Common use of Survival of Agreement Clause in Contracts

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties and shall survive the making by the Lenders of the Extensions of Credit regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Borrowers herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are the principal of or any Loans accrued interest on any Loan or any Fee or any other amount payable under this Agreement is outstanding and unpaidunpaid or the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are the principal of or any Loans accrued interest on any Loan or any Fee or any other amount payable under this Agreement is outstanding and unpaidunpaid or the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower any Credit Party herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are the principal of or any Loans accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaidunpaid or the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein Loan Parties in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Secured Parties and shall survive the making by the Lenders execution and delivery of the Extensions of Credit regardless Loan Documents and the making of any investigation made by Loans, in each case, in accordance with and subject to the Lenders or on their behalf, and shall continue limitations set forth in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaidSection 9.05 of the Credit Agreement.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under this Agreement is Obligation remains outstanding and unpaidunpaid and so long as the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any outstanding Loans or any Fee or any other amount payable under this Agreement is outstanding and unpaidunpaid or the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Credit Parties herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are the principal of or any Loans accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaidunpaid or the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Bank and shall survive the making by the Lenders Bank of the Extensions Loans and the execution and delivery to the Bank of Credit the Notes, regardless of any investigation made by the Lenders Bank or on their its behalf, and shall continue in full force and effect as long as there are the principal of or any Loans accrued interest on any Loan or any other amount payable under this Agreement is outstanding and unpaidObligations are outstanding.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Secured Parties and shall survive the making by the Lenders of the Extensions of Credit Loans, regardless of any investigation made by the Lenders Secured Parties or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under until this Agreement is outstanding and unpaidshall terminate.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein Loan Parties in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Secured Creditors and shall survive the making by the Lenders execution and delivery of the Extensions of Credit regardless Loan Documents and the making of any investigation made by Loans, in each case, in accordance with and subject to the Lenders or on their behalf, and shall continue limitations set forth in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaid11.20 of the Credit Agreement.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Banks and shall survive the making by the Lenders Banks of the Extensions Loans, and the execution and delivery to the Banks of Credit the Notes evidencing such Loans, regardless of any investigation made by the Lenders Banks or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaiduntil Termination has occurred.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Lender and shall survive the making by the Lenders Lender of the Extensions Loans, and the execution and delivery to the Lender of Credit the Note evidencing such Loans, regardless of any investigation made by the Lenders Lender or on their its behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaiduntil Termination has occurred.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein Loan Parties in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Secured Parties and shall survive the making by the Lenders execution and delivery of the Extensions of Credit regardless Loan Documents and the making of any investigation made by Loans and issuance of any Letters of Credit, in each case, in accordance with and subject to the Lenders or on their behalf, and shall continue limitations set forth in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaidSection 9.05 of the Credit Agreement.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein Loan Parties in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement and the shall be considered to have been relied upon by the Credit Secured Parties and shall survive the making by the Lenders execution and delivery of the Extensions of Credit regardless Loan Documents and the making of any investigation made by Loans and issuance of any Letters of Credit, , in each case, in accordance with and subject to the Lenders or on their behalf, and shall continue limitations set forth in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaidSection 9.05 of the First Lien Credit Agreement.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Loans, regardless of any investigation investigations made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under this Agreement Obligation is outstanding and unpaidunpaid and so long as the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein Credit Parties in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Secured Creditors and shall survive the making by the Lenders execution and delivery of the Extensions of Credit regardless Loan Documents and the making of any investigation made by Loans, in each case, in accordance with and subject to the Lenders or on their behalf, and shall continue limitations set forth in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaidSection 5.24 of the Credit Agreement.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Borrowers herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making of Loans by the Lenders of the Extensions of Credit hereunder regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable amounts are outstanding under this Agreement is outstanding or any of the other Credit Documents and unpaidso long as the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Credit Parties herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Holders and shall survive the making by the Lenders Holders of the Extensions of Credit investment, regardless of any investigation made by the Lenders Holders or on their behalf, behalf and shall continue in full force and effect as long as there are any Loans the principal of or any other amount payable under this Agreement accrued interest on the Notes is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lender and shall survive the making by the Lenders Lender of the Extensions of Credit regardless of any investigation made by the Lenders Lender or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Lender and shall survive the making by the Lenders Lender of the Extensions of Credit loan hereunder, regardless of any investigation made by the Lenders Lender or on their its behalf, and shall continue in full force and effect as long as there are any Loans or Loan Amount any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making of Loans by the Lenders of the Extensions of Credit hereunder regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable amounts are outstanding under this Agreement is outstanding or any of the other Credit Documents and unpaidso long as the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Credit Parties herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Investment Document shall be considered to have been relied upon by the Credit Parties Holders and shall survive the making by the Lenders Holders of the Extensions of Credit investment, regardless of any investigation made by the Lenders Holders or on their behalf, behalf and shall continue in full force and effect as long as there are any Loans the principal of or any other amount payable under this Agreement accrued interest on the Debentures is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Lender and shall survive the making by the Lenders of the Extensions of Credit Loans, regardless of any investigation made by the Lenders or on their behalfLender, and shall continue in full force and effect as long as there are the principal of or any Loans accrued interest on any Loan or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations repre- sentations and warranties made by the Borrower herein Loan Parties in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement and the shall be considered to have been relied upon by the Credit Secured Parties and shall survive the making by the Lenders execution and delivery of the Extensions of Credit regardless Loan Documents and the making of any investigation made by Loans, in each case, in accordance with and subject to the Lenders or on their behalf, and shall continue limitations set forth in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaidSection 9.05 of the First Lien Credit Agreement.

