Common use of Survival of Agreements Clause in Contracts

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Advances, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower and the Subsidiary Guarantors herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all Payment in Full of the Indebtedness is paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit AgreementObligations.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower Borrowers hereunder or under the Original Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower Borrowers under this Amendment Agreement and under the Original Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Company herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower Company and any Guarantors hereunder or under the Credit Agreement to Bank Xxxxx Fargo shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Person or any such Guarantor, as applicable, under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of each Loan, and shall further survive until all of the Indebtedness is Obligations under the Credit Agreement are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank Agent shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, ---------------------- covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Related Person hereunder or under the Credit Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of each Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by any Borrower hereunder or under the Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, such Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower the Restricted Persons herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of each Loan, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Restricted Person under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower such Restricted Person under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this First Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank the Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or and agreements and covenants of, the Borrower under this First Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Related Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, ---------------------- covenants and agreements of Borrower each Obligor herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Obligor hereunder or under the Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Obligor under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower and each Guarantor herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Guarantor hereunder or under the Credit Loan Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such party under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower Borrowers hereunder or under the Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower Borrowers under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this the Amendment Documents and the performance hereof, hereof and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Related Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this the Amendment Documents and under the Credit Agreement.

Survival of Agreements. All representations, ---------------------- warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Related Person hereunder or under the Credit Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, ---------------------- covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, ---------------------- covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower the Related Person herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Related Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment Amendment, and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Loan Agreement to Bank the Agent or the Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Subsidiary hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower Borrowers hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower Borrowers under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower the Company herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower the Company hereunder or under the Credit Agreement to any Bank shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower the Company under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or General Partner hereunder or under the Credit Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this First Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by the Borrower hereunder or under the Credit Agreement to Bank the Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, the Borrower under this First Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Original Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Original Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Second Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or and agreements and covenants of, Borrower under this Second Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower and Parent herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank Noteholder shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower the Related Person herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Related Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower and Parent herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank Banks shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this the Amendment Documents and the performance hereof, including without limitation the issuance of the Renewal Notes, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Related Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this the Amendment Documents and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment Amendment, the issuance and delivery of the Renewal Revolving Credit Note and the performance hereof, and shall further survive until all of the Indebtedness is paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower Borrowers hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower Borrowers under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by the Borrower hereunder or under the Credit Original Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, the Borrower under this Amendment and under the Credit Original Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank Comerica shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Advances and Equipment Advances, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this Third Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by the Borrower hereunder or under the Credit Agreement to Bank the Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, the Borrower under this Third Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this First Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank Agent or any Lender shall be deemed to constitute representations and warranties by, or and agreements and covenants of, Borrower under this First Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in containedin any certificate or instrument delivered by Borrower hereunder or under the Credit Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Company hereunder or under the Credit Agreement to Bank Banks shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower the Companies under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Guarantor or Borrower hereunder or under the Credit Agreement to Bank One shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Person under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Related Person/Restricted Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment Agreement and the performance hereof, hereof and shall further survive until all of the Indebtedness is obligations under the Loan Documents are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement Loan Documents to Bank shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment Agreement and under the Credit AgreementLoan Documents.

Survival of Agreements. All representations, warranties, covenants and agreements of each Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by any Borrower hereunder or under the Credit Loan Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, such Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Borrowers herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Advances and Equipment Advances, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower Borrowers hereunder or under the Credit Loan Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower Borrowers under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereofhereof including, without limitation, the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Restricted Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Guarantor or Borrower hereunder or under the Credit Agreement to Bank Agent shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Person under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loan and the issuance and delivery of the Renewal Note, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank Agent shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this First Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank Administrative Agent or any Lender shall be deemed to constitute representations and warranties by, or and agreements and covenants of, Borrower under this First Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Guarantor or Borrower hereunder or under the Credit Agreement to Bank shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.under

Survival of Agreements. All representations, warranties, ----------------------- covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. 004726 000020 DALLAS 1786529.2 All statements and agreements contained in any certificate or instrument delivered by Borrower or any Restricted Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of the Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument instrument, as applicable, delivered by the Borrower hereunder or under the Credit Agreement to Bank the Agent and/or the Lenders shall be deemed to constitute representations and warranties by, or agreements and covenants of, the Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower Credit Parties herein shall survive the execution and delivery of this Amendment and the performance hereof, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower Borrowers or any other Credit Party hereunder or under the Credit Loan Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Person(s) under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower or any Restricted Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Related Person hereunder or under the Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower such Related Person under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting ofthe Loans, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Loan Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Loan Agreement.

Survival of Agreements. All representations, warranties, covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loan, and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower hereunder or under the Credit Agreement to Bank Lender shall be deemed to constitute representations and warranties by, or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.

Survival of Agreements. All representations, warranties, ------------------------ covenants and agreements of Borrower herein shall survive the execution and delivery of this Amendment and the performance hereof, including without limitation the making or granting of the Loans and shall further survive until all of the Indebtedness is Obligations are paid in full. All statements and agreements contained in any certificate or instrument delivered by Borrower any Restricted Person hereunder or under the Credit Agreement to Bank any Lender shall be deemed to constitute representations and warranties by, or and/or agreements and covenants of, Borrower under this Amendment and under the Credit Agreement.