Common use of Continuing Nature Clause in Contracts

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) 2 502181873 v2 1205867.00001

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) 2 502181873 v2 1205867.00001the 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