Common use of Term of this Agreement Clause in Contracts

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral Manager’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations representations, warranties and covenants set forth in Articles IV and V, and the Collateral ManagerServicer’s representations, warranties and covenants and duties set forth in Articles IV V and VVI hereof, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during until the Covenant Compliance PeriodCollection Date; provided thatprovided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager Servicer pursuant to Articles III and IV and V, the provisions, including, without limitation the indemnification and payment provisions, provisions of Article X, XI and Article XII and the provisions of Section 2.13, Section 12.9, Section 12.10 14.10 and Section 12.11, 14.11 shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations representations, warranties and covenants set forth in Articles IV and V, and the Collateral ManagerServicer’s representations, warranties and covenants and duties set forth in Articles IV and VV hereof, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during until the Covenant Compliance PeriodCollection Date; provided thatprovided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager Servicer pursuant to Articles IV and V, the provisions, including, without limitation V and the indemnification and payment provisions, provisions of Article X, X and Article XI and the provisions of Section 2.13, Section 12.9, Section 12.10 13.10 and Section 12.11, 13.11 shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral Manager’s representations, covenants and duties set forth in Articles IV and V, create creates and constitute constitutes the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation the indemnification and payment provisions, of Article X, Section 2.13, Section 12.913.9, Section 12.10 13.10 and Section 12.1113.11, shall be continuing and shall survive (i) any termination of this AgreementAgreement and the occurrence of the Collection Date and (ii) with respect to the rights and remedies of the Lenders under Article X, any sale by the Lenders of the Obligations hereunder.

Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral Manager’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation including the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral Manager’s representations, covenants and duties set forth in Articles IV and V, create creates and constitute constitutes the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive (i) any termination of this AgreementAgreement and the occurrence of the Collection Date and (ii) with respect to the rights and remedies of the Lenders under Article X, any sale by the Lenders of the Obligations hereunder.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral Investment Manager’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Investment Manager pursuant to Articles IV and V, the provisions, including, without limitation the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations 's representations, warranties and covenants set forth in Articles IV and V, and the Collateral Manager’s Servicer's representations, warranties and covenants and duties set forth in Articles IV V and VVI hereof, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during until the Covenant Compliance PeriodCollection Date; provided thatprovided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager Servicer pursuant to Articles III and IV and V, the provisions, including, without limitation the indemnification and payment provisions, provisions of Article X, XI and Article XII and the provisions of Section 2.13, Section 12.9, Section 12.10 14.10 and Section 12.11, 14.11 shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s 's representations and covenants set forth in Articles IV and V, and the Collateral Manager’s 's representations, covenants and duties set forth in Articles IV VI, V and VVI, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during until the Covenant Compliance PeriodCollection Date; provided that, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation V the indemnification and payment provisions, provisions of Article XXI and the provisions of Section 13.9, Section 2.1313.10, Section 12.9, Section 12.10 13.11 and Section 12.11, 13.13 shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral Manager’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation including the indemnification and payment provisions, of Article XIX, Section 2.13, Section 12.911.9, Section 12.10 11.10 and Section 12.1111.11, shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral ManagerAdministrator’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager Administrator pursuant to Articles IV and V, the provisions, including, without limitation the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral InvestmentCollateral Manager’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral InvestmentCollateral Manager pursuant to Articles IV and V, the provisions, including, without limitation the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s representations representations, covenants and covenants set forth in Articles IV and V, and the Collateral Manager’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, that the rights and remedies with respect to any breach of any representation and representation, warranty or covenant made or deemed made by the Borrower or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation including the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral Manager’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement.the

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral Manager’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations 's representations, warranties and covenants set forth in Articles IV and V, and the Collateral Manager’s Administrator's representations, warranties and covenants and duties set forth in Articles IV V and VVI hereof, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during until the Covenant Compliance PeriodCollection Date; provided thatprovided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager Administrator pursuant to Articles III and IV and V, the provisions, including, without limitation the indemnification and payment provisions, provisions of Article X, XI and Article XII and the provisions of Section 2.13, Section 12.9, Section 12.10 14.10 and Section 12.11, 14.11 shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V, and the Collateral Manager’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation the indemnification BUSINESS.32224493.6 168 and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement. Section 12.7.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s 's representations and covenants set forth in Articles IV and V, and the Collateral Manager’s Servicer's representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Collateral Manager Servicer pursuant to Articles IV and V, the provisions, including, without limitation the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement.

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s Loan Parties’ representations and covenants set forth in Articles IV and V, and the Collateral Manager’s representations, covenants and duties set forth in Articles IV and V, create and constitute the continuing obligation of the parties hereto in accordance with its terms, and shall remain in full force and effect during the Covenant Compliance Period; provided that, the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower Loan Parties or the Collateral Manager pursuant to Articles IV and V, the provisions, including, without limitation the indemnification and payment provisions, of Article X, Section 2.13, Section 12.9, Section 12.10 and Section 12.11, shall be continuing and shall survive any termination of this Agreement.