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

Survival of Warranties and Certain Agreements. (A) All representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by Agent and Lenders regardless of any investigation made by Agent or any Lender or on any of their behalves and notwithstanding that Agent or any Lender may have had notice or knowledge of any breach of a representation or warranty, and shall continue in full force and effect as long as any Obligation (other than unasserted claims for indemnification or expense reimbursement) shall remain outstanding. (B) This Agreement and the Loan Documents shall remain in full force and effect until such time as the Obligations have been paid and satisfied in full, at which time this Agreement shall be terminated; provided, however, that the agreements set forth in Sections 9.3 and 9.4 (and any guaranty by the Guarantors of the Obligations of Borrower with respect to such Sections 9.3 and 9.4) shall survive termination of this Agreement. Notwithstanding the foregoing, this Agreement and the Loan Documents shall continue to be effective or be automatically reinstated, as the case may be, if at any time payment, in whole or in part, of any of the Obligations is rescinded or must otherwise be restored or returned by Agent or any Lender as a preference, fraudulent conveyance or otherwise, all as though such payment had not been made.

Survival of Warranties and Certain Agreements. (A) All representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by Agent and Lenders Lender regardless of any investigation made by Agent or any Lender or on any of their behalves its behalf and notwithstanding that Agent or any Lender may have had notice or knowledge of any breach of a representation or warranty, and shall continue in full force and effect as long as any Obligation (other than unasserted claims for indemnification or expense reimbursement) shall remain outstanding. (B) This Agreement and the Loan Documents shall remain in full force and effect until such time as the Obligations have been indefeasibly paid and satisfied in full, at which time this Agreement shall be terminated; provided, however, that the agreements set forth in Sections 9.3 8.3 and 9.4 8.4 (and any guaranty by the Guarantors of the Obligations of Borrower with respect to such Sections 9.3 8.3 and 9.48.4) shall survive termination of this Agreement. Notwithstanding the foregoing, this Agreement and the Loan Documents shall continue to be effective or be automatically reinstated, as the case may be, if at any time payment, in whole or in part, of any of the Obligations is rescinded or must otherwise be restored or returned by Agent or any Lender as a preference, fraudulent conveyance or otherwise, all as though such payment had not been made.

Survival of Warranties and Certain Agreements. (A) All 14.8.1. Any liability of the Issuers for any breach of, or inaccuracy in, the representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith by it herein shall survive the execution and delivery hereof of this Agreement and thereof. Such representations the sale and warranties have been or will be relied upon by Agent delivery of the Securities hereunder, including the execution and Lenders regardless delivery of any investigation made by Agent or any Lender or on any of their behalves and notwithstanding that Agent or any Lender may have had notice or knowledge of any breach of a representation or warrantythe Securities, and shall continue in full force and effect as long as until no Securities remain outstanding; provided, that if all or any Obligation (other than unasserted claims part of any payment for indemnification or expense reimbursement) the Notes is set aside, the Note Issuer shall remain outstandingliable for any breach of, or inaccuracy in, the representations and warranties made by it herein as if no such payment had been made. (B) This 14.8.2. Any liability of the Issuers for any breach of or default in the performance of the agreements made by it herein shall survive the execution and delivery of this Agreement and the Loan Documents sale and delivery of the Securities hereunder, including the execution and delivery of the Notes, and shall continue until no Securities remain in full force and effect until such time as the Obligations have been paid and satisfied in full, at which time this Agreement shall be terminatedoutstanding; provided, howeverthat if all or part of any payment for the Notes is set aside, that the Note Issuer shall remain liable for any breach of or default in the performance of such agreements. 14.8.3. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of the Issuers set forth in Sections 9.3 14.1 and 9.4 (and any guaranty by 14.2 shall survive the Guarantors payment of the Obligations Notes, the redemption, cancellation, or exchange of Borrower with respect to such Sections 9.3 the Securities, and 9.4) shall survive the termination of this Agreement. 14.8.4. Notwithstanding Any liability of any Purchaser for any breach of, or inaccuracy in, the foregoing, representations and warranties made by it herein shall survive the execution and delivery of this Agreement and the Loan Documents sale and delivery of the Securities hereunder, including the execution and delivery of the Notes, and shall continue to be effective or be automatically reinstated, as the case may be, if at any time payment, in whole or in part, of any of the Obligations is rescinded or must otherwise be restored or returned by Agent or any Lender as a preference, fraudulent conveyance or otherwise, all as though such payment had not been madeuntil no Securities remain outstanding.

