Common use of Binding Effect; Survival Clause in Contracts

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and the provisions of Article VI and Article XVI shall inure to the benefit of the Indemnified Parties, respectively, and their respective successors and assigns; provided that, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as all Class A Advances and other Obligations shall have been indefeasibly and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminated. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower pursuant to Article IX and the indemnification and payment provisions of Article VI and Article XVI and Section 17.4 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon Group’s rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Credit Agreement (Avolon Holdings LTD)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the parties hereto Lenders, the Agents and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Collection Agent pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon GroupArvinMeritor’s rights to act as the Servicer Collection Agent hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Arvinmeritor Inc)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, the Issuing Lender, the Lenders, the Administrator and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or the Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 and any breach by the Borrower or the Servicer pursuant to Sections 8.9, 8.10, 8.23, 8.24, and 8.25 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon GroupJarden’s rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Jarden Corp)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, the Lender, the Administrator and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or the Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon GroupJarden’s rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Jarden Corp)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, Bank, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatPROVIDED, HOWEVER, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon Group’s ChoicePoint's rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Choicepoint Inc)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the parties hereto Lenders, the Agents and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Collection Agent pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI , Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon GroupArvinMeritor’s rights to act as the Servicer Collection Agent hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Arvinmeritor Inc)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, the Bank, the Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon GroupG&K’s rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (G&k Services Inc)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, the Lender, the Administrator and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or the Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 and any breach by the Borrower or the Servicer pursuant to Sections 8.9, 8.10, 8.23, 8.24, and 8.25 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon GroupJarden’s rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Jarden Corp)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, Bank, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatPROVIDED, HOWEVER, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon Group’s G&K's rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (G&k Services Inc)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, Bank, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon Group’s Oxford's rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Oxford Industries Inc)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, the Lenders, the Administrator and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or the Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 and any breach by the Borrower or the Servicer pursuant to Sections 8.9, 8.10, 8.23, 8.24, and 8.25 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon GroupJarden’s rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Jarden Corp)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of Borrower, the parties hereto Lenders, the LC Issuers, the Agents and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon Group’s Bowater's rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Bowater Inc)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, Bank, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatPROVIDED, HOWEVER, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon Group’s Interface's rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Interface Inc)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, Bank, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or either Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon Group’s U.S. Xpress' and Global's rights to act as the Servicer Servicers hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Us Xpress Enterprises Inc)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, Bank, Central Nevada, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon Group’s Central Nevada's rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Central Freight Lines Inc/Tx)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, Bank, Covenant Nevada, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Master Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon Group’s Covenant Nevada's rights to act as the Master Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Covenant Transport Inc)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, Bank, Baldor, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Master Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon GroupBaldor’s rights to act as the Master Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (Baldor Electric Co)

Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the parties hereto Borrower, Bank, Lender, Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XVI XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided thatprovided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XVXIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, as after the Commitment Termination Date, when all Class A Advances and other Obligations shall have been indefeasibly finally and fully paid and performed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminatedperformed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Servicer pursuant to Article IX VIII and the indemnification and payment provisions of Article VI XIV and Article XVI VI, Sections 15.4, 15.11 and Section 17.4 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of any member of the Avolon GroupG&K’s rights to act as the Servicer hereunder or under any other Transaction Document.

Appears in 1 contract

Sources: Loan Agreement (G&k Services Inc)