Common use of Termination; Survival Clause in Contracts

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 7 contracts

Samples: Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust)

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Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.3.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)such Section), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 2.14. and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 12.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.2.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)of such Section), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d2.2.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Collateral Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.412.5. and 12.12.12.13, shall continue in full force and effect and shall protect the Administrative Agent, the Collateral Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) in the case of the Administrative Agent, any Issuing Bank and any Lender, at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Diversified Healthcare Trust), Signature (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Revolving Credit Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Revolving Credit Maturity Date as permitted under Section 2.4.(b) and in respect of which the Borrower Company has satisfied the requirements to provide Cash Collateral as required in of such Section 2.3.(b)and Section 2.15.), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as hereafter provided in the following sentencethis Section 13.11. and contingent indemnification obligations that have not been asserted) have been paid and satisfied in full; provided, howeverthis Agreement shall terminate. Promptly following such termination, if on each Lender shall promptly return to the Revolving Termination Date, or relevant Borrower any other date the Revolving Commitments are terminated or reduced Note issued to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the such Lender. The provisions of this Agreement applicable to Letters of CreditSections 3.10., including without limitation5.1., 5.4. and 13.5., the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.1012.6., 4.113.2., 4.4., 11.6., 12.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and (for as long as any Letters of Credit remain outstanding) the provisions of Sections 12.42.15. and 12.1211.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Company’s request, the Administrative Agent agrees to deliver to the Company, at the Company’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 4 contracts

Samples: Credit Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b2.4(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the no Issuing Banks are no Bank is any longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided. Promptly following such termination, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and upon the Borrower’s reimbursement obligations under Section 2.3.(d)written request, each Lender shall remain in effect until all promptly return to the Borrower any Note issued to such Letters of Credit have expired, have been cancelled or have otherwise terminatedLender. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. 12.2 and 12.9. 12.9 and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 4 contracts

Samples: Credit Agreement (American Homes 4 Rent, L.P.), Credit Agreement (American Homes 4 Rent, L.P.), Credit Agreement (American Homes 4 Rent, L.P.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.2.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)of such Section), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d2.2.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.412.5. and 12.12.12.13, shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 4 contracts

Samples: Franchise Agreement (Hospitality Properties Trust), Master Lease Agreement (Senior Housing Properties Trust), Credit Agreement (Government Properties Income Trust)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in by Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the no Issuing Banks are no Bank is obligated any longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.15.1., 4.45.4., 11.612.7., 12.213.2. and 12.913.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. The Administrative Agent agrees to furnish to the Borrower, upon the Borrower’s request and at the Borrower’s sole cost and expense, any release, termination, or other agreement or document evidencing the foregoing termination. The provisions of Section 13.9 shall survive termination of this Agreement for a period of one year.

Appears in 3 contracts

Samples: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided. Promptly following such termination, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and upon the Borrower’s reimbursement obligations under Section 2.3.(d)written request, each Lender shall remain in effect until all promptly return to the Borrower any Note issued to such Letters of Credit have expired, have been cancelled or have otherwise terminatedLender. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 3 contracts

