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 Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to Lender.

Appears in 3 contracts

Samples: Loan Agreement (RBX Corp), Loan Agreement (RBX Industries Inc), Loan Agreement (RBX Corp)

AutoNDA by SimpleDocs

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements Loan Documents shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender the Agent and the Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender the Agent and the Lenders regardless of any investigation made or information possessed by Lenderthe Agent or the Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor the Loan Parties shall now or hereafter give, or cause to be given, to Lenderthe Agent and/or the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender on the date of each additional borrowing or other credit accommodation hereunder (except for representations and warranties given as of a specific date) and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Collegiate Pacific Inc), Loan and Security Agreement (Sport Supply Group Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Agent and Lenders on the date of each additional borrowing loan, advance or other letter of credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender 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 Borrower or Guarantor shall now or hereafter give, or cause to be given, to Agent or any Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Delta Apparel Inc), Loan and Security Agreement (Delta Apparel Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Agent and Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender 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 Borrower or Guarantor Borrowers shall now or hereafter give, or cause to be given, to LenderAgent and Lenders.

Appears in 2 contracts

Samples: Loan and Security Agreement (Pc Mall Inc), Loan and Security Agreement (Pc Mall Inc)

Survival of Warranties; Cumulative. All representations and ---------------------------------- warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Agent and Lender on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Agent and Lender regardless of any investigation made or information possessed by Agent and Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to Agent and Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Zany Brainy Inc), Loan and Security Agreement (Zany Brainy Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Agent and Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender Agent and Lenders regardless of any investigation made or information possessed by LenderAgent and Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to LenderAgent and Lenders.

Appears in 2 contracts

Samples: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Payless Cashways Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Lender, and to be true and correct in all material respects, on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Source Interlink Companies Inc), Loan and Security Agreement (Source Interlink Companies Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender on the date of each additional borrowing or other credit accommodation hereunder hereunder, except to the extent that such representation or warranty expressly by its terms relates to an earlier date, and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Eagle Food Centers Inc), Loan and Security Agreement (Eagle Food Centers Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- ----------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which each Borrower or Guarantor shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Dh Apparel Co Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Agents and Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender Agents and Lenders regardless of any investigation made or information possessed by any Agent or Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to any Agent or Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Quadrax Corp)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements to which Borrower is a party shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender on the date of each additional borrowing or other credit accommodation hereunder under the Loan Agreement and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: General Security Agreement (SMTC Corp)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Agent and Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender Agent and Lenders regardless of any investigation made or information possessed by LenderAgent and/or Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor the Borrowers shall now or hereafter give, or cause to be given, to LenderAgent and/or Lenders.

Appears in 1 contract

Samples: Loan Agreement (SMTC Corp)

Survival of Warranties; Cumulative. All representations and ---------------------------------- warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Agent and Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender Agent 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 Borrower or Guarantor Borrowers shall now or hereafter give, or cause to be given, to Agent or any Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Charming Shoppes Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- ----------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Delta Apparel Inc)

AutoNDA by SimpleDocs

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Agent and Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender Agent and Lenders regardless of any investigation made or information possessed by LenderAgent and Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor Borrowers shall now or hereafter give, or cause to be given, to LenderAgent and Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Edison Brothers Stores Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Agent and Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender Agent and Lenders regardless of any investigation made or information possessed by LenderAgent and Lenders. 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 LenderAgent and Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (MTS Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender on the date of each additional borrowing or other credit accommodation hereunder hereunder, except for those representations and warranties expressly limited by the phrase "as of the date hereof," and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor Borrowers shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Reunion Industries Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender on the date of each additional borrowing or other credit accommodation hereunder hereunder, except for those representations and warranties expressly limited by the phrase "as of the date hereof," and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Alliance Gaming Corp)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Agent and Lender on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Agent and Lender regardless of any investigation made or information possessed by Agent and Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor Borrowers shall now or hereafter give, or cause to be given, to Agent and Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Damark International Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements Loan Documents shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender the Agent and the Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender the Agent and Lenders regardless of any investigation made or information possessed by Lenderthe Agent or Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor the Loan Parties shall now or hereafter give, or cause to be given, to Lenderthe Agent and/or the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Clean Harbors Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and in accordance with Section 4.2(a) hereof shall be deemed to have been made again to Lender on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender regardless of any investigation made or information possessed by 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 Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Little Switzerland Inc/De)

Survival of Warranties; Cumulative. (a) All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Agent and Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender 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 (Thane International Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements Loan Documents shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender the Agent and the Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender the Agent and the Lenders regardless of any investigation made or information possessed by Lenderthe Agent or the Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which Borrower or Guarantor the Loan Parties shall now or hereafter give, or cause to be given, to Lender.the Agent and/or the Lenders. 9.2

Appears in 1 contract

Samples: Credit Agreement (Clean Harbors Inc)

Survival of Warranties; Cumulative. All representations and warranties ---------------------------------- contained in this Agreement or any of the other Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to Lender Agent and Lenders on the date of each additional borrowing or other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Lender 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 Borrower or Guarantor shall now or hereafter give, or cause to be given, to Agent or any Lender. This Section 8.18 shall not be construed to modify the terms of Section 4.2(a) hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Aep Industries Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!