Survival of Warranties and Certain Agreements. (A) All representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by Agent and Lenders Lender regardless of any investigation made by Agent or any Lender or on any of their behalves its behalf and notwithstanding that Agent or any Lender may have had notice or knowledge of any breach of a representation or warranty, and shall continue in full force and effect as long as any Obligation (other than unasserted claims for indemnification or expense reimbursement) shall remain outstanding. (B) This Agreement and the Loan Documents shall remain in full force and effect until such time as the Obligations have been indefeasibly paid and satisfied satisfied, in cash, in full, at which time this Agreement shall be terminated; provided, however, that the agreements provisions set forth in Sections 9.3 2.10(c), 8.3 and 9.4 8.4 (and any guaranty by the Guarantors of the Obligations of Borrower Borrowers and/or Loan Parties with respect to such Sections 9.3 2.10(c), 8.3 and 9.48.4) shall survive termination of this Agreement. Notwithstanding the foregoing, this Agreement and the Loan Documents shall continue to be effective or be automatically reinstated, as the case may be, if at any time payment, in whole or in part, of any of the Obligations is rescinded or must otherwise be restored or returned by Agent or any Lender as a preference, fraudulent conveyance or otherwise, all as though such payment had not been made.

Survival of Warranties and Certain Agreements. (A) All representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by Agent and Lenders Lender regardless of any investigation made by Agent or any Lender or on any of their behalves its behalf and notwithstanding that Agent or any Lender may not have had notice or knowledge of any breach of a representation or warranty, and shall continue in full force and effect as long as any Obligation (other than unasserted claims for indemnification or expense reimbursement) shall remain outstanding. (B) This Agreement and the other Loan Documents shall remain in full force and effect until such time as the Obligations have been indefeasibly paid and satisfied in cash, in full, at which time this Agreement shall be terminated; provided, however, that the agreements provisions set forth in Sections 9.3 2.10(C), 8.4, 8.5, 8.8, 8.19 and 9.4 8.20 (and any guaranty by the Guarantors of the Obligations of Borrower with respect to such Sections 9.3 2.10(C), 8.4, 8.5, 8.19 and 9.48.20) shall survive termination of this Agreement. Notwithstanding the foregoing, this Agreement and the other Loan Documents shall continue to be effective or be automatically reinstated, as the case may be, if at any time payment, in whole or in part, of any of the Obligations is rescinded or must otherwise be restored or returned by Agent or any Lender as a preference, fraudulent conveyance or otherwise, all as though such payment had not been made.

Survival of Warranties and Certain Agreements. (A) All representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by Agent and Lenders each Finance Party regardless of any investigation made by Agent or any Lender Finance Party or on any of their behalves its behalf and notwithstanding that Agent or any Lender a Finance Party may have had notice or knowledge Knowledge of any breach of a representation or warranty, and shall continue in full force and effect as long as any Obligation (other than unasserted claims for indemnification or expense reimbursement) shall remain outstanding. (B) This Agreement and the other Loan Documents shall remain in full force and effect until such time as the Obligations have been indefeasibly paid and satisfied in cash, in full, at which time this Agreement shall be terminated; provided, however, that the agreements provisions set forth in Sections 9.3 and 9.4 (and 2.12(C), 8.3, 8.4and 8.7(and any guaranty by the Guarantors of the Obligations of Borrower Borrowers with respect to such Sections 9.3 and 9.42.12(C)), 8.3, 8.4and 8.7) shall survive termination of this Agreement. Notwithstanding the foregoing, this Agreement and the other Loan Documents shall continue to be effective or be automatically reinstated, as the case may be, if at any time payment, in whole or in part, of any of the Obligations is rescinded or must otherwise be restored or returned by Agent or any Lender as a preference, fraudulent conveyance or otherwise, all as though such payment had not been made.