Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 5 contracts
Samples: Revolving Credit Agreement (First Potomac Realty Trust), Revolving Credit Agreement (First Potomac Realty Trust), Revolving Credit Agreement (Hartman Commercial Properties Reit)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, herein and in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto (i) shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and (ii) shall survive the execution and delivery hereof and thereof and the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and (iii) shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Administrative Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary hereunder and have been or will be relied upon by the Trust Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default at the time of any borrowing hereunder, and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied or any Letter of Credit shall remain outstanding.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, any Subsidiary Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of Credit, Term Loan as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Creditoutstanding. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Subsidiary Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Borrower, such Subsidiary Guarantor or such Subsidiary or the Trust hereunder.
Appears in 4 contracts
Samples: Secured Term Loan Agreement (First Potomac Realty Trust), Secured Term Loan Agreement (First Potomac Realty Trust), Secured Term Loan Agreement (First Potomac Realty Trust)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Credit Agreement (Carter Validus Mission Critical REIT II, Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust BPI pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations the Agent or the any Fronting Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust BPI pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust BPI hereunder.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Boston Properties Inc), Revolving Credit Agreement (Boston Properties Inc), Credit Agreement (Boston Properties LTD Partnership)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust Guarantor pursuant hereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of themit, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has the Lenders have any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to the Agent or any Lender or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Prime Group Realty Trust), Credit Agreement (Prime Group Realty Trust), Credit Agreement (Prime Group Realty Trust)
Survival of Covenants, Etc. All covenantsrepresentations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Unless otherwise stated herein, all covenants and agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust Borrowers pursuant hereto shall be deemed to have been relied upon by the Lenders Banks, the Issuing Bank and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by them and notwithstanding that the Agents or any Bank may have had notice or knowledge of themany Default at the time of any credit extension, and shall survive the making by the Lenders of any Banks of the Loans and the acceptance and purchase of any Bankers’ Acceptance and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement, any Obligation, any Bankers’ Acceptance, any Letter of Credit or any amount due under this Agreement or the Notes Note remains outstanding and unpaid or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or the Canadian Banks have any obligation to purchase Letter of Credit Participations and accept Bankers’ Acceptances or the Fronting Issuing Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust Borrowers pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Borrowers hereunder.
Appears in 4 contracts
Samples: Global Revolving Credit Agreement (Ryder System Inc), Global Revolving Credit Agreement (Ryder System Inc), Global Revolving Credit Agreement (Ryder System Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower and the Guarantors provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Ramco Gershenson Properties Trust), Revolving Credit Agreement (Ramco Gershenson Properties Trust), Bridge Loan Agreement (Ramco Gershenson Properties Trust)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Borrowers or such Subsidiary or the Trust hereunder.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letters of Credit (other than Letters of Credit the expirations of which extend beyond the Letter of Credit Expiration Date as permitted under §2.10 and in respect to which the Borrower has satisfied the requirements of such section or §2.12, as applicable) remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 3 contracts
Samples: Credit Agreement (QTS Realty Trust, Inc.), Credit Agreement (QTS Realty Trust, Inc.), Credit Agreement (QTS Realty Trust, Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower and each Guarantor provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereintherein for a period of one year. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Plymouth Industrial REIT, Inc.), Term Loan Credit Agreement (Plymouth Industrial REIT, Inc.), Credit Agreement (Plymouth Industrial REIT Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust other Loan Parties, as applicable, pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders Lenders, LC Issuer and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuing by LC Issuer of any Letter of the Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank LC Issuer has any obligation to issue, extend or renew issue any Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders and LC Issuer hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Lender, LC Issuer or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust Loan Parties pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties as to the matters contained in such certificate or other paper by any of the Borrower or such Subsidiary or the Trust Loan Parties hereunder.
Appears in 3 contracts
Samples: Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust BPI pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension extension, increase or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations the Agent or the any Fronting Bank has any obligation to issue, extend extend, increase or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust BPI pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust BPI hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Boston Properties LTD Partnership), Credit Agreement (Boston Properties LTD Partnership), Credit Agreement (Boston Properties LTD Partnership)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans, the Swing Line Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Administrative Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 3 contracts
Samples: Assignment and Assumption (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew any Letter of Credit, and for such further time as may be otherwise expressly specified with respect to such provisions in this Credit Agreement. Notwithstanding the foregoing, the covenants contained in (S)(S)9, 10 and 11 shall remain in full force and effect for so long as any Loan, Unpaid Reimbursement Obligation or Letter of Credit is outstanding or any Bank has any obligation to make any Loans or the Agent has any obligation to issue, extend or renew any Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All written statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary hereunder. The Agent and the Banks acknowledge and agree that the delivery by the Borrower of its financial projections and forecasts pursuant to this Credit Agreement does not constitute a representation or warranty by the Trust hereunderBorrower or its Subsidiaries that the Borrower or such Subsidiary will achieve the results estimated on such projection or forecast.
