Common use of Survival of Agreement, Representations and Warranties, etc Clause in Contracts

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by Borrower herein, in any other Fundamental Document or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by Lender and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the execution and delivery of this Credit Agreement, the making of the Loans herein contemplated and the execution and delivery of any notes evidencing any Loan hereunder regardless of any investigation made by Lender or on its behalf, and shall continue in full force and effect so long as any Obligation is outstanding and unpaid and so long as the Commitments have not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by Borrower hereunder.

Appears in 3 contracts

Samples: Credit and Security Agreement (Franks Nursery & Crafts Inc), Credit and Security Agreement (Franks Nursery & Crafts Inc), Credit and Security Agreement (Franks Nursery & Crafts Inc)

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Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by Borrower herein, in any other Fundamental Document of the Credit Parties herein or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the Lender and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the execution and delivery of this Credit Agreement, the making of the Loans and issuance of the Letters of Credit herein contemplated and the execution and delivery to the Lender of any notes evidencing any Loan hereunder the Note regardless of any investigation made by the Lender or on its behalf, and shall continue in full force and effect so long as any Obligation amount due or to become due hereunder is outstanding and unpaid and so long as any Letter of Credit remains outstanding and so long as the Commitments have Commitment has not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by Borrower the Credit Parties hereunder.

Appears in 1 contract

Samples: Guaranty Agreement (Newstar Media Inc)

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Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by Borrower any of the Credit Parties herein, in any other Fundamental Document (other than representations under the Hollywood SPA) or in any certificate or other instrument delivered by it or on its behalf in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the Lender and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, hereof shall survive the execution and delivery of this Credit Agreement, the making of the Loans Loan herein contemplated and the execution and delivery to the Lender of any notes evidencing any Loan hereunder the Note regardless of any investigation made by the Lender or on its behalf, their behalf and shall continue in full force and effect so long as any Obligation is outstanding and unpaid and so long as the Commitments have not been terminatedunpaid. All statements in any such certificate or other instrument shall constitute representations and warranties by Borrower the Credit Parties hereunder.

Appears in 1 contract

Samples: And Pledge Agreement (Hollywood Media Corp)

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