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 Agent and Lenders on the date of each additional Loan, advance or Letter of Credit hereunder 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 shall now or hereafter give, or cause to be given, to Agent or any Lender.

Appears in 4 contracts

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

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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 the Agent and the Lenders on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder and shall be conclusively presumed to have been relied on by the Agent and the Lenders regardless of any investigation made or information possessed by the Agent or any Lenderthe Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower the Loan Parties shall now or hereafter give, or cause to be given, to the Agent or any Lenderand/or the Lenders.

Appears in 4 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 Agent and Lenders Lender on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder 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 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 3 contracts

Samples: Loan Agreement (RBX Industries Inc), Loan Agreement (RBX Corp), Loan Agreement (RBX 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 Lenders Lender on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder 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 and Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower shall now or hereafter give, or cause to be given, to Agent or any 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 Agent and Lenders on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder 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 Lenderand Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower shall now or hereafter give, or cause to be given, to Agent or any Lenderand Lenders.

Appears in 2 contracts

Samples: Loan 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 Agent and Lenders on the date of each additional Loanloan, advance or Letter letter of Credit credit accommodation hereunder 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 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 Agent and Lenders on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder 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 Borrowers shall now or hereafter give, or cause to be given, to Agent or any Lenderand 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 Agents and Lenders on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Agent Agents and Lenders regardless of any investigation made or information possessed by any 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 any Guarantor shall now or hereafter give, or cause to be given, to any Agent or any Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.), 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 Agent Agents and Lenders on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder and shall be conclusively presumed to have been relied on by Agent Agents and Lenders regardless of any investigation made or information possessed by any 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 shall now or hereafter give, or cause to be given, to any Agent or any 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 Agent and Lenders on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder 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 Lenderand Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower shall now or hereafter give, or cause to be given, to Agent or any Lenderand Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (MTS Inc)

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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 the Agent and the Lenders on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder and shall be conclusively presumed to have been relied on by the Agent and Lenders regardless of any investigation made or information possessed by the Agent or any LenderLenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower the Loan Parties shall now or hereafter give, or cause to be given, to the Agent or any Lenderand/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 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 Agent and Lenders Lender on the date of each additional Loan, advance borrowing or Letter of Credit hereunder other credit accommodation under the Loan Agreement 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 shall be cumulative and in addition to any other representations or warranties which any Borrower shall now or hereafter give, or cause to be given, to Agent or any 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 Agent and Lenders on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder 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 Lenderand/or Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower the Borrowers shall now or hereafter give, or cause to be given, to Agent or any Lenderand/or Lenders.

Appears in 1 contract

Samples: Us Loan Agreement (SMTC 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 Agent and Lenders on the date of each additional Loan, advance borrowing or Letter of Credit hereunder other credit accommodation under the Loan Agreement 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 LenderAgent. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower shall now or hereafter give, or cause to be given, to Agent or any LenderAgent.

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 Agent and Lenders on the date of each additional Loan, advance borrowing or Letter of Credit other credit accommodation hereunder 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 Lenderand Lenders. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Borrower Borrowers shall now or hereafter give, or cause to be given, to Agent or any Lenderand Lenders.

Appears in 1 contract

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

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