Common use of Survival of Warranties and Certain Agreements Clause in Contracts

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment Letter, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company set forth in Sections 12.3, 12.4, 12.14, 12.15, 12.17, 12.19 and 12.22 shall survive the payment of the Loans and the Notes and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment LetterAgreement, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. . Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company Borrower set forth in Sections 12.312.2, 12.4, 12.14, 12.15, 12.17, 12.19 12.3 and 12.22 12.20 and the agreements of the Lenders set forth in Section 12.20 shall survive the payment of the Loans and the Notes and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment LetterAgreement, the making of the Loans Loan hereunder and the execution and delivery of the Notes and, notwithstanding the making of the LoansLoan, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. (b) Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company set forth in Sections 12.311.3, 12.411.4, 12.1411.14, 12.1511.15, 12.1711.17, 12.19 11.19 and 12.22 11.22 shall survive the payment of the Loans Loan and the Notes and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment LetterAgreement, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. (b) Notwithstanding anything in this Agreement or implied by law Law to the contrary, the agreements of the Company Borrower set forth in Sections 12.39.2, 12.49.3, 12.149.13, 12.159.14, 12.17, 12.19 9.16 and 12.22 9.18 shall survive the payment of the Loans and the Notes and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment Letter, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company set forth in Sections 12.310.3, 12.410.4, 12.1410.14, 12.1510.15, 12.1710.17, 12.19 10.19 and 12.22 10.22 shall survive the payment of the Loans and the Notes and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment LetterAgreement, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company Parent Guarantor set forth in Sections 12.310.3, 12.4, 12.14, 12.15, 12.17, 12.19 10.4 and 12.22 10.22 shall survive the payment of the Loans and the Notes and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment LetterAgreement, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. (b) Notwithstanding anything in this Agreement or implied by law Law to the contrary, the agreements of the Company Borrower set forth in Sections 12.310.3, 12.410.4, 12.1410.14, 12.1510.15, 12.17, 12.19 10.17 and 12.22 10.19 shall survive the payment of the Loans and the Notes and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment LetterAgreement, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company set forth in Sections 12.310.2, 12.4, 12.14, 12.15, 12.17, 12.19 10.3 and 12.22 10.21 shall survive the payment of the Loans and the Notes and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. (1) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment LetterAgreement, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. (2) Notwithstanding anything in this Agreement or implied by law Law to the contrary, the agreements of the Company set forth in Sections 12.310.3, 12.410.4, 12.1410.14, 12.1510.15, 12.17, 12.19 10.17 and 12.22 10.19 shall survive the payment of the Loans and the Notes and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment LetterAgreement, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. (b) Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company set forth in Sections 12.2, 12.3, 12.412.13, 12.14, 12.15, 12.17, 12.16 and 12.19 and 12.22 shall survive the payment of the Loans and the Notes and the termination of this Agreement.. 104

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment Letter, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company Borrower set forth in Sections SECTIONS 12.3, 12.4, 12.14, 12.15, 12.17, 12.19 and AND 12.22 shall survive the payment of the Loans and the Notes and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment Letter, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company set forth in Sections 12.3, 12.4, 12.14, 12.15, 12.17, 12.19 and 12.22 shall survive the payment of the Loans and the Notes and the termination of this Agreement.122

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement and the Commitment LetterAgreement, the making of the Loans Senior Loan hereunder and the execution and delivery of the Notes Note and, notwithstanding the making of the LoansSenior Loan, the execution and delivery of the Notes Note or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies.. 107 -101- B. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company set forth in Sections 12.310.3, 12.410.4, 12.1410.14, 12.1510.15, 12.1710.17, 12.19 10.19, 10.21, 10.22, 10.23 and 12.22 10.24 shall survive the payment of the Loans Senior Loan and the Notes Note or Notes, as the case may be, and the termination of this Agreement.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein and in the Commitment Letter shall survive the execution and delivery of this Agreement and the Commitment Letter, the making of the Loans hereunder and the execution and delivery of the Notes and, notwithstanding the making of the Loans, the execution and delivery of the Notes or any investigation made by or on behalf of any party, shall continue in full force and effect. The closing of the transactions herein contemplated shall not prejudice any right of one party against any other party in respect of anything done or omitted hereunder or in respect of any right to damages or other remedies. B. (b) Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Company set forth in Sections 12.310.3, 12.4, 12.14, 12.15, 12.17, 12.19 10.4 and 12.22 10.22 shall survive the payment of the Loans and the Notes and the termination of this Agreement.