Samples: Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Revolving Credit Commitments have been terminated, (b) [intentionally omitted], (c) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Revolving Credit Maturity Date as permitted under Section 2.3(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in of such Section 2.3.(b)and Section 2.14), (cd) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (de) all Obligations (other than obligations which survive as hereafter provided in the following sentencethis Section 13.11 and contingent indemnification obligations that have not been asserted) have been paid and satisfied in full; provided, howeverthis Agreement shall terminate. Promptly following such termination, if on each Lender shall promptly return to the Revolving Termination Date, or Borrower any other date the Revolving Commitments are terminated or reduced Note issued to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the such Lender. The provisions of this Agreement applicable to Letters of CreditSections 3.10, including without limitation5.1, 5.4 and 13.5, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10.12.6, 4.1.13.2, 4.4., 11.6., 12.2. and 12.9. 13.10 and any other provision of this Agreement and the other Loan Documents, and (for as long as any Letters of Credit remain outstanding) the provisions of Sections 12.4. 2.14 and 12.12.11.6, shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 3 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit in respect the expiration dates of which extend beyond the Borrower has satisfied the requirements to provide Cash Collateral Termination Date as required in permitted under Section 2.3.(b2.4.(b))) have terminated, (c) none of the Lenders or the Swingline Lender is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentencetwo sentences) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminatedterminate. The indemnities to which the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender are entitled under the provisions of Sections 3.103.12., 4.1., 4.4., 11.611.7., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. If any Letter of Credit contains an expiration date that extends beyond the Termination Date and the Borrower shall have not have provided the Agent with cash collateral and a reimbursement agreement in respect of any such Letter of Credit pursuant to the requirements of Section 2.4.(b), the reimbursement obligations of the Borrower under Section 2.4. in respect of such Letters of Credit shall continue in full force and effect notwithstanding any termination of this Agreement or of the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Heritage Property Investment Trust Inc), Credit Agreement (Heritage Property Investment Trust Inc)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.2.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)of such Section), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d2.2.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.412.5. and 12.12.12.13, shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Diversified Healthcare Trust), Credit Agreement (Senior Housing Properties Trust)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Revolving Termination Date as permitted under Section 2.2.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)of such Section), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d2.2.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.611.7., 12.2. and 12.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.412.5. and 12.12.12.13, shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 2 contracts

Samples: Pledge Agreement (Select Income REIT), Credit Agreement (Select Income REIT)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b))cancelled, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 2.15. and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.103.11., 4.15.1., 4.45.4., 11.612.7., 12.213.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 13.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Realty Income Corp), Credit Agreement (Realty Income Corp)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Revolving Credit Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Revolving Credit Maturity Date as permitted under Section 2.3.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in of such Section 2.3.(b)and Section 2.14.), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as hereafter provided in the following sentencethis Section 13.11. and contingent indemnification obligations that have not been asserted) have been paid and satisfied in full; provided, howeverthis Agreement shall terminate. Promptly following such termination, if on each Lender shall promptly return to the Revolving Termination Date, or Borrower any other date the Revolving Commitments are terminated or reduced Note issued to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the such Lender. The provisions of this Agreement applicable to Letters of CreditSections 3.10., including without limitation5.1., 5.4. and 13.5., the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.1012.6., 4.113.2., 4.4., 11.6., 12.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and (for as long as any Letters of Credit remain outstanding) the provisions of Sections 12.42.14. and 12.1211.6., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other 164 Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 1 contract

Samples: Credit Agreement (RLJ Lodging Trust)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Maturity Date as permitted under Section 2.2.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in of such Section 2.3.(b)and Section 2.14.), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as hereafter provided in the following sentencethis Section 13.11. and contingent indemnification obligations that have not been asserted) have been paid and satisfied in full; provided, howeverthis Agreement shall terminate. Promptly following such termination, if on each Lender shall promptly return to the Borrower any Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced Note and/or Swingline Note issued to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the such Lender. The provisions of this Agreement applicable to Letters of CreditSections 3.10., including without limitation5.1., 5.4. and 13.5., the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.1012.6., 4.113.2., 4.4., 11.6., 12.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and (for as long as any Letters of Credit remain outstanding) the provisions of Sections 12.42.14. and 12.1211.6., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 1 contract

Samples: Credit Agreement (RLJ Lodging Trust)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.4(c) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b))of such Section) have terminated or expired, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full, this Agreement shall terminate; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to the Borrower and the Agent with respect 104 to Letters of Credit, including without limitation, the terms of Section 2.13 10.5 and the Borrower’s reimbursement obligations obligation under Section 2.3.(d2.4(e), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Lenders and the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10.3.12, 4.1., 4.4., 11.6.11.7, 12.2. 12.2 and 12.9. 12.9 and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Lenders and the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Franchise Agreement (Hospitality Properties Trust)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.2.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)of such Section), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminatedterminate. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.15.1., 4.45.4., 11.612.7., 12.213.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 13.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. The Administrative Agent agrees to furnish to the Borrower, upon the Borrower’s request and at the Borrower’s sole cost and expense, any release, termination, or other agreement or document evidencing the foregoing termination. The provisions of Section 13.9 shall survive termination of this Agreement for a period of one year.

