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, any investigation made by or on behalf of Lender, or any Borrowing hereunder, and shall be deemed to have been made again to Lender on the date of each additional Borrowing or other credit accommodation under this Agreement, except to the extent such representations and warranties expressly relate 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 Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth in this Agreement and in the other Loan Documents shall be cumulative and shall be in addition to any other representations or warranties which Borrower shall now or hereafter give, or cause to be given, to Lender.

Appears in 5 contracts

Samples: Possession Loan and Security Agreement (PRB Energy, Inc.), Loan and Security Agreement (PRB Energy, Inc.), Loan and Security Agreement (United Development Funding III, LP)

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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, any investigation made by or on behalf of Lender, or any Borrowing hereunder, Agreement and shall be deemed to have been made again to Lender on the date of each additional Borrowing borrowing or other credit accommodation under this Agreementhereunder, except with respect to, and to the extent that, such representations and warranties are expressly relate made as of a particular date or there are changes with respect to an earlier date (the matters referenced in which case such representations and warranties shall have been true after the date made that do not and accurate on will not otherwise cause a Default or Event of Default hereunder and as of such earlier date), representations and warranties 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 in this Agreement and in the other Loan Documents herein shall be cumulative and shall be in addition to any other representations or warranties which Borrower or any Obligor shall now or hereafter give, or cause to be given, to Lender.

Appears in 3 contracts

Samples: Loan Agreement (Mad Catz Interactive Inc), Loan Agreement (Mad Catz Interactive Inc), Loan Agreement (Mad Catz Interactive Inc)

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, any investigation made by or on behalf of Lender, or any Borrowing hereunder, Agreement and shall be deemed to have been made again to Lender on the date of each additional Borrowing borrowing or other credit accommodation under this Agreementhereunder, 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 Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth in this Agreement and in the other Loan Documents herein shall be cumulative and shall be in addition to any other representations or warranties which Borrower shall now or hereafter give, or cause to be given, to Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Value Financial Services, Inc.), Loan and Security Agreement (Findwhat Com Inc)

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, any investigation made by or on behalf of Lender, or any Borrowing hereunder, Agreement and shall be deemed to have been made again to Lender on the date of each additional Borrowing borrowing or other credit accommodation under this Agreementhereunder, except with respect to, and to the extent that, such representations and warranties are expressly relate made as of a particular date or there are changes with respect to an earlier date (the matters referenced in which case such representations and warranties shall have been true after the date made that do not and accurate on will not otherwise cause a Default or Event of Default hereunder and as of such earlier date), representations and warranties 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 in this Agreement and in the other Loan Documents herein shall be cumulative and shall be in addition to any other representations or warranties which Borrower shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan Agreement (Mad Catz Interactive Inc)

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, any investigation made by or on behalf of Lender, or any Borrowing hereunder, Agreement and shall be deemed to have been made again to Lender Agent and Lenders on the date of each additional Borrowing borrowing or other credit accommodation under this AgreementLetter of Credit issued hereunder (or any amendment to any Letter of Credit), 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 Lender Agent and Lenders regardless of any investigation made or information possessed by Agent or any Lender. The representations and warranties set forth in this Agreement and in the other Loan Documents herein 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 (Officemax 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, any investigation made by or on behalf of Lenderany member of the Lender Group, or any Borrowing hereunder, and shall be deemed to have been made again to Lender Lenders on the date of each additional Borrowing or other credit accommodation under this Agreement, except to the extent such representations and warranties expressly relate to an earlier date (in which case such representations and warranties shall have been true and accurate in all material respects on and as of such earlier date), and shall be conclusively presumed to have been relied on by Lender Lenders regardless of any investigation made or information possessed by any Lender. The representations and warranties set forth in this Agreement and in the other Loan Documents shall be cumulative and shall be in addition to any other representations or warranties which Borrower shall now or hereafter give, or cause to be given, to LenderLenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Anchor Funding Services, Inc.)

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, any investigation made by or on behalf of Lender, or any Borrowing hereunder, Agreement and shall be deemed to have been made again to Lender on the date of each additional Borrowing borrowing or other credit accommodation under this Agreement, hereunder (except to the extent that such representations and warranties expressly relate solely to an earlier date (date, in which case such representations and warranties shall have been true and accurate on and correct in all material respects as of such 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 in this Agreement and in the other Loan Documents herein shall be cumulative and shall be in addition to any other representations or warranties which Borrower shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Startec Global Communications Corp)

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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, any investigation made by or on behalf of Lender, or any Borrowing hereunder, Agreement and shall be deemed to have been made again to Lender on the date of each additional Borrowing borrowing or other credit accommodation under this Agreementhereunder, 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 Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth in this Agreement and in the other Loan Documents herein shall be cumulative and shall be in addition to any other representations or warranties which Borrower Borrowers and Guarantors shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Huntco Inc)

Survival of Warranties; Cumulative. All representations representa- tions and warranties contained in this Agreement or any of the other Loan Documents Financing Agreements shall survive the execution and delivery of this Agreement, any investigation made by or on behalf of Lender, or any Borrowing hereunder, Agreement and shall be deemed to have been made again to Lender on the date of each additional Borrowing borrowing or other credit accommodation under this Agreement, hereunder (except to the extent such representations and warranties representation or warranty expressly relate relates to an earlier date (a specified date, in which case such representations and warranties representation or warranty shall have been true and accurate on and be deemed made again as of such earlier specified 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 in this Agreement and in the other Loan Documents herein shall be cumulative and shall be in addition to any other representations or warranties which any Borrower shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Trans World Entertainment Corp)

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, any investigation made by or on behalf of Lender, or any Borrowing borrowing hereunder, and shall be deemed to have been made again to Lender on the date of each additional Borrowing borrowing or other credit accommodation under this Agreement, except to the extent such representations and warranties expressly relate 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 Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth in this Agreement and in the other Loan Documents shall be cumulative and shall be in addition to any other representations or warranties which Borrower either Obligor shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (CCC Globalcom Corp)

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, any investigation made by or on behalf of Lender, or any Borrowing hereunder, Agreement and shall be deemed to have been made again to Lender on the date of each additional Borrowing borrowing or other credit accommodation under this Agreementhereunder, 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 Lender regardless of any investigation made or information possessed by Lender. The representations and warranties set forth in this Agreement and in the other Loan Documents herein shall be cumulative and shall be in addition to any other representations or warranties which a Borrower shall now or hereafter give, or cause to be given, to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Titanium Metals Corp)

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