Continuing Nature. All representations and warranties contained in this Agreement shall survive the Closing for a period of two (2) years and, if applicable, all covenants, which, according to their terms are to be performed after the execution of this Agreement, shall survive the Closing for a period of two (2) years.
Continuing Nature. This Agreement shall continue to be effective until the payment in full of all Secured Claims. This is a continuing agreement of lien subordination and the Senior Secured Parties may continue, at any time and without notice to any Junior Secured Party, to extend credit and other financial accommodations and lend monies constituting Senior Claims on the faith hereof. The terms of this Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding.
Continuing Nature. The security constituted by this Deed is to be a continuing security to the Security Trustee on trust for the Lender Parties notwithstanding any intermediate payment or settlement of account or other matter or thing whatsoever and in particular the intermediate satisfaction by (a) the Borrower or any other person of the whole or any part of the Senior Liabilities or (b) any Subordinated Creditor or any other person of the whole or any part of such Subordinated Obligations.
Continuing Nature. The environmental provisions of this Lease Agreement shall survive the termination of the Lease Agreement, such provisions to continue in full force and effect so long as the possibility of any environmental liability, claim, obligations, or leases of the Lessor with respect to the Leased Premises, attributable to Lessee, its agents or invitees, shall exist. However, Lessee may limit its liability and obligations under the environmental provisions of this Lease by obtaining environmental audits of the Leased Premises before the effective date of the Assignment and after the Termination of the Lease Term, at Lessee's sole expense, prepared by environmental consultants acceptable to the Lessor (which acceptable consultants shall include Ash Environmental Engineering, Inc., St. Petersburg, Florida), to determine if Lessee has caused any Hazardous Substances to be released or disposed of in, on, about, or under the Leased Premises in violation of any Environmental Law, Environmental Regulation, order of an Environmental Regulator, or any permit issued by an Environmental Regulator. Lessee shall provide copies of all such environmental audits to the Lessor. In the event that the environmental audits substantiate that Lessee has not caused any Hazardous Substances to be released or disposed of in, on, about, or under the Leased Premises in violation of any Environmental Law, Environmental Regulation, order of an Environmental Regulator, or any permit issued by an Environmental Regulator, then Lessee's obligations under the environmental provisions of this Lease shall cease.
Continuing Nature. Unless otherwise expressly provided, all authorisations and Instructions shall continue in full force and effect until cancelled or superseded by subsequent authorisations or Instructions received by the Account Bank. The Account Bank's authorisation to rely and act upon Instructions pursuant to this clause shall be in addition to, and shall not limit, any other authorisation which the Agent may give to it hereunder.
Continuing Nature. This Agreement shall continue and apply to any ultimate unpaid balance of the Guaranteed Obligations and shall be reinstated if at any time payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by Alderon and/or the Partnership, as applicable upon the insolvency, bankruptcy or reorganization of Hebei Subsidiary or for any other reason whatsoever, all as though such payment had not been made.
Continuing Nature. The representations above will be treated as continuing, made by each party with the same effect as though the representations had been made again on, and as of, each day that this Agreement is in force.
Continuing Nature. All warranties and representations of Borrowers herein are now and will continue to be true and correct (except to the extent that any such warranty or 29 representation states that it relates to a particular date) until the Notes are repaid in full, all covenants and agreements herein contained are observed and performed by Borrowers, all Letters of Credit have expired, and the Syndication Parties have no further obligation to make Advances or to cause Agent to issue Letters of Credit.
Continuing Nature. This Agreement shall be continuing and shall not be discharged, impaired or affected by (i) the power or authority or lack thereof of any Loan Party to incur or contract for the Obligations or to execute, acknowledge or deliver any document, agreement or other instrument evidencing, securing or otherwise executed in connection with the Obligations; (ii) the regularity or irregularity, validity or invalidity, or enforceability or unenforceability of the Obligations; (iii) any defenses (other than the payment and performance of the Obligations in full) or counterclaims whatsoever that any Loan Party may or might have to the payment or performance of the Obligations or to the assertion of a default under any document, agreement or other instrument evidencing, securing or otherwise executed in connection with the Obligations including, but not limited to, lack of consideration, statute of frauds, infancy, breach of warranty, lender liability, usury, fraud and statute of limitations; (iv) the existence or non‑existence of any Loan Party as a legal entity; (v) the transfer by any Loan Party of all or any part of the property securing the Obligations; 82956925
Continuing Nature. This Guaranty is a primary and original obligation of Guarantor and is an absolute, unconditional, continuing and irrevocable guaranty of payment and performance and not of collectibility and is in no way conditioned or contingent upon any action or omission by Lender, including any requirement that Lender first attempt to collect any of the Obligations from Borrower or resort to any security therefor, or upon any other action, occurrence, or circumstance whatsoever other than the failure of Borrower to promptly and completely make any payment due to Lender in respect to the Obligations as and when the same become due and payable, whether at maturity, by acceleration or otherwise. This Guaranty is in addition to, and not in substitution for or in reduction of, any other guaranty by Guarantor or any other guarantor in favor of Lender. This Guaranty shall be continuing and shall not be discharged, impaired or affected by (i) the power or authority or lack thereof of Borrower to incur or contract for the Obligations or to execute, acknowledge or delivery any document, agreement or other instrument evidencing, securing or otherwise executed in connection with the Obligations; (ii) the regularity or irregularity, validity or invalidity, or enforceability or unenforceability of the Obligations; (iii) any defenses or counterclaims whatsoever that Borrower may or might have to the payment or performance of the Obligations or to the assertion of a default under any document, agreement or other instrument evidencing, securing or otherwise executed in connection with the Obligations including, but not limited to, lack of consideration, statute of frauds, infancy, breach of warranty, lender liability, usury, fraud and statute of limitations; (iv) the existence or non-existence of Borrower as a legal entity; (v) the transfer by Borrower of all or any part of the property securing the Obligations except by the permitted assumption; (vi) any right of setoff, counterclaim or defense (other than the payment and performance of the Obligations in full) that Guarantor may or might have to its respective undertakings, liabilities and obligations under this Guaranty, each and every such defense being hereby waived by Guarantor; or (vii) the inability of Lender to claim any amount of interest, fees, costs, or charges from Borrower pursuant to Section 506(b) of the United States Bankruptcy Code, as amended.
