Common use of Survival of Warranties; Cumulative Clause in Contracts

Survival of Warranties; Cumulative. All representations and warranties contained in this Agreement or any of the other Loan Documents shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Agent, Lenders and Issuing Bank on the date of the request for any Loan or any issuance, amendment, renewal or extension of a Letter of Credit and on the date of each additional Loan or such issuance, amendment, renewal or extension, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate on and as of such earlier date) and shall be conclusively presumed to have been relied on by Agent and Lenders regardless of any investigation made or information possessed by Agent or any Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower or Guarantor shall now or hereafter give, or cause to be given, to Agent or any Lender.

Appears in 4 contracts

Samples: Loan and Security Agreement (Nu Horizons Electronics Corp), Loan and Security Agreement (Amh Holdings, LLC), Loan and Security Agreement (Associated Materials, LLC)

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Survival of Warranties; Cumulative. All representations and warranties contained in this Agreement or any of the other Loan Documents Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Agent, Agent and Lenders and Issuing Bank on the date of the request for any Loan or any issuance, amendment, renewal or extension of a Letter of Credit and on the date of each additional Loan borrowing or such issuance, amendment, renewal or extension, other credit accommodation hereunder (except (i) to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate on and as of such earlier date) and (ii) with respect to any changes in the representations and warranties resulting from any actions, sales, mergers, acquisitions, dispositions or other transactions permitted by this Agreement or consented to by the Required Lenders or all Lenders, as applicable) and shall be conclusively presumed to have been relied on by Agent and Lenders regardless of any investigation made or information possessed by Agent or any Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower or Guarantor Borrowers shall now or hereafter give, or cause to be given, to Agent or any Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Charming Shoppes Inc), Loan and Security Agreement (Charming Shoppes Inc)

Survival of Warranties; Cumulative. All representations and warranties contained in this Agreement or any of the other Loan Documents shall survive the execution and delivery of this Agreement Agreement, any investigation made by or on behalf of Lender, or any Borrowing hereunder, and shall be deemed to have been made again to Agent, Lenders and Issuing Bank on the date of the request for any Loan or any issuance, amendment, renewal or extension of a Letter of Credit and Lender on the date of each additional Loan Borrowing or such issuance, amendment, renewal or extensionother credit accommodation under this Agreement, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate on and as of such earlier date) or have been subsequently expressly amended (in which case such representations and warranties shall have been true and accurate from and after the date of such amendment), and shall be conclusively presumed to have been relied on by Agent and Lenders Lender regardless of any investigation made or information possessed by Agent or any Lender. The representations and warranties set forth herein in this Agreement and in the other Loan Documents shall be cumulative and shall be in addition to any other representations or warranties which any Borrower or Guarantor shall now or hereafter give, or cause to be given, to Agent or any Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Z Tel Technologies Inc)

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Survival of Warranties; Cumulative. All representations and warranties contained in this Agreement or any of the other Loan Documents shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Agent, Lenders and Issuing Bank on the date of the request for any Revolving Loan or any issuance, amendment, renewal or extension of a Letter of Credit and on the date of each additional Revolving Loan or such issuance, amendment, renewal or extension, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate on and as of such earlier date) and shall be conclusively presumed to have been relied on by Agent and Lenders regardless of any investigation made or information possessed by Agent or any Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower or Guarantor shall now or hereafter give, or cause to be given, to Agent or any Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Adc Telecommunications Inc)

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