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired (or been cancelled (other than Extended the Borrower’s obligations in respect of all outstanding Letters of Credit have been cash collateralized on terms acceptable to the Administrative Agent and the applicable Issuing Banks and the Borrower has executed and delivered a reimbursement agreement in form and substance acceptable to the Administrative Agent and the applicable Issuing Banks and such other documents requested by the Administrative Agent and the applicable Issuing Banks evidencing the Borrower’s reimbursement obligations in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)such Letters of Credit), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender are entitled under the provisions of Sections 3.103.12., 4.1., 4.4., 11.611.7., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (CubeSmart, L.P.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided. Promptly following such termination, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and upon the Borrower’s reimbursement obligations under Section 2.3.(d)written LEGAL02/40926073v6 request, each Lender shall remain in effect until all promptly return to the Borrower any Note issued to such Letters of Credit have expired, have been cancelled or have otherwise terminatedLender. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 1 contract

Samples: Credit Agreement (Elme Communities)

Termination; Survival. This Credit Agreement shall terminate at such time as (a) all of the Revolving Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b2.03(b)), (c) none of the Lenders is obligated any longer under this Credit Agreement to make any Loans and the Issuing Banks L/C Issuers are no longer obligated under this Credit Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks L/C Issuers and the Lenders are entitled under the provisions of Sections 3.10.3.01, 4.1.3.04, 4.4.3.05, 11.6.8.09, 12.2. 9.04 and 12.9. 9.05 and any other provision of this Credit Agreement and the other Loan Credit Documents, and the provisions of Sections 12.4. 9.03, 9.16 and 12.12.9.17, shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks L/C Issuers and the Lenders (i) notwithstanding any termination of this Credit Agreement, or of the other Loan Credit Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Credit Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Credit Agreement.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Healthcare Realty Holdings, L.P.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has Borrowers have satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b2.4.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and none of the Issuing Banks are no is obligated any longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 2.15. and the Borrower’s Borrowers’ reimbursement obligations under Section 2.3.(d2.4.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Sl Green Operating Partnership, L.P.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided. Promptly following such termination, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and upon the Borrower’s reimbursement obligations under Section 2.3.(d)written request, each Lender shall remain in effect until all promptly return to the Borrower any Note issued to such Letters of Credit have expired, have been cancelled or have otherwise terminatedLender. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination. Section 12.11.

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment Trust)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has Borrowers have satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 2.14. and the Borrower’s Borrowers’ reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Sl Green Operating Partnership, L.P.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has Borrowers have satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b2.4.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 2.15. and the Borrower’s Borrowers’ reimbursement obligations under Section 2.3.(d2.4.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Sl Green Operating Partnership, L.P.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.3.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)such Section), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 2.14. and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 12.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and 110 events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Lp)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.2.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)of such Section), (c) none of the Lenders or the Swingline Lender is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank have no longer obligated under this Agreement obligation to issue Letters of Credit under this Agreement and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to the Borrower and the Agent with respect to Letters of Credit, including without limitation, the terms of Section 2.13 2.13. and the Borrower’s reimbursement obligations under Section 2.3.(d2.2.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.15.1., 4.45.4., 11.612.6., 12.213.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 13.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank, the Lenders and the Lenders Swingline Lender (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Excel Trust, Inc.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired (or been cancelled (other than Extended the Borrower’s obligations in 138 respect of all outstanding Letters of Credit have been Cash Collateralized on terms acceptable to the Administrative Agent and the Borrower has executed and delivered a reimbursement agreement in form and substance acceptable to the Administrative Agent and such other documents requested by the Administrative Agent evidencing the Borrower’s reimbursement obligations in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)such Letters of Credit), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender are entitled under the provisions of Sections 3.10.3.12, 4.1., 4.4., 11.6.12.7, 12.2. 13.2 and 12.9. 13.10 and any other provision of this Agreement and the other Loan DocumentsDocuments which, by its terms, expressly survives termination of this Agreement or such other Loan Document, and the provisions of Sections 12.4. and 12.12.Section 13.4, shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (National Storage Affiliates Trust)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Revolving Credit Maturity Date as permitted under Section 2.3.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in of such Section 2.3.(b)and Section 2.14.), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as hereafter provided in the following sentencethis Section 13.11. and contingent indemnification obligations that have not been asserted) have been paid and satisfied in full; provided, howeverthis Agreement shall terminate. Promptly following such termination, if on each Lender shall promptly return to the Revolving Termination Date, or Borrower any other date the Revolving Commitments are terminated or reduced Note issued to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the such Lender. The provisions of this Agreement applicable to Letters of CreditSections 3.10., including without limitation5.1., 5.4. and 13.5., the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.1012.6., 4.113.2., 4.4., 11.6., 12.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and (for as long as any Letters of Credit remain outstanding) the provisions of Sections 12.42.14. and 12.1211.6., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination. 128

