Survival of Warranties, Etc. All of the Borrower's covenants, agreements, representations and warranties made in connection with this Agreement and any document contemplated hereby shall survive the borrowing and the delivery of the Notes and shall be deemed to have been relied upon by the Bank, notwithstanding any investigation heretofore or hereafter made by the Bank. All statements contained in any certificate or other document delivered to the Bank at any time by or on behalf of the Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower in connection with this Agreement.
Survival of Warranties, Etc. All agreements, representations and warranties made herein shall survive the execution and delivery of this Mortgage.
Survival of Warranties, Etc. All of the Borrower's covenants, agreements, representations and warranties made in connection with this Agreement and any document contemplated hereby shall survive the making of Advances and the delivery of the Notes hereunder and shall be deemed to have been relied upon by the Lender, notwithstanding any investigation heretofore or hereafter made by the Lender. All statements contained in any certificate or other document delivered to the Lender at any time by or on behalf of the Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower in connection with this Agreement.
Survival of Warranties, Etc. 8.6.1 All of the Sellers' representations and warranties contained in Section 8.3 (other than those contained in subsections 8.3.1, 8.3.2, 8.3.3, 8.3.4 and 8.3.5, all of which shall survive the Closing without limitation as to time), and all certifications, representations and warranties made by the Sellers in the Sellers' certificate delivered to Purchaser pursuant to subsection 8.6.3 and in any Sellers' Estoppel Letter, shall survive until one (1) year after the date of the Closing; provided, however, that the Sellers' liability for any breach of such warranties, representations and certifications shall not expire as to any breach or alleged breach thereof if notice of such breach or alleged breach (which notice must, with reasonable specificity, describe the facts causing or leading to such breach or alleged breach) is given by Purchaser to the Sellers prior to one (1) year after the date of the Closing and, if such notice is given, legal proceedings are instituted in respect of such breach or alleged breach within six (6) months after such notice is given. All representations, warranties and certificates of the Sellers covered by the preceding sentence (including the first parenthetical clause thereof) are collectively referred to herein as "Sellers' Representations."
8.6.2 Notwithstanding anything to the contrary set forth in this Article 8, but subject to the last sentence of this subsection 8.6.2, (i) the Sellers shall have no liability to Purchaser for breach of any Sellers' Representation unless, and only to the extent that, (x) Sellers' liability for such breach shall not have expired pursuant to subsection 8.6.1 above and (y) the damages suffered by Purchaser by reason of all such breaches, together with the damages suffered by Purchaser by reason of all breaches of representations and warranties made by VCR in Section 17.1 of the Casino Level Master Lease ("VCR's Representations"), exceed $2,500,000 in the aggregate (the "Basket") (inclusive of damages in respect of breaches discovered prior to the Closing (other than any such damages in excess of the Preclosing Basket but less than the Basket), which breaches are discussed in more detail in Section 11.1), (ii) in no event shall the Sellers be liable to Purchaser for consequential, indirect or punitive damages in respect of any such breach and (iii) in no event shall the Sellers' and VCR's aggregate liability to Purchaser for all such breaches (inclusive of damages in respect of breaches discov...
Survival of Warranties, Etc. Notwithstanding any investigation made by or on behalf of either party, all warranties and representations of the parties contained herein or in documents or certificates delivered pursuant hereto on or prior to the closing, and all agreements hereunder which shall not have been fully performed at or prior to the closing, shall survive the closing and the consummation at the closing of the transactions herein provided to be consummated at the closing. (k) AMENDMENT This Agreement may be amended only by a writing signed by both parties hereto.
Survival of Warranties, Etc. All of Borrower's covenants, agreements, representations and warranties made in connection with this Agreement and any document contemplated hereby shall survive the borrowing and the delivery of the Revolving Credit Note hereunder and shall be deemed to have been relied upon by the Agent and each of the Banks, notwithstanding any investigation heretofore or hereafter made by the Agent or any of the Banks. All statements contained in any certificate or other document delivered to the Agent or any of the Banks at any time by or on behalf of Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by Borrower in connection with this Agreement.
Survival of Warranties, Etc. All of Borrower’s and any other Loan Party’s covenants, agreements, representations and warranties made in connection with this Agreement and certificate, report, financial statement or other document furnished by or on behalf of Borrower in connection with this Agreement shall survive the borrowing and the delivery of the Note(s) hereunder and shall be deemed to have been relied upon by Bank, notwithstanding any investigation heretofore or hereafter made by Bank. All statements contained in any certificate or other document delivered to Bank at any time by or on behalf of Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by Borrower in connection with this Agreement and shall survive Payment-in-Full.
Survival of Warranties, Etc. The representations and warranties of the parties hereto contained in this Agreement or otherwise made in writing in connection with the transactions contemplated hereby shall survive the execution and delivery of this Agreement and the Closing Date. Such representations and warranties shall expire on the last day, if any, that claims for breaches of such representations or warranties may be made pursuant to Section XI hereof, except that any such representation or warranty that has been made the subject of a claim prior to such expiration date shall survive with respect to such claim until the final resolution of such claim pursuant to Section XI hereof.
Survival of Warranties, Etc. The indemnity and contribution ---------------------------- agreements contained in paragraph II hereof and the representations, warranties and other statements of the Company in this agreement, or made pursuant to this agreement, shall remain in full force and effect regardless of (i) any termination of this agreement, (ii) any investigation made by or on behalf of any Underwriter or controlling person or by or on behalf of the Company, or any of the officers, directors or controlling persons and (iii) acceptance of and payment for the Bonds hereunder.
Survival of Warranties, Etc. All of Companies' covenants, agreements, representations and warranties made in connection with this Agreement and any document contemplated hereby shall survive the borrowing and the delivery of the Seasoned Warehouse Notes hereunder, shall be deemed republished by Companies on the date of each Request for a Revolving Loan and again on the date that each Borrowing is funded, and shall be deemed to have been relied upon by the Seasoned Warehouse Agent and the Lenders, notwithstanding any investigation heretofore or hereafter made by the Seasoned Warehouse Agent or any Lender. All statements contained in any certificate or other document delivered to the Seasoned Warehouse Agent or any Lender at any time by or on behalf of any Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by Companies in connection with this Agreement.
