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

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loan hereunder and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions of Sections 2.6, 5.8, 11.1, 11.2, 11.3, 11.12, 11.13 and 11.15 shall survive the payment of the Loan and the termination of this Agreement. Subject to this Section 11.6, all other representations, warranties and agreements of Borrower and Lender set forth in this Agreement shall terminate upon indefeasible payment in full of the Loan and the termination of this Agreement.

Appears in 4 contracts

Samples: Loan and Security Agreement (Lexicon Pharmaceuticals, Inc.), Loan and Security Agreement (Lexicon Pharmaceuticals, Inc./De), Loan and Security Agreement (Alexion Pharmaceuticals Inc)

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Survival of Warranties and Certain Agreements. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loan hereunder and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions of Sections 2.6, 5.8, 11.1, 11.2, 11.3, 11.12, 11.13 and 11.15 shall survive the payment of the Loan and the termination of this Agreement. Subject to this Section 11.6, all other representations, warranties and agreements of Borrower and Lender set forth in this Agreement shall terminate upon indefeasible payment in full of the Loan and the termination of this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (New Athletics, Inc.), Loan and Security Agreement (Equinix Inc)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loan hereunder Loans, and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions agreements of Sections 2.6Borrower set forth in Subsections 1.4 (D), 5.81.11, 11.11.14, 11.29.1, 11.3, 11.12, 11.13 9.14 and 11.15 9.15 shall survive the payment of the Loan Loans and the termination of this Agreement. Subject to this ; provided, however, that Borrower shall have no payment obligation under Section 11.6, all other representations, warranties and agreements 1.11 or 1.14 after termination of Borrower and Lender set forth in this Agreement shall terminate upon indefeasible payment in full unless notice of the Loan and the such obligation pursuant to Section 1.11 or 1.14 was delivered to Borrower prior to termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (D&e Communications Inc)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loan Loans hereunder and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions of Sections 2.6, 5.85.7, 11.19.1, 11.29.2, 11.3, 11.12, 11.13 9.3 and 11.15 9.14 shall survive the payment of the Loan Loans and the termination of this Agreement. Subject to this Section 11.69.6, all other representations, warranties and agreements of Borrower and Lender set forth in this Agreement shall terminate upon indefeasible payment in full of the Loan Loans and the termination of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Hammons John Q Hotels Inc)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loan hereunder and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions of Sections 2.6, 5.8, 11.1, 11.2, 11.3, 11.12, 11.13 11.3 and 11.15 11.12 shall survive the payment of the Loan Loan, satisfaction of the Notes and the termination of this Agreement. Subject to this Section 11.6, all other representations, warranties and agreements of Borrower and Lender set forth in this Agreement shall terminate upon indefeasible payment in full of the Loan and the termination of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Dividend Capital Total Realty Trust Inc.)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loan hereunder and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions of Sections 2.6, 5.8, 11.1, 11.2, 11.3, 11.12, 11.13 11.3 and 11.15 11.12 shall survive the payment of the Loan Loan, satisfaction of the Note and the termination of this Agreement. Subject to this Section 11.6, all other representations, warranties and agreements of Borrower and Lender set forth in this Agreement shall terminate upon indefeasible payment in full of the Loan and the termination of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Dividend Capital Total Realty Trust Inc.)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loan hereunder and the execution and delivery of the NotesNote. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions agreements of Borrower set forth in Sections 2.67.1, 5.87.2, 11.1, 11.2, 11.3, 11.12, 11.13 7.14 and 11.15 7.15 shall survive the payment of the Loan and the termination of this Agreement. Subject to this Section 11.67.8, all other representations, warranties and agreements of Borrower and Lender set forth in this Agreement shall terminate upon indefeasible payment in full of the Loan and the termination of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Equity Inns Inc)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loan 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 provisions agreements of the Borrowers set forth in Sections 2.6, 5.8, 11.1, 11.2, 11.3, 11.12, 11.13 8.2 and 11.15 8.3 shall survive the payment of the Loan Loans and the termination of this Agreement. Subject to this Section 11.6, all other representations, warranties and agreements of Borrower and Lender set forth in this Agreement shall terminate upon indefeasible payment in full of the Loan Notes and the termination of this Agreement.

Appears in 1 contract

Samples: Fourth 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 Loan Loans hereunder and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions agreements of the Borrowers set forth in Sections 2.62.1(f), 5.82.5(a), 11.12.10, 11.2and 10.8, 11.3and the agreements of the Banks set forth in Sections 9.1, 11.12, 11.13 9.5 and 11.15 10.7 shall survive the payment of the Loan Loans and the termination of this Agreement. Subject to this Section 11.6, all other representations, warranties and agreements of Borrower and Lender set forth in this This Agreement shall terminate upon indefeasible payment 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 and the termination of this AgreementDocument.

Appears in 1 contract

Samples: Loan and Agency Agreement (Intermagnetics General 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 Loan Loans hereunder and the execution and delivery of the Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions agreements of the Borrowers set forth in Sections 2.62.1(f), 5.82.5, 11.12.10, 11.2and 12.8, 11.3and the agreements of the Banks set forth in Sections 9.1, 11.12, 11.13 9.5 and 11.15 12.7 shall survive the payment of the Loan Loans and the termination of this Agreement. Subject to this Section 11.6, all other representations, warranties and agreements of Borrower and Lender set forth in this This Agreement shall terminate upon indefeasible payment 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 and the termination of this AgreementDocument.

Appears in 1 contract

Samples: Loan and Agency Agreement (Intermagnetics General Corp)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loan hereunder and the execution and delivery of the NotesNote. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions of Sections 2.6, 5.8, 11.1, 11.2, 11.3, 11.12, 11.13 and 11.15 shall survive the payment of the Loan and the termination of this Agreement. Subject to this Section 11.6, all other representations, warranties and agreements of Borrower and Lender set forth in this Agreement shall terminate upon indefeasible payment in full of the Loan and the termination of this Agreement.

Appears in 1 contract

Samples: Development Loan and Security Agreement (Equinix Inc)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loan hereunder and the execution and delivery of the NotesNote. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions of Sections 2.6, 5.82.9, 11.19.1, 11.2, 11.3, 11.12, 11.13 9.3 and 11.15 9.14 shall survive the payment of the Loan and the termination of this Agreement. Subject to this Section 11.69.6, all other representations, warranties and agreements of Borrower and Lender set forth in this Agreement shall terminate upon indefeasible payment in full of the Loan and the termination of this AgreementLoan.

Appears in 1 contract

Samples: Loan Agreement (JQH Acquisition, LLC)

Survival of Warranties and Certain Agreements. All agreements, representations and warranties expressly made herein shall survive the execution and delivery of this Agreement, the making of the Loan Loans hereunder and the execution and delivery of the NotesNote. Notwithstanding anything in this Agreement or implied by law to the contrary, the provisions agreements of Sections 2.6, 5.8, 11.1, 11.2, 11.3, 11.12, 11.13 and 11.15 Borrowers set forth in ss. 11.8 shall survive the payment of the Loan Loans and the termination of this Agreement. Subject to this Section 11.6, all other representations, warranties and agreements of Borrower and Lender set forth in this This Agreement shall terminate upon indefeasible payment remain in full force and effect until the repayment in full of all amounts owed by Borrowers under the Notes or any other Loan Document and the termination of this Agreementthe Loan Commitment of each Bank.

Appears in 1 contract

Samples: Credit Agreement (Matlack Systems Inc)

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