Appears in 1 contract

Samples: Credit Agreement (RLJ Lodging Trust)

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Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Revolving Credit Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration 160 dates of which extend beyond the Revolving Credit Maturity Date as permitted under Section 2.3.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in of such Section 2.3.(b)and Section 2.14.), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as hereafter provided in the following sentencethis Section 13.11. and contingent indemnification obligations that have not been asserted) have been paid and satisfied in full; provided, howeverthis Agreement shall terminate. Promptly following such termination, if on each Lender shall promptly return to the Revolving Termination Date, or Borrower any other date the Revolving Commitments are terminated or reduced Note issued to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the such Lender. The provisions of this Agreement applicable to Letters of CreditSections 3.10., including without limitation5.1., 5.4. and 13.5., the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.1012.6., 4.113.2., 4.4., 11.6., 12.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and (for as long as any Letters of Credit remain outstanding) the provisions of Sections 12.42.14. and 12.1211.6., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 1 contract

Samples: Credit Agreement (RLJ Lodging Trust)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired (or been cancelled (other than Extended the Borrower’s obligations in respect of all outstanding Letters of Credit have been cash collateralized on terms acceptable to the Administrative Agent and the applicable Issuing Banks and the Borrower has executed and delivered a reimbursement agreement in form and substance acceptable to the Administrative Agent and the applicable Issuing Banks and such other documents requested by the Administrative Agent and the applicable Issuing Banks evidencing the Borrower’s reimbursement obligations in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)such Letters of Credit), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Lenders and the Swingline Lenders are entitled under the provisions of Sections 3.103.12., 4.1., 4.4., 11.611.7., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Lenders and the Swingline Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events 106 arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (CubeSmart, L.P.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in by Section 2.3.(b2.2.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the no Issuing Banks are no Bank is obligated any longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.15.1., 4.45.4., 11.612.7., 12.213.2. and 12.913.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. The Administrative Agent agrees to furnish to the Borrower, upon the Borrower’s request and at the Borrower’s sole cost and expense, any release, termination, or other agreement or document evidencing the foregoing termination. The provisions of Section 13.9 shall survive termination of this Agreement for a period of one year.

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the no Issuing Banks are no Bank is any longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided. Promptly following such termination, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and upon the Borrower’s reimbursement obligations under Section 2.3.(d)written request, each Lender shall remain in effect until all promptly return to the Borrower any Note issued to such Letters of Credit have expired, have been cancelled or have otherwise terminatedLender. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 1 contract

Samples: Credit Agreement (American Homes 4 Rent)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.2.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)of such Section), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full, this Agreement shall terminate; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to the Borrower and the Agent with respect to Letters of Credit, including without limitation, the terms of Section 2.13 2.13. and the Borrower’s reimbursement obligations under Section 2.3.(d2.2.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.15.1., 4.45.4., 11.612.7., 12.213.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 13.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. The Administrative Agent agrees to furnish to the Borrower, upon the Borrower’s request and at the Borrower’s sole cost and expense, any release, termination, or other agreement or document evidencing the foregoing termination.

