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 the Borrower or any of the Transaction Parties herein, in any 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 the Administrative Agent and the Lenders and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the making of the Loans and the issuance of the Letters of Credit herein contemplated and the execution and delivery to the Administrative Agent of the Notes regardless of any investigation made by the Administrative Agent or the Lenders or on their behalf and shall continue in full force and effect so long as any 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 not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower hereunder or by a Transaction Party under a Fundamental Document (as applicable).

Appears in 2 contracts

Samples: Security and Pledge Agreement (Gci Inc), Credit, Guaranty, Security and Pledge Agreement (Gci Inc)

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Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any of the Transaction Credit Parties herein, in any other Fundamental Document or in any certificate or other instrument delivered by it or on its behalf under or in connection with this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the Administrative Agent Agent, the Issuing Bank and the Lenders and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the making of the Loans and the issuance of the Letters of Credit herein contemplated and the execution and delivery to the Administrative Agent of the Notes regardless of any investigation made by the Administrative Agent Agent, the Issuing Bank or the Lenders or on their behalf and shall continue in full force and effect so long as any amount due or to become due hereunder Obligation is outstanding and unpaid and so long as any Letter of Credit remains outstanding 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 the Borrower hereunder or by a Transaction Party under a Fundamental Document (as applicable)Credit Parties hereunder.

Appears in 2 contracts

Samples: Credit, Security, Guaranty and Pledge Agreement (First Look Studios Inc), Guaranty and Pledge Agreement (Overseas Filmgroup Inc)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any of the Transaction Credit Parties herein, in any other Fundamental Document or in any certificate or other instrument delivered by it or on its behalf in connection with under this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the Administrative Agent Agent, the Issuing Bank and the Lenders 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 the issuance of the Letters of Credit herein contemplated and the execution and delivery to the Administrative Agent of the Notes any notes evidencing any Loan hereunder regardless of any investigation made by the Administrative Agent Agent, the Issuing Bank or the Lenders or on their behalf behalf, and shall continue in full force and effect so long as any amount due or to become due hereunder Obligation is outstanding and unpaid and so long as any Letter of Credit remains outstanding 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 the Borrower hereunder or by a Transaction Party under a Fundamental Document (as applicable)Credit Parties hereunder.

Appears in 2 contracts

Samples: Genesis Healthcare Corp, Genesis Healthcare Corp

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any of the Transaction Credit Parties 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 the Administrative Agent Agent, the Collateral Agent, the Issuing Bank and the Lenders 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 the issuance of the Letters of Credit herein contemplated and the execution and delivery to the Administrative Agent of the Notes any notes evidencing any Loan hereunder regardless of any investigation made by the Administrative Agent Agent, the Collateral Agent, the Issuing Bank or the Lenders or on their behalf behalf, and shall continue in full force and effect so long as any amount due or to become due hereunder Obligation is outstanding and unpaid and so long as any Letter of Credit remains outstanding 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 the Borrower hereunder or by a Transaction Party under a Fundamental Document (as applicable)Credit Parties hereunder.

Appears in 1 contract

Samples: Guaranty and Pledge Agreement (Guilford Mills Inc)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any of the Transaction Parties herein, in any Fundamental Document other Credit Party 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 Lenders, the Issuing Bank, the Collateral Agent, the Tranche B Agent, the Co-Agents and the Administrative Agent and the Lenders and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the making of the Loans and the issuance of the Letters of Credit herein contemplated and the execution issuance and delivery to the Administrative Agent of the Notes and the Letters of Credit, regardless of any investigation made by any Lender, the Issuing Bank, the Collateral Agent, the Tranche B Agent, either Co-Agent and the Administrative Agent or the Lenders or on their its behalf and shall continue in full force and effect so long as any 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 not been terminated. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower and the other Credit Parties hereunder or by a Transaction Party under a Fundamental Document (as applicable)with respect to the Borrower and the other Credit Parties.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (New Horizons of Yonkers Inc)

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Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any of the Transaction Credit Parties 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 the Administrative Agent Agent, Issuing Bank and the Lenders and, except for any terminations, amendments, modifications or waivers thereof in accordance with the terms hereof, shall survive the making of the Loans and the issuance of the Letters of Credit herein contemplated and the execution and delivery to the Administrative Agent of the Notes regardless of any investigation made by the Administrative Agent Agent, Issuing Bank or the Lenders or on their behalf and shall continue in full force and effect so long as any amount due or to become due hereunder Obligation is outstanding and unpaid and so long as any Letter of Credit remains outstanding 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 the Borrower hereunder or by a Transaction Party under a Fundamental Document (as applicable)Credit Parties hereunder.

Appears in 1 contract

Samples: Harvey Entertainment Co

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any of the Transaction Credit Parties 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 the Administrative Agent Agent, the Documentation Agent, the Issuing Bank and the Lenders 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 conversion and continuation of the Existing Loans, the making of the Revolving Credit Loans and the issuance of the Letters of Credit herein contemplated and the execution and delivery to the Administrative Agent of the Notes any notes evidencing any Loan hereunder regardless of any investigation made by the Administrative Agent Agent, the Documentation Agent, the Issuing Bank or the Lenders or on their behalf and shall continue in full force and effect so long as any 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 not been terminatedbehalf. All statements in any such certificate or other instrument shall constitute representations and warranties by the Borrower hereunder or by a Transaction Party under a Fundamental Document (as applicable)Credit Parties hereunder.

Appears in 1 contract

Samples: Guaranty and Pledge Agreement (Ventas Inc)

Survival of Agreement, Representations and Warranties, etc. All warranties, representations and covenants made by the Borrower or any of the Transaction Credit Parties herein, in any other Fundamental Document or in any certificate or other instrument delivered by it or on its behalf in connection with under this Credit Agreement or any other Fundamental Document shall be considered to have been relied upon by the Administrative Agent Agents, the Issuing Bank and the Lenders 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 restructuring described herein, the making of the Loans and the issuance of the Letters of Credit herein contemplated and the execution and delivery to the Administrative Agent of the Notes any notes evidencing any Loan hereunder regardless of any investigation made by the Administrative Agent Agents, the Issuing Bank or the Lenders or on their behalf behalf, and shall continue in full force and effect so long as any amount due or to become due hereunder Obligation is outstanding and unpaid and so long as any Letter of Credit remains outstanding 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 the Borrower hereunder or by a Transaction Party under a Fundamental Document (as applicable)Credit Parties hereunder.

Appears in 1 contract

Samples: Credit Agreement (Oneida LTD)

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