Survival, Representations and Warranties. All representations and warranties made in this Agreement shall survive for a period of one (1) year after the Closing Date and shall not be extinguished by the Closing or any investigation made by or on behalf of any party hereto.
Survival, Representations and Warranties. All representations and warranties contained in or made in connection with this Agreement and the other Loan Documents shall survive the Closing Date.
Survival, Representations and Warranties. The representations and warranties of the Company and the agreements and covenants set forth herein shall survive the closing hereunder. The Company makes no representations or warranties in any oral or written information provided to Buyers, other than the representations and warranties included herein. The Company agrees to indemnify and hold harmless each Buyer and all such Buyer's respective officers, directors, employees, partners, members, affiliates, and agents for loss or damage arising as a result of or related to any breach by the Company of any of its representations, warranties, covenants and obligations under this Agreement or the Registration Rights Agreement.
Survival, Representations and Warranties. The respective representations and warranties of the Company and Buyers contained herein or in any certificates or other documents delivered at the Closing shall not be deemed waived or otherwise affected by any investigation, inquiry or examination made by or on behalf of any party hereto, or the knowledge of any party's officers, directors, shareholders, employees or agents or the acceptance by any party of any certificate or opinion hereunder. The representations and warranties provided for in this Agreement shall survive for 15 months beyond the Closing Date provided that the representations and warranties made fraudulently and the representations and warranties contained in Section 5.2 hereof shall survive indefinitely, provided, further, that the representations and warranties pertaining to taxes shall survive for a period equal to the applicable statute of limitations, provided, further, that any representation or warranty in respect of which indemnity may be sought under this Agreement shall survive the time at which it would otherwise terminate pursuant to this Section 8.5 if notice of the inaccuracy or breach or potential inaccuracy or breach thereof giving rise to such right or potential right of indemnity shall have been given to the party against whom such indemnity may be sought prior to such time. The indemnification provisions contained in Sections 8.5 through 8.9 of this Agreement are the sole remedy available to the Buyers in the case of any breach of representation or warranty or covenant herein to the exclusion of any statutory, equitable, or common law remedy any party hereto may have for any breach of any representation, warranty, or covenant.
Survival, Representations and Warranties. The representations, warranties and covenants in this Agreement shall survive until the expiration of the applicable statute of limitations. The provisions of this Section 9.1 shall not limit any covenant or agreement of the Parties which, by its terms, contemplates performance after the Closing Date.
Survival, Representations and Warranties. The representations and warranties of Acquirer and the Operating Partnership shall survive the Closing for the applicable limitations period for bringing a claim for breach of contract. The representations and warranties of Trade Street Fund and Trade Street Capital and BREF shall not survive the Closing and shall thereupon terminate. Unless specifically contemplated herein, covenants shall not survive the Closing.
Survival, Representations and Warranties. The representations and warranties provided for in this Agreement shall survive for 18 months beyond the Closing Date, except that the representations and warranties set forth in Sections 3.1 and 3.2(b),(d), (f) and (y) and 4.2 shall survive indefinitely, the representations and warranties contained in Section 3.2(k) shall survive until 90 days after the expiration of the applicable statute of limitations; and the representations and warranties contained in Section 3.2(x) shall survive for six (6) years beyond the Closing Date. The provisions of this Section 10.1 shall not limit any covenant or agreement of the parties hereto which, by its terms, contemplates performance after the Closing Date. The indemnification provisions contained in this Article X are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any party hereto may have for any breach of any representation, warranty, or covenant. The covenants and agreements in this Article X shall survive until such time as any claim for indemnification is finally settled in accordance with the terms hereof. CONFORMED COPY
Survival, Representations and Warranties. All representations, warranties and covenants contained in this Contract shall be deemed continuing and shall survive the Closing Date as follows (i) the representations and warranties set forth in Sections 7.1.12, 7.1.13, 7.2.1 and 7.2.2 shall continue in full force and effect indefinitely, (ii) the representations and warranties set forth in Section 7.1.10 shall continue in full force and effect for a time period equal to the applicable statute of limitations with respect to claims pertaining thereto, (iii) all other representations and warranties shall continue in full force and effect until the second (2nd) anniversary of the Closing Date, and (iv) except with respect to any covenants that terminate or expire upon a date specified herein, all covenants shall continue in full force and effect indefinitely (except for covenants under Section 7.4 which shall not survive the Closing).
Survival, Representations and Warranties. All representations, warranties, covenants, and obligations of the parties hereto and remedies available to the parties hereto shall survive the Closing.
Survival, Representations and Warranties. The representations and warranties provided for in this Agreement shall survive until the 540th day following the Closing Date, except that (i) the representations and warranties contained in SECTIONS 3.02, 3.03, 3.14 and 4.05 shall survive indefinitely and (ii) the representations and warranties contained in SECTIONS 3.13, 3.18 and 3.19 shall survive until the third anniversary of the Closing Date. The provisions of this SECTION 8.01 shall not limit any covenant or agreement of the parties hereto which, by its terms, contemplates performance after the Closing Date. The indemnification provisions contained in this ARTICLE VIII are the sole and exclusive remedy of the parties hereto and are in lieu of any statutory, equitable, or common law remedy any party hereto may otherwise have for any breach of any representation, warranty, or covenant. The applicable survival period of warranties, representations, agreements and covenants is referred to herein as the "INDEMNIFICATION PERIOD". The termination of the Indemnification Period shall not affect the rights of a party in respect of a claim made by such party prior to the expiration of the Indemnification Period therefor. The covenants and agreements in this ARTICLE VIII shall survive until such time as any claim for indemnification is finally settled in accordance with the terms hereof. No investigation by or knowledge of any of the parties hereto shall in any way limit the representations and warranties of the parties or indemnification rights hereunder.
