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 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 no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.1., 5.4., 12.6., 13.2. and 13.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties (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 (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.)

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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 canceled (other than Extended Letters of Credit and in respect of which the Borrower has satisfied the requirements to provide Cash Collateral has been provided 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 Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.14.1., 5.44.4., 12.611.8., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties (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 (Rouse Properties, Inc.), Credit Agreement (Rouse Properties, Inc.)

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 canceled (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), (c) none of the Lenders nor the Swingline Lender is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the Swingline Lender are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the 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 2 contracts

Samples: Credit Agreement (Sl Green Realty Corp), Credit Agreement (Sl Green Realty Corp)

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 canceled (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 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 no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the Swingline Lender are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the 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 2 contracts

Samples: Credit Agreement (CubeSmart, L.P.), Credit Agreement (U-Store-It 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 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 no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank Banks the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.14.1., 5.44.4., 12.611.6., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Banks, the Lenders and their respective Related Parties (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 (United Dominion Realty L P), Credit Agreement (United Dominion Realty 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 expired, have been cancelled or have otherwise terminated or expired or been 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.(b2.5.(b)), (c) none of the Lenders nor the Swingline Lender is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the Swingline Lender are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the 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.

Appears in 2 contracts

Samples: Credit Agreement (Corporate Office Properties, L.P.), Credit Agreement (Corporate Office Properties, L.P.)

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 canceled cancelled (other than Extended Letters of Credit in respect of which the Borrower has satisfied the requirements to provide Cash Collateral as required in of Section 2.3.(b2.5.(b)), (c) none of the Lenders or the Swingline Lender is obligated any longer under this Agreement to make any Loans and the Agent is no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the Swingline Lender are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the 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 2 contracts

Samples: Credit Agreement (LXP Industrial Trust), Credit Agreement (Lexington 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 canceled 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 no the Issuing 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. The indemnities to which the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.102.18.(c), 3.11., 5.14.1., 5.44.4., 12.611.6., 13.212.3. and 13.912.11. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.6., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties (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 (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 Commitments have been terminated, (b) all Letters of Credit have terminated or expired or been 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))cancelled, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no Issuing Bank is obligated any longer 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. The indemnities to which the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.1., 5.4., 12.612.8., 13.2. and 13.913.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.413.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties (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 (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates 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 expired or have been 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))canceled, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no the Issuing Bank is no longer obligated under this Agreement 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. The indemnities to which the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.14.1., 5.44.4., 12.611.6., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties (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 (Equity Lifestyle Properties Inc)

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 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 Borrowers have satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b))of such Section) have terminated, (c) none of the Lenders nor the Swingline Lender is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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, this Agreement shall terminate. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the Swingline Lender are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the 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 (Lexington Corporate 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 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))canceled, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no the Issuing 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. The indemnities to which the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.14.1., 5.44.4., 12.611.6., 13.212.2. and 13.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties (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 (Federal Realty Investment 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 canceled (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 Borrowers have satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b))of such Section) have terminated, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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, this Agreement shall terminate. The indemnities to which the Administrative Agent, the Issuing Bank Agent and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Agent and the Lenders and their respective Related Parties (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 (Entertainment 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 have been 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))canceled, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no the Issuing Bank is no longer obligated under this Agreement 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. The indemnities to which the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.14.1., 5.44.4., 12.611.6., 13.212.2. and 13.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties (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 (Equity Lifestyle 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 expired (or have been canceled (other than Extended Letters of Credit collateralized or backstopped in respect of which a manner satisfactory to the Borrower has satisfied the requirements to provide Cash Collateral as required L/C Issuer in Section 2.3.(b)its sole discretion), (c) none of the Lenders nor Swingline Lender nor L/C Issuer is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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 in full in cash and otherwise satisfied in full. The indemnities to which the Administrative Agent, the Issuing Bank L/C Issuer, the Swingline Lender and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10.3.12, 5.1.4.1, 5.4.4.4, 12.6.12.7, 13.2. 13.2 and 13.9. 13.9 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 Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank L/C Issuer, the Swingline Lender and the Lenders and their respective Related Parties (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 (HC Government 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 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.(b2.3(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no Issuing Bank is obligated under this Agreement to issue 126 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. The indemnities to which the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.1., 5.4., 12.6., 13.2. 13.2 and 13.9. 13.9 and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties (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: Loan Agreement (Spirit Realty Capital, 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 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))cancelled, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no the Issuing 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. The indemnities to which the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.14.1., 5.44.4., 12.611.6., 13.212.2. and 13.912.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties (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 (Parkway Properties Inc)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments and the Swingline Commitment have been terminated, (b) all Letters of Credit have terminated or expired or been 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 no each Issuing Bank is no longer obligated under this Agreement to issue Letters of Credit Credit, and (dc) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full. The Notwithstanding any termination of this Agreement, or of the other Loan Documents, the indemnities to which the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.1010.7., 5.1., 5.4., 12.6., 13.211.2. and 13.911.10. and any other provision of this Agreement and the other Loan Documents, and the provisions waivers of jury trial and submission to jurisdictions contained in Section 13.411.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties (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 (Pennsylvania Real Estate Investment 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 canceled (other than Extended Letters of Credit the expiration dates of which extend beyond the Revolving Credit Termination Date as permitted under Section 2.2(b) and in respect of which the Borrower has Borrowers have satisfied the requirements to provide Cash Collateral as required in Section 2.3.(b))of such Section) have terminated, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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, this Agreement shall terminate. The indemnities to which the Administrative Agent, the Issuing Bank Agent and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10.3.12, 5.1.4.1, 5.4.4.4, 12.6.11.7, 13.2. 12.2 and 13.9. 12.9 and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.4.12.4, shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Agent and the Lenders and their respective Related Parties (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 (Epr Properties)

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 have been canceled (other than Extended Letters of Credit collateralized or backstopped in respect of which a manner satisfactory to the Borrower has satisfied the requirements to provide Cash Collateral as required L/C Issuer in Section 2.3.(b)its sole discretion), (c) none of the Lenders nor Swingline Lender nor L/C Issuer is obligated any longer under this Agreement to make any Loans and no Issuing Bank is obligated under this Agreement to issue Letters of Credit and (dc) all Obligations (other than obligations which survive as provided in the following sentence) have been paid in full in cash and otherwise satisfied in full. The indemnities to which the Administrative Agent, the Issuing Bank L/C Issuer, the Swingline Lender and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10.3.12, 5.1.4.1, 5.4.4.4, 12.6.12.7, 13.2. 13.2 and 13.9. 13.9 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 Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank L/C Issuer, the Swingline Lender and the Lenders and their respective Related Parties (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 (HC Government Realty Trust, Inc.)

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 canceled cancelled (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 of Section 2.3.(b2.5.(b)), (c) none of the Lenders or the Swingline Lender is obligated any longer under this Agreement to make any Loans and the Agent is no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the Swingline Lender are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the 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 (Lepercq Corporate Income Fund L P)

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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 canceled (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, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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, this Agreement shall terminate. The indemnities to which the Administrative Agent, the Issuing Bank Agent and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Credit Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Agent and the Lenders and their respective Related Parties (i) notwithstanding any termination of this 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 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 (St Joe 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 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))canceled, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no none of the Issuing Bank Banks is obligated any longer 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. The indemnities to which the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.1., 5.4., 12.6., 13.2. and 13.913.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.413.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties (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 (Saul Centers 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 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 no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.1., 5.4., 12.6., 13.2. and 13.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties (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 (Sunstone Hotel Investors, 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 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 no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.1., 5.4., 12.6., 13.2. 13.2 and 13.9. 13.9 and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties (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 130 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 (Spirit Realty Capital, 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 expired, have been cancelled or have otherwise terminated or expired or been 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.(b2.5.(b)), (c) none of the Lenders nor the Swingline Lender is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the Swingline Lender are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the 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.. 4889-7534-3155, v. 14

Appears in 1 contract

Samples: Credit Agreement (Corporate Office 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 canceled (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, (c) none of the Lenders nor the Swingline Lender is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the Swingline Lender are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the 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 (United Dominion 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 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 is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.1., 5.4., 12.6., 13.2. and 13.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties (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 (Sunstone Hotel Investors, 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 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 no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank Agent and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.1., 5.4., 12.612.7., 13.2. and 13.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Agent and the Lenders and their respective Related Parties (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: Term Loan 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 canceled (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 no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the Swingline Lender are entitled under the provisions of Sections 3.103.12., 5.14.1., 5.44.4., 12.611.7., 13.212.2. and 13.912.9. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.412.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank the Lenders and their respective Related Parties the 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 (UDR, 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 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.(b2.3(b)), (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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. The indemnities to which the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.1., 5.4., 12.6., 13.2. 13.2 and 13.9. 13.9 and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.4., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Banks and the Lenders and their respective Related Parties (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 and Term Loan Agreement (Spirit Realty, L.P.)

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 canceled (other than Extended Letters of Credit the expiration dates of which extend beyond the Revolving Credit 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) have terminated, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no Issuing Bank is 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, this Agreement shall terminate. The indemnities to which the Administrative Agent, the Issuing Bank Agent and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10.3.12, 5.1.4.1, 5.4.4.4, 12.6.11.7, 13.2. 12.2 and 13.9. 12.9 and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.4.12.4, shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank Agent and the Lenders and their respective Related Parties (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 (Epr Properties)

Termination; Survival. This Agreement shall terminate at such time as (a) all of the Commitments and the Swingline Commitment have been terminated, (b) all Letters of Credit have terminated or expired or been 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 no the Issuing Bank is no longer obligated under this Agreement to issue Letters of Credit Credit, and (dc) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full. The Notwithstanding any termination of this Agreement, or of the other Loan Documents, the indemnities to which the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.1010.7., 5.1., 5.4., 12.6., 13.211.2. and 13.911.10. and any other provision of this Agreement and the other Loan Documents, and the provisions waivers of jury trial and submission to jurisdictions contained in Section 13.411.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties (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 (Pennsylvania Real Estate Investment Trust)

Termination; Survival. NAI-1501018941v4 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 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))canceled, (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and no the Issuing 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. The indemnities to which the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties are entitled under the provisions of Sections 3.10., 5.1., 5.4., 12.6.12.8, 13.2. 13.2 and 13.9. 13.10 and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 13.4.13.5, shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank and the Lenders and their respective Related Parties (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 (LGI Homes, Inc.)

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