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.4.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b))of such Section) have terminated or expired, (c) none of the Lenders nor the Swingline Lender is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full, this Agreement shall terminate; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to the Borrower and the Agent with respect to Letters of Credit, including without limitation, the terms of Section 2.13 10.5. and the Borrower’s reimbursement obligations obligation under Section 2.3.(d2.4.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender are entitled under the provisions of Sections 3.103.12., 4.1., 4.4., 11.611.7., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Piedmont Office Realty Trust, Inc.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b2.2.(b)), (c) none of the Lenders or the Swingline Lender is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank have no longer obligated under this Agreement obligation to issue Letters of Credit under this Agreement and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.15.1., 4.45.4., 11.612.6., 12.213.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 13.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank, the Lenders and the Lenders Swingline Lender (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Excel Trust, Inc.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in by Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the no Issuing Banks are no Bank is obligated any longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.10., 4.15.1., 4.45.4., 11.612.7., 12.213.2. and 12.913.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.. The Administrative Agent agrees to furnish to the Borrower, upon the Borrower’s request and at the Borrower’s sole cost and expense, any release, termination, or other

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired (or been cancelled (other than Extended the Borrower’s obligations in respect of all outstanding Letters of Credit have been cash collateralized on terms acceptable to the Administrative Agent and the applicable Issuing Banks and the Borrower has executed and delivered a reimbursement agreement in form and substance acceptable to the Administrative Agent and the applicable Issuing Banks and such other documents requested by the Administrative Agent and the applicable Issuing Banks evidencing the Borrower’s reimbursement obligations in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)such Letters of Credit), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Sustainability Structuring Agent, the Lenders and the Swingline Lenders are entitled under the provisions of Sections 3.103.12., 4.1., 4.4., 11.611.7., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Sustainability Structuring Agent, the Lenders and the Swingline Lenders (i) notwithstanding any termination of this ‌ ​ LEGAL02/42113124v8 ​ Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (CubeSmart, L.P.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or terminated, expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided. Promptly following such termination, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and upon the Borrower’s reimbursement obligations under Section 2.3.(d)written request, each Lender shall remain in effect until all promptly return to the Borrower any Note issued to such Letters of Credit have expired, have been cancelled or have otherwise terminatedLender. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination. 119

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Parkway Properties Inc)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or terminated, expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.2.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)of such Section), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to the Borrower and the Administrative Agent with respect to Letters of Credit, including without limitation, the terms of Section 2.13 10.6. and the Borrower’s reimbursement obligations under Section 2.3.(d2.2.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.6., 12.2. and 12.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 12.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Gladstone Commercial Corp)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Revolving Credit Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Revolving Credit Maturity Date as permitted under Section 2.3.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in of such Section 2.3.(b)and Section 2.14.), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as hereafter provided in the following sentencethis Section 13.11. and contingent indemnification obligations that have not been asserted) have been paid and satisfied in full; provided, howeverthis Agreement shall terminate. Promptly following such termination, if on each Lender shall promptly return to the Revolving Termination Date, or Borrower any other date the Revolving Commitments are terminated or reduced Note issued 150 to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the such Lender. The provisions of this Agreement applicable to Letters of CreditSections 3.10., including without limitation5.1., 5.4. and 13.5., the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks and the Lenders are entitled under the provisions of Sections 3.1012.6., 4.113.2., 4.4., 11.6., 12.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and (for as long as any Letters of Credit remain outstanding) the provisions of Sections 12.42.14. and 12.1211.6., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Administrative Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 1 contract

Samples: Credit Agreement (RLJ Lodging Trust)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.4.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral of such Section or Section 2.14., as required in Section 2.3.(b))applicable) have expired, have been cancelled or have otherwise terminated (c) none of the Lenders nor the Swingline Lender is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), that this Agreement terminates any Letters of Credit permitted under Section 2.4.(b) to have expiration dates that extend beyond the Termination Date remain outstanding, then the provisions of this Agreement applicable to the Agent and the Borrower with respect to Letters of Credit, including including, without limitation, the terms of Section 2.13 and the Borrower’s reimbursement obligations under Section 2.3.(d2.4.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender are entitled under the provisions of Sections 3.103.12., 4.1., 4.4., 11.611.7., 12.2. and 12.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after before such termination as well as before as, in the case of Sections 11.7., 12.4. and 12.9., after such termination and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.. 106

