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

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers set forth in Sections 2.1(f), 2.5, 2.10, and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 shall survive the payment of the Loans and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Loan and Agency Agreement (Intermagnetics General Corp)

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Survival of Warranties and Certain Agreements. 11.6.1. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder Agreement and the execution and delivery of the NotesNote, and shall continue until the repayment of the Note and the Loan Obligations in full; provided, that, if all or any part of such payment is -------- ---- set aside, the representations and warranties contained herein shall continue as if no such payment had been made. 11.6.2. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers Company set forth in Sections 2.1(f), 2.5, 2.10, 11.1 and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 ------------- 11.2 shall survive the payment of the Loans Note and the termination of this ---- Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers set forth in Sections 2.1(f), 2.5, 2.10, and 12.8, all Inchoate Indemnity Obligations and the agreements of the Banks Borrower with respect thereto and otherwise set forth in Sections 9.1subsections 2.2(H), 9.5 2.8, 2.9, 10.1, 10.2 and 12.7 10.16 and the agreements of Lenders set forth in subsection 9.3 shall survive the payment of the Loans and the termination of this Agreement. This Subject to subsection 10.8, all other representations, warranties and agreements of Borrower, Agent and Lenders set forth in this Agreement shall remain in full force terminate upon payment of the Loans and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Documentthis Agreement.

Appears in 1 contract

Samples: Credit Agreement (Krystal Company)

Survival of Warranties and Certain Agreements. 10.6.1 All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder Agreement and the execution and delivery of the Notes. , and shall continue until the repayment of the Notes and the Loan Obligations in full; provided that if all or any part of such payment is set aside, the representations and warranties contained herein shall continue for the applicable statute of limitations period as if no such payment had been made. 10.6.2 Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers Transaction Parties set forth in Sections 2.1(f), 2.5, 2.10, 10.1 and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 10.2 10.6.3 shall survive the payment of the Loans Notes and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (GTCR Fund Vii Lp)

Survival of Warranties and Certain Agreements. 10.6.1. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder Agreement and the execution and delivery of the Notes, and shall continue until the repayment of the Notes and the Loan Obligations in full; provided that if all or any part of such payment -------- ---- is set aside, the representations and warranties contained herein shall continue for the applicable statute of limitations period as if no such payment had been made. 10.6.2. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers Company set forth in Sections 2.1(f), 2.5, 2.10, 10.1 and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 10.2 ---------------------- shall survive the payment of the Loans Notes and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Junior Subordinated Loan Agreement (U S Aggregates Inc)

Survival of Warranties and Certain Agreements. 11.6.1. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder Agreement and the execution and delivery of the NotesNote, and shall continue until the repayment of the Note and the Loan Obligations in full; provided, that, if all or any part of such payment is set aside, the representations and warranties contained herein shall continue as if no such payment had been made. 11.6.2. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers Company set forth in Sections 2.1(f), 2.5, 2.10, 11.1 and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 11.2 shall survive the payment of the Loans Note and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (Synagro Technologies Inc)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder and the execution and delivery of the NotesNotes and shall continue until repayment of the Notes and the Obligations under this Agreement and the Notes in full; provided, that if all or any part of such payment is set aside, the representations and warranties in the Loan Documents shall continue as if no such payment had been made. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers set forth in Sections 2.1(f), 2.5, 2.10, 9.2 and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 9.3 shall survive the payment of the Loans and the Notes and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Third Secured Term Loan Agreement (MSX International Inc)

Survival of Warranties and Certain Agreements. 11.6.1. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder Agreement and the execution and delivery of the Notes, and shall continue until the repayment of the Notes and the Loan Obligations in full; provided, that, if all or any part of such payment is set aside, the representations and warranties contained herein shall continue as if no such payment had been made. 11.6.2. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers Company set forth in Sections 2.1(f), 2.5, 2.10, 11.1 and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 11.2 shall survive the payment of the Loans Notes and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (Synagro Technologies Inc)

Survival of Warranties and Certain Agreements. 11.6.1. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder Agreement and the execution and delivery of the Notes, and shall continue until the repayment of the Notes and the Loan Obligations in full; provided, that, if all or any part of such payment -------- ---- is set aside, the representations and warranties contained herein shall continue as if no such payment had been made. 11.6.2. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers Company set forth in Sections 2.1(f), 2.5, 2.10, 11.1 and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 ------------- 11.2 shall survive the payment of the Loans Notes and the termination of this ---- Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder and the execution and delivery of the NotesNotes and shall continue until repayment of the Notes and the Obligations in full; provided, that if all or any part of such payment is set aside, the representations and warranties in the Loan Documents shall continue as if no such payment had been made. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers set forth in Sections 2.1(f), 2.5, 2.10, 8.2 and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 8.3 shall survive the payment of the Loans and the Notes and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Secured Term Loan Agreement (MSX International Inc)

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Survival of Warranties and Certain Agreements. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers set forth in Sections 2.1(f)2.11, 2.5, 2.10, 2.12 and 12.89.8, and the agreements of the Banks set forth in Sections 9.18.1, 9.5 8.5 and 12.7 9.7 shall survive the payment of the Loans and the Facility Fee and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (West Co Inc)

Survival of Warranties and Certain Agreements. 11.6.1. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder and the execution and delivery of the NotesNote and the making of the Loans and shall continue until the repayment of the Loans and the Loan Obligations in full; provided that, if all or any part of such payment is set aside, the representations and warranties contained herein shall continue as if no such payment had been made. 11.6.2. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers Borrower set forth in Sections 2.1(f), 2.5, 2.10, 11.1 and 12.8, 11.2 and any other indemnification provisions contained within the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 Loan Documents shall survive the payment of the Loans and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Loan Agreement (Zefer Corp)

Survival of Warranties and Certain Agreements. All covenants, agreements, representations and warranties made or deemed made herein and in the other Note Documents shall survive the execution and delivery of this Agreement, the making of the Loans hereunder and the execution and delivery of the NotesNote(s) hereunder and shall remain in effect until payment in full of the Obligations (other than inchoate indemnity Obligations for which no claim has been made) and termination of all Commitments. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers Issuer set forth in Sections 2.1(f3.5(c), 2.5, 2.109.2, and 12.8, and the agreements 9.3 shall survive repayment of the Banks set forth in Sections 9.1, 9.5 Obligations and 12.7 shall survive the payment of the Loans and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Note Purchase Agreement (Clean Energy Fuels Corp.)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans Loan hereunder and the execution and delivery of the NotesNote and shall continue (but, with respect to representations and warranties, such representations and warranties are made only as of the date when made pursuant to Article 4) until repayment of the Note and the Obligations in full; provided, that if all or any part of such payment is set aside, the representations and warranties in the Loan Documents shall continue as if no such payment had been made. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers Company set forth in Sections 2.1(f), 2.5, 2.10, 8.2 and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 8.3 shall survive the payment of the Loans Loan and the Note and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under any Loan Document.

Appears in 1 contract

Samples: Secured Term Loan Agreement (MSX International Inc)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder and the execution and delivery of the NotesNote. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Borrowers set forth in Sections 2.1(fss.ss.2.8(e), 2.5, 2.10, 2.9 and 12.8, and the agreements of the Banks set forth in Sections 9.1, 9.5 and 12.7 11.8 shall survive the payment of the Loans and the termination of this Agreement. This Agreement shall remain in full force and effect until the latest to occur of the termination of the Aggregate Revolving Loan Commitment or the repayment in full of all amounts owed by the Borrowers under the Notes or any other Loan Document.

Appears in 1 contract

Samples: Credit Agreement (MLC Holdings Inc)

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