Common use of Survival; Revival; Reinstatement Clause in Contracts

Survival; Revival; Reinstatement. (a) All covenants, agreements, representations and warranties made by the Grantors herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Secured Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect until the Termination Date. (b) To the extent that any payments on the Secured Obligations or proceeds of any Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent, the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received and the Administrative Agent’s and the other Secured Parties’ Liens, security interests, rights, powers and remedies under this Agreement and each Loan Document shall continue in full force and effect. In such event, each Loan Document shall be automatically reinstated and each Grantor shall take such action as may be reasonably requested by the Administrative Agent and the other Secured Parties to effect such reinstatement.

Survival; Revival; Reinstatement. (a) All covenants, agreements, representations and warranties made by the Grantors any Pledgor herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document to which it is a party shall be considered to have been relied upon by the Administrative Agent, the other parties hereto Agents, the Issuing Banks, the Lenders and the other Secured Parties and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent Agent, the other Agents, the Issuing Banks, any Lender or any other Secured Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunderunder the Credit Agreement, and shall continue in full force and effect until the Termination DatePayment in Full has occurred. (b) To the extent that any payments on the Secured Obligations or proceeds of any Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent, the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received and the Administrative Agent’s and the other Secured Parties’ Liens, security interests, rights, powers and remedies under this Agreement and each other Loan Document shall continue in full force and effect. In such event, each Loan Document shall be automatically reinstated and each Grantor the Pledgors shall take such action as may be reasonably requested by the Administrative Agent and the other Secured Parties to effect such reinstatement.

Survival; Revival; Reinstatement. (a) All covenants, agreements, representations and warranties made by the Grantors any Grantor herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document to which it is a party shall be considered to have been relied upon by the Administrative Agent, the other parties hereto Agents, the Issuing Banks, the Lenders and the other Secured Parties and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent Agent, the other Agents, the Issuing Banks, any Lender or any other Secured Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunderunder the Credit Agreement, and shall continue in full force and effect until the Termination DatePayment in Full has occurred. (b) To the extent that any payments on the Secured Obligations Indebtedness or proceeds of any Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent, the Secured Obligations Indebtedness so satisfied shall be revived and continue as if such payment or proceeds had not been received and the Administrative Agent’s and the other Secured Parties’ Liens, security interests, rights, powers and remedies under this Agreement and each other Loan Document shall continue in full force and effect. In such event, each Loan Document shall be automatically reinstated and each Grantor the Grantors shall take such action as may be reasonably requested by the Administrative Agent and the other Secured Parties to effect such reinstatement.

Survival; Revival; Reinstatement. (a) All covenants, agreements, representations and warranties made by the Grantors any Grantor herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document to which it is a party shall be considered to have been relied upon by the Administrative Agent, the other parties hereto Agents, the Issuing Banks, the Lenders and the other Secured Parties and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent Agent, the other Agents, the Issuing Banks, any Lender or any other Secured Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunderunder the Credit Agreement, and shall continue in full force and effect until the Termination DatePayment in Full has occurred. (b) To the extent that any payments on the Secured Obligations or proceeds of any Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent, the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received and the Administrative Agent’s and the other Secured Parties’ Liens, security interests, rights, powers and remedies under this Agreement and each other Loan Document shall continue in full force and effect. In such event, each Loan Document shall be automatically reinstated and each Grantor the Grantors shall take such action as may be reasonably requested by the Administrative Agent and the other Secured Parties to effect such reinstatement.

Survival; Revival; Reinstatement. (a) All covenants, agreements, representations and warranties made by the Grantors herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Secured Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect until the Termination DateSecurity Termination. (b) To the extent that any payments on the Secured Obligations or proceeds of any Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent, the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received and the Administrative Agent’s and the other Secured Parties’ Liens, security interests, rights, powers and remedies under this Agreement and each Loan Document shall continue in full force and effect. In such event, each Loan Document shall be automatically reinstated and each Grantor shall take such action as may be reasonably requested by the Administrative Agent and the other Secured Parties to effect such reinstatement.

Survival; Revival; Reinstatement. (a) All covenants, agreements, representations and warranties made by the Grantors herein and any Obligor in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Hedging Facility Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or Collateral Agent, any Secured Party Hedge Provider may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit Hedge Transaction is extended entered into hereunder, and shall continue in full force and effect until the Termination Discharge Date. The provisions of Article IX and Section 10.6 shall survive and remain in full force and effect regardless of the consummation of the Hedge Transactions contemplated hereby, the occurrence of the Discharge Date, the termination of this Agreement, any other Hedging Facility Document or any provision hereof or thereof. (b) To the extent that any payments payment by or on the Secured Obligations or proceeds behalf of any Obligor is made to the Collateral are Agent or any Hedge Provider, and such payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by the Collateral Agent or any Hedge Provider in its discretion) to be repaid to a trustee, debtor in possession, receiver or any other Person party, in connection with any proceeding under any bankruptcy law, common law or equitable causeother laws for the relief of debtors or otherwise, then to the extent of such extentrecovery, the Secured Obligations so obligation or part thereof originally intended to be satisfied shall be revived and continue continued in full force and effect as if such payment or proceeds had not been received and the Administrative Agent’s and the other Secured Parties’ Liens, security interests, rights, powers and remedies under this Agreement and each Loan Document shall continue in full force and effect. In such event, each Loan Document shall be automatically reinstated and each Grantor shall take such action as may be reasonably requested by the Administrative Agent and the other Secured Parties to effect such reinstatementmade.

Survival; Revival; Reinstatement. (a) All covenants, agreements, representations and warranties made by the Grantors any Guarantor herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document to which it is a party shall be considered to have been relied upon by the Administrative Agent, the other parties hereto Agents, the Issuing Banks, the Lenders and the other Guaranteed Creditors and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent Agent, the other Agents, the Issuing Banks, any Lender or any Secured Party other Guaranteed Creditor may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunderunder the Credit Agreement, and shall continue in full force and effect until the Termination DatePayment in Full has occurred. (b) To the extent that any payments on the Secured Obligations or proceeds of any Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent, the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received and the Administrative Agent’s and the other Secured PartiesGuaranteed Creditors’ Liens, security interests, rights, powers and remedies under this Agreement and each other Loan Document shall continue in full force and effect. In such event, each Loan Document shall be automatically reinstated and each Grantor the Borrower shall take such action as may be reasonably requested by the Administrative Agent and the other Secured Parties Guaranteed Creditors to effect such reinstatement.