Survival of Agreement. All covenants, agreements, representations and warranties made by the each Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans the principal of or any other amount payable under this Agreement is outstanding and unpaid.accrued interest on any Loan or any Fee or

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Advances regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans Outstanding Advances or any Fee or any other amount payable under this Agreement is outstanding and unpaidunpaid or the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein Loan Parties in this Agreement or any other Loan Document and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Secured Parties and shall survive the making by the Lenders execution and delivery of the Extensions of Credit regardless Loan Documents and the making of any investigation made by Loans and issuance of any Letters of Credit, in each case, in accordance with and subject to the Lenders or on their behalf, and shall continue limitations set forth in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaidSection 9.05 of the Credit Agreement.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower or Holdings herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Lenders and the Issuing Bank and shall survive the making by the Lenders of the Extensions of Credit regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaid.the

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Loan Parties herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall shall, be considered to have been relied upon by the Credit Parties Lenders and the Issuing Banks and shall survive the making by the Lenders of the Extensions any Loans and issuance of any Letters of Credit regardless of any investigation made by the Lenders or on their behalfeach Issuing Bank, and shall continue in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaiduntil the Termination Date.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Banks and shall survive the making by the Lenders Banks of the Extensions Loans, and the execution and delivery to the Banks of Credit the Notes evidencing such Loans, regardless -51- of any investigation made by the Lenders Banks or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaiduntil Termination has occurred.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Credit Parties herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Subordinated Debenture Document shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Loan, regardless of any investigation made by the Lenders or on their behalf, behalf and shall continue in full force and effect as long as there are any Loans the principal of or any other amount payable under this Agreement accrued interest on the Subordinated Debentures is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making extension by the Lenders of the Extensions maturity of Credit the Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are the principal of or any Loans accrued interest on any Loan or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties and shall survive the making by the Lenders of the Extensions of Credit regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Term Loans or any other amount payable under this Agreement is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Lender and shall survive the making by the Lenders Lender of the Extensions Extension of Credit regardless of any investigation made by the Lenders Lender or on their the Lender’s behalf, and shall continue in full force and effect as long as there are any Term Loans or any other amount payable under this Agreement is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by any or all of the Borrower Debtors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Secured Parties and shall survive the making execution and delivery by the Lenders Lender of any waiver and amendment to the Extensions of Credit Existing Loan Agreements and/or the 2005 Note regardless of any investigation made by the Lenders or on their behalfLender, and shall continue in full force and effect as long as there are any Loans or any other amount payable under until this Agreement is outstanding and unpaidshall terminate.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit loan hereunder, regardless of any investigation made by the Lenders or on their its behalf, and shall continue in full force and effect as long as there are any Loans or Loan Amount any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit Loans, regardless of any investigation made by the Lenders or on their behalfLenders, and shall continue in full force and effect as long as there are the principal of or any Loans accrued interest on any Loan or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower Debtor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the Loan Agreement shall be considered to have been relied upon by the Credit Parties Secured Party and shall survive the making payment of any amounts or supply of any services by the Lenders of Secured Party to the Extensions of Credit Debtor, regardless of any investigation made by the Lenders Secured Party or on their its behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under until this Agreement is outstanding and unpaidshall terminate.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein Loan Parties in this Agreement and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties Secured Creditors and shall survive the making by the Lenders execution and delivery of the Extensions of Credit regardless Loan Documents and the making of any investigation made by Loans, in each case, in accordance with and subject to the Lenders or on their behalf, and shall continue limitations set forth in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaidSection 11.20 of the Credit Agreement.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the Credit Parties and shall survive the making by the Lenders of the Extensions of Credit Loans regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans Outstanding Credits or any Fee or any other amount payable under this Agreement is outstanding and unpaidunpaid or the Commitments have not been terminated.

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower and the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Credit Parties Lenders and shall survive the making by the Lenders of the Extensions of Credit regardless of any investigation made by the Lenders or on their behalfLoans, and shall continue in full force and effect as long as there are any Loans or any other amount payable under this Agreement is outstanding and unpaid.regardless

Survival of Agreement. All covenants, agreements, representations and warranties made by the Borrower any Debtor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Security Agreement shall be considered to have been relied upon by the Credit Secured Parties and shall survive the making by the Lenders of the Extensions Loans, and the execution and delivery to the Lenders of Credit any notes evidencing such Loans, regardless of any investigation made by the Lenders or on their behalf, and shall continue in full force and effect as long as there are any Loans or any other amount payable under until this Security Agreement is outstanding and unpaidshall terminate.