Appears in 3 contracts
Samples: And Term Loan Agreement (Petro Stopping Centers L P), Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp), Credit and Term Loan Agreement (Petro Stopping Centers L P)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the any Borrower or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and Lenders, the AgentAgents, the Issuing Banks, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting any Issuing Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Lender, any Agent or the Agent any Issuing Bank at any time by or on behalf of any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the such Borrower or such Subsidiary or the Trust hereunder.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Borders Group Inc), Multicurrency Revolving Credit Agreement (Borders Group Inc), Multicurrency Revolving Credit Agreement (Borders Group Inc)
Survival of Covenants, Etc. All covenants, agreements, agreements representations and warranties made herein, in the Notesany Notes as may be issued hereunder, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust Borrowers pursuant hereto shall be deemed to have been relied upon by the Lenders Lenders, the Issuing Banks and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance by the Issuing Banks of any Letter the Letters of Credit, Credit as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Agreement, any Notes as may be issued hereunder or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinoutstanding. All statements contained in any certificate or other paper delivered to any Lender Lender, any Issuing Bank or the any Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust Borrowers pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or Borrowers hereunder. Without prejudice to the Trust survival of any other agreement of the Borrowers hereunder, the agreements and obligations of the Borrowers contained in Section 4.04, Section 4.05, Section 4.07, Section 4.08, Section 11.03 and Section 11.04 shall survive the payment in full of principal, interest and all other amounts hereunder and under any Notes as may be issued hereunder.
Appears in 3 contracts
Samples: Revolving Credit Agreement (NextEra Energy Partners, LP), Revolving Credit Agreement (NextEra Energy Partners, LP), Revolving Credit Agreement (NextEra Energy Partners, LP)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or hereunder that the Trust hereundermatters set forth therein are true and correct in all material respects as of the time delivered.
Appears in 2 contracts
Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (Seacastle Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, REA or the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, REA or the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 2 contracts
Samples: Revolving Credit Agreement (American Real Estate Investment Corp), Revolving Credit Agreement (American Real Estate Investment Corp)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust Borrowers pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders Agent and the AgentLenders, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans as herein contemplated and the issuance, extension or renewal termination of any Letter of Credit, as herein contemplatedall Commitments, and shall continue in full force and effect so long as any Letter of Credit Obligation (other than any contingent indemnification or any amount due under this Agreement or reimbursement Obligation, to the Notes or any of the other Loan Documents extent no claim giving rise thereto has been asserted in writing) remains outstanding and unpaid or any Lender has any obligation to make any Loans hereunder. Notwithstanding the foregoing, the provisions of Sections 11.2 and 11.3 shall continue in full force and effect after the payment in full of all Obligations (other than contingent indemnification or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issuereimbursement Obligations, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinno claim giving rise thereto has been asserted in writing). All statements contained in any certificate or other paper writing delivered to any Lender or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries Borrowers pursuant hereto or the Trust pursuant hereto other Loan Documents or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Borrowers hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Microfinancial Inc), Credit Agreement (Microfinancial Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower and the Guarantor provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 2 contracts
Samples: Revolving Loan Agreement (Ramco Gershenson Properties Trust), Master Revolving Credit Agreement (Ramco Gershenson Properties Trust)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, herein and in any of the other Loan Purchase Documents or in any documents or other papers delivered by or on behalf of the Borrower Issuer or any of its Subsidiaries or the Trust pursuant hereto (i) shall be deemed to have been relied upon by the Lenders and the AgentPurchaser, notwithstanding any investigation heretofore or hereafter made by any of themit, and (ii) shall survive the making execution and delivery hereof and thereof and the issuance by the Lenders of any Purchaser of the Loans and the issuance, extension or renewal of any Letter of CreditNotes, as herein contemplated, and (iii) shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or Purchase Agreement, the Notes or any of the other Loan Purchase Documents remains outstanding or any Lender the Purchaser has any obligation to make any Loans or purchase Letter of Credit Participations or issue the Fronting Bank has any obligation to issueNotes, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Purchase Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Agent Purchaser at any time by or on behalf of the Borrower Issuer or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Issuer or such Subsidiary hereunder and have been or will be relied upon by the Trust Purchaser, regardless of any investigation made by the Purchaser or on its behalf and notwithstanding that the Purchaser may have had notice or knowledge of any Default at the time of any borrowing hereunder, and shall continue in full force and effect as long as the Notes or any other Obligation hereunder shall remain unpaid.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Note Purchase Agreement (Emmis Communications Corp)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding outstanding, any Letter of Credit remains Outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 2 contracts
Samples: Credit Agreement (STORE CAPITAL Corp), Credit Agreement (STORE CAPITAL Corp)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or the Fronting Bank Administrative Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or hereunder that the Trust hereundermatters set forth therein are true and correct in all material respects as of the time delivered.