Appears in 1 contract

Samples: Credit Agreement (Corporate Office Properties Trust)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminatedterminated or expired, (b) all Letters of Credit have terminated or expired or terminated, been cancelled or have expired (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.4.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in of such Section 2.3.(b)or been cancelled), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to the Borrower and the Administrative Agent with respect to Letters of Credit, including without limitation, the terms of Section 2.13 2.14. and the Borrower’s reimbursement obligations under Section 2.3.(d2.4.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.10., 4.1., 4.4., 11.611.7., 12.2. and 12.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 12.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Post Apartment Homes Lp)

Termination; Survival. This Agreement shall terminate at At such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.4(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b))of such Section) have terminated or expired, (c) none of the Lenders nor the Swingline Lender is obligated any longer under this Agreement to make any Loans and the Issuing Banks are no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full, this Agreement shall terminate; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to the Borrower and the Agent with respect to Letters of Credit, including without limitation, the terms of Section 2.13 10.5 and the Borrower’s 's reimbursement obligations obligation under Section 2.3.(d2.4.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender are entitled under the provisions of Sections 3.10.3.12, 4.1., 4.4., 11.6.11.7, 12.2. 12.2 and 12.9. 12.9 and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections Section 12.4. and 12.12., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Lenders and the Lenders Swingline Lender (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Termination Date as permitted under Section 2.3.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)of such Section), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 2.13. and the Borrower’s reimbursement obligations under Section 2.3.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.102.18.(c), 3.11., 4.1., 4.4., 11.6., 12.212.3. and 12.912.11. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 12.6., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Designation Agreement (Washington Real Estate Investment Trust)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or terminated, expired or been cancelled canceled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank is no longer obligated under this Agreement to issue Letters of Credit and (d) all Obligations (other than obligations which survive as provided in the following sentencesentence and contingent obligations that have not yet been asserted) have been paid and satisfied in full; providedfull in cash. Promptly following such termination, however, if on the Revolving Termination Date, or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to Letters of Credit, including without limitation, the terms of Section 2.13 and upon the Borrower’s reimbursement obligations under Section 2.3.(d)written request, each Lender shall remain in effect until all promptly return to the Borrower any Note issued to such Letters of Credit have expired, have been cancelled or have otherwise terminatedLender. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.103.11., 4.1., 4.4., 11.67.9, 11.7., 12.2. and 12.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 12.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement. Upon the Borrower’s request, the Agent agrees to deliver to the Borrower, at the Borrower’s sole cost and expense, written confirmation of the foregoing termination.

Appears in 1 contract

Samples: And Consolidated Credit Agreement (First Potomac Realty Trust)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been cancelled (other than Extended Letters of Credit the expiration dates of which extend beyond the Revolving Termination Date as permitted under Section 2.2.(b) and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b)of such Section), (c) none of the Lenders or the Swingline Lender is obligated any longer under this Agreement to make any Loans and the Issuing Banks are Bank have no longer obligated under this Agreement obligation to issue Letters of Credit under this Agreement and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full; full provided, however, if on the Revolving Termination Date, Date or any other date the Revolving Commitments are terminated or reduced to zero (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), ) any Letters of Credit remain outstanding, then the provisions of this Agreement applicable to the Borrower and the Administrative Agent with respect to Letters of Credit, including without limitation, the terms of Section 2.13 2.13. and the Borrower’s reimbursement obligations under Section 2.3.(d2.2.(d), shall remain in effect until all such Letters of Credit have expired, have been cancelled or have otherwise terminated. The indemnities to which the Administrative Agent, the Issuing Banks Bank and the Lenders are entitled under the provisions of Sections 3.105.1., 4.15.4., 4.412.8., 11.6., 12.213.2. and 12.913.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Sections 12.4. and 12.12Section 13.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Banks Bank, the Lenders and the Lenders Swingline Lender (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Pacific Office Properties Trust, Inc.)

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