.

Appears in 1 contract

Samples: Credit Agreement (Fairchild Corp)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower Borrowers in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and of the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and hereunder, the termination of this Agreement and the termination of the Commitments hereunder and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of the Borrower Borrowers' or any of its their Subsidiaries' Property.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower Borrowers in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery hereof and of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement hereof and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Bank or any of the other Lenders may have come into possession or control of any 109 Property of the Borrower or any of its SubsidiariesBorrower.

Appears in 1 contract

Samples: Credit Agreement (Barneys New York Inc)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of the Borrower or any of its SubsidiariesProperty.

Appears in 1 contract

Samples: Credit Agreement (Aviation Sales Co)

Survival of Warranties and Agreements. All representations and warranties made herein and all obligations of the Borrower Borrowers in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery hereof and of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement hereof, and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents Issuing Banks or any of the other Lenders may have come into possession or control of any Property of the Borrower Company's or any of its Subsidiaries' Property.

Appears in 1 contract

Samples: Credit Agreement (Hexcel Corp /De/)

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