Terms Binding Upon Successors; Survival of Representations. The terms and provisions of this Agreement shall bind and benefit the parties hereto and their respective successors and assigns; provided that the Company may not assign or delegate any of their rights, benefits or duties under any of this Agreement, and any attempted assignment made without the written consent or written confirmation of all the Lenders shall be void. All representations, warranties, covenants and agreements herein contained on the part of the Company shall survive the making of any Advance and the execution of the Senior Credit Notes and shall be effective so long as the Commitments are outstanding or any obligation of the Company hereunder or under the Senior Credit Notes or any of the other Facilities Papers remains to be paid or performed.
Appears in 5 contracts
Samples: Credit Agreement (Homebanc Corp), Credit Agreement (E Loan Inc), Credit Agreement (Long Beach Financial Corp)
Terms Binding Upon Successors; Survival of Representations. The terms and provisions of this Agreement shall bind and benefit the parties hereto and their respective successors and assigns; provided that the Company Companies may not assign or delegate any of their rights, benefits or duties under any of this Agreement, and any attempted assignment made without the written consent or written confirmation of all the Lenders shall be void. All representations, warranties, covenants and agreements herein contained on the part of the Company Companies shall survive the making of any Advance and the execution of the Senior Credit Notes and shall be effective so long as the Commitments are outstanding or any obligation of the Company Companies hereunder or under the Senior Credit Notes or any of the other Facilities Papers remains to be paid or performed.
Appears in 3 contracts
Samples: Assignment and Assumption, Credit Agreement (Homebanc Corp), Assignment and Assumption (Homebanc Corp)
Terms Binding Upon Successors; Survival of Representations. The terms and provisions of this Agreement shall bind and benefit the parties hereto and their respective successors and assigns; provided that neither the Parent nor any Company may not assign or delegate any of their its rights, benefits or duties under any of this Agreement, and any attempted assignment made without the written consent or written confirmation of all the Lenders shall be void. All representations, warranties, covenants and agreements herein contained on the part of the Parent and each Company shall survive the making of any Advance and the execution of the Senior Credit Notes and shall be effective so long as the Commitments are outstanding or any obligation of the Company hereunder or under the Senior Credit Notes or any of the other Facilities Papers remains to be paid or performed.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (American Business Financial Services Inc /De/), Assignment and Assumption Agreement (American Business Financial Services Inc /De/)
Terms Binding Upon Successors; Survival of Representations. The terms and provisions of this Agreement shall bind and benefit the parties hereto and their respective successors and assigns; provided that the Company Borrowers may not assign or delegate any of their rights, benefits or duties under any of this Agreement, and any attempted assignment made without the written consent or written confirmation of all the Lenders Lender shall be void. All representations, warranties, covenants and agreements herein contained on the part of the Company Borrowers shall survive the making of any Advance and the execution of the Senior Credit Notes Note and shall be effective so long as the Commitments are outstanding or any obligation of the Company Borrowers hereunder or under the Senior Credit Notes Note or any of the other Facilities Credit Papers remains to be paid or performed.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Fieldstone Investment Corp)