Appears in 2 contracts
Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of themthem and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default, and shall survive the making by the Lenders of any of the Loans and or the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Credit Agreement or any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Issuing Bank has any obligation to issue, renew or extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Staples Inc), Revolving Credit Agreement (Staples Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and or the issuance, extension or renewal issuance of any Letter of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew issue Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 109
Appears in 2 contracts
Samples: Secured Master Loan Agreement (Ramco Gershenson Properties Trust), Secured Master Loan Agreement (Ramco Gershenson Properties Trust)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Administrative Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Friendly Ice Cream Corp), Revolving Credit Agreement (Friendly Ice Cream Corp)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letter of Credit remains Outstanding or any Lender has any obligation to make any Loans or purchase issue any Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Mid America Apartment Communities Inc), Credit Agreement (Mid America Apartment Communities Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers certificates delivered by or on behalf of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto (as may be supplemented or amended) shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Administrative Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper certificates delivered to any Lender or the Administrative Agent at any time by or on behalf of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Borrowers or such Subsidiary or the Trust hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Vermont Pure Holdings LTD/De), Credit Agreement (Vermont Pure Holdings LTD/De)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Obligors or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Acceptance Bank, the Issuing Bank, the Lenders and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the Acceptance Bank's and the Issuing Bank's issuance, extension or renewal of any Letter of CreditCredit Instrument, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit Instrument or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations hereunder or the Fronting Acceptance Bank or the Issuing Bank has any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein any Credit Instrument, and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the any Agent at any time by or on behalf of the Borrower any Obligor or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower such Obligor or such Subsidiary or the Trust hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Baker J Inc), Credit Agreement (Baker J Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of themthem and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default, and shall survive the making by the Lenders of any of the Loans and or the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Credit Agreement or any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting any Issuing Bank has any obligation to issue, renew or extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Staples Inc), Credit Agreement (Staples Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or the Fronting Bank Administrative Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper required to be delivered to any Lender or the Administrative Agent at any time by or on behalf of any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the such Borrower or such Subsidiary or the Trust hereunder.
Appears in 2 contracts
Samples: Revolving Credit Agreement (McCormick & Schmick Holdings, L.L.C.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Parent or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew issue Letters of Credit. The indemnification obligations of the Borrower Borrowers provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Parent or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Parent or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Sunglass Hut International Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the AgentAgents at the time made or deemed made, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Revolving Credit Loans or purchase the Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Bank or the any Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.. -91-
Appears in 1 contract
Samples: Revolving Credit Agreement (California Steel Industries Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 121
Appears in 1 contract
Samples: Senior Unsecured Credit Agreement (American Realty Capital Healthcare Trust Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust any Guarantor pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations the Agent or the any Fronting Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust any Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust such Guarantor hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit or Foreign Letters of Credit, as the case may be, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit, Foreign Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations the Issuing Bank or the Fronting Foreign Issuing Bank has any obligation to issue, extend extend, amend, or renew Letters any Letter of Credit or Foreign Letter of Credit. The indemnification obligations of , as the Borrower provided herein case may be, and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or any of the Agent Agents at any time by or on behalf of any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the such Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Samsonite Holdings Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, any Subsidiary Guarantor, any Unsecured Revolver Subsidiary Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of Credit, Term Loan as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Creditoutstanding. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Subsidiary Guarantor, any Unsecured Revolver Subsidiary Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Borrower, such Subsidiary Guarantor, such Unsecured Revolver Subsidiary Guarantor or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Secured Term Loan Agreement (First Potomac Realty Trust)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Revolver Loan Documents or in any documents or other papers delivered by or on behalf of Holdings, the Borrower or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Revolver Loan Documents remains outstanding or any Lender Bank has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of AmeriKing, Holdings, the Borrower or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by AmeriKing, Holdings, the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of CreditCredit and the acceptance and/or purchase of any Bankers' Acceptance, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or accept any Bankers' Acceptance or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All factual statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Flextronics International LTD)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the a Borrower or any of its Restricted Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks, the Issuing Bank and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Agents has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Bank, the Issuing Bank or the Agent Agents at any time by or on behalf of the Borrower Borrowers or any of its their Restricted Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the such Borrower or such Restricted Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by the Borrower, the Managing Member, the Property Owner, the Guarantor, any other Additional Pledgor, Xxxxxxx X. Xxxxx or Xxxxx X. Xxxxxxx pursuant hereto or thereto or any of such Person's respective members, principals, directors, officers, partners, or any agent, employee or any other Person authorized or apparently authorized to make statements or representa- tions on behalf of any such Person to the Borrower extent of statements and representations made to FNBB and Wellsford on their tour of the Mortgaged Property on or any of its Subsidiaries or the Trust pursuant hereto about February 10, 1997 shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Creditoutstanding. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower Borrower, the Managing Member, the Property Owner, the Guarantor or any of its Subsidiaries or the Trust Additional Pledgor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 143
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the AgentBank Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantors or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Borrower, the Guarantors or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Dynatech Corp)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Lenders, the Administrative Agent and the AgentSyndication Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplatedcontemplated (regardless of any investigation made by the Administrative Agent or any Lender), and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations the Administrative Agent or the any Fronting Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent or the Syndication Agents at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust any Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust such Guarantor hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter issue any Letters of Credit Participations or (provided that to the Fronting Bank has extent there are any obligation to issue, extend or renew Letters of CreditCredit Outstanding at the Maturity Date as permitted by the penultimate sentence of §2.10(a), Borrower and Issuing Lender agree to consider having a separate letter of credit reimbursement agreement to evidence and secure the obligations of Borrower with respect to such Letters of Credit after the termination of this Agreement and the repayment and satisfaction of all other Obligations). The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 1 contract
Samples: Credit Agreement (Monogram Residential Trust, Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (American Realty Capital Healthcare Trust II, Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Healthcare Trust, Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Borrower Borrowers, any Guarantor or any of its the Restricted Subsidiaries or the Trust of a Borrower pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower Borrowers provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of any of the Borrower Borrowers or any Guarantor or any of its the Restricted Subsidiaries or the Trust of a Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Borrowers, the Guarantors or such Restricted Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew any Letter of Credit, and for such further time as may be otherwise expressly specified with respect to such provisions in this Credit Agreement. Notwithstanding the foregoing, the covenants contained in (S)(S)11, 12 and 13 shall remain in full force and effect for so long as any Loan, Unpaid Reimbursement Obligation, Letter of Credit or Note is outstanding or any Bank has any obligation to make any Loans or the Agent has any obligation to issue, extend or renew any Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All written statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary hereunder. The Agent and the Banks acknowledge and agree that the delivery by the Borrower of its financial projections and forecasts pursuant to this Credit Agreement does not constitute a representation or warranty by the Trust hereunderBorrower or its Subsidiaries that the Borrower or such Subsidiary will achieve the results estimated on such projection or forecast.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Petro Stopping Centers L P)
Survival of Covenants, Etc. All covenants, agreements, agreements representations and warranties made herein, in the Notesany Notes as may be issued hereunder, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Lenders, the Issuing Banks and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance by the Issuing Banks of any Letter the Letters of Credit, Credit as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Agreement, any Notes as may be issued hereunder or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinoutstanding. All statements contained in any certificate or other paper delivered to any Lender Lender, any Issuing Bank or the any Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or hereunder. Without prejudice to the Trust survival of any other agreement of the Borrower hereunder, the agreements and obligations of the Borrower contained in Section 4.04, Section 4.05, Section 4.06, Section 4.08, Section 11.03 and Section 11.04 shall survive the payment in full of principal, interest and all other amounts hereunder and under any Notes as may be issued hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Guarantor, the Borrower or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Lenders, the L/C Issuer and the AgentBank Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank L/C Issuer has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Lender, the L/C Issuer or the either Bank Agent at any time by or on behalf of the Guarantor, the Borrower or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Guarantor, the Borrower or such Subsidiary or the Trust hereunder. 19.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or Borrower, any of its Subsidiaries Subsidiaries, the Property Owner or the Trust any Guarantor pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or Borrower, any of its Subsidiaries Subsidiaries, the Property Owner or the Trust any Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Wellsford Real Properties Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Lenders, the Issuing Bank and the AgentCo-Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Issuing Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Lender, the Issuing Bank or the Agent Co-Agents at any time by or on behalf of any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower such Borrowers or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Century Aluminum Co)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Lenders, the Issuing Bank and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Issuing Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Lender, the Issuing Bank or the Agent at any time by or on behalf of any of the Borrower Borrowers or any of its Subsidiaries or the Trust Guarantors pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower such Borrowers or such Subsidiary or the Trust Guarantor hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or Borrower, any of its Subsidiaries or the Trust Holding Company pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower or Borrower, any of its Subsidiaries or the Trust Holding Company pursuant hereto or to the other Loan Documents or in connection with the transactions contemplated hereby or thereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (CRC Evans International Inc)
Survival of Covenants, Etc. All covenants, agreements, agreements representations and warranties made herein, in the Notesany Notes as may be issued hereunder, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Lenders, the Issuing Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance by the Issuing Banks of any Letter the Letters of Credit, Credit as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Agreement, any Notes as may be issued hereunder or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinoutstanding. All statements contained in any certificate or other paper delivered to any Lender Lender, any Issuing Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or hereunder. Without prejudice to the Trust survival of any other agreement of the Borrower hereunder, the agreements and obligations of the Borrower contained in Section 4.04, Section 4.05, Section 4.07, Section 4.08, Section 11.03 and Section 11.04 shall survive the payment in full of principal, interest and all other amounts hereunder and under any Notes as may be issued hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Nextera Energy Partners, Lp)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or Borrower, any of its Subsidiaries Subsidiaries, any Member or the Trust any Guarantor pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or Borrower, any of its Subsidiaries Subsidiaries, any Member or the Trust any Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Member or the Guarantor hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Wellsford Real Properties Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Lenders, the Issuing Bank and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Issuing Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Lender, the Issuing Bank or the Administrative Agent at any time by or on behalf of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Borrowers or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Seneca Foods Corp /Ny/)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the REIT, the Borrower or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the REIT and the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the REIT, the Borrower or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the REIT, the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Berkshire Realty Co Inc /De)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks, the Collateral Agent and each of the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans or Purchases and Consignments and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations Purchases and Consignments or the Fronting Bank Dollar Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Bank, the Collateral Agent or either of the Agent Agents at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letters of Credit (other than Letters of Credit the expirations of which extend beyond the Letter of Credit Expiration Date as permitted under §2.10 and in respect to which the Borrower has satisfied the requirements of such section or §2.12, as applicable) remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 127
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (QualityTech, LP)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents Documents, in any Loan Request or request for the issuance, extension or renewal of a Letter of Credit, or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or in connection with the Trust pursuant hereto transactions contemplated hereby and the Loan Documents shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans, the Swing Line Bank has any obligation to make any Swing Line Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper 112 -105- delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or hereunder on and as of the Trust hereunderdate so delivered.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Mercury Air Group Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the NotesNote, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto (as set forth on Schedule 15, annexed hereto), shall be deemed to have been relied upon by the Lenders Lender and the Collateral Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Lender of any of the Loans and the issuance, extension or renewal of any Letter of CreditCredit Loans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes Note or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Creditoutstanding. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations agreements of the Lenders Lender hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any the Lender or the Collateral Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of CML, any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by 83 any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Issuing Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent at any time by or on behalf of CML, any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the CML, such Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the any Borrower or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and Lenders, the AgentAgents, the Issuing Bank, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Issuing Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Lender, any Agent or the Agent Issuing Bank at any time by or on behalf of any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the such Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Borders Group Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust BPI pursuant hereto shall be deemed to have been relied upon -102- by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations the Agent or the any Fronting Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust BPI pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust BPI hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower and Guarantor provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower Borrower, Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 52
Appears in 1 contract
Samples: Bridge Loan Agreement (Ramco Gershenson Properties Trust)
Survival of Covenants, Etc. All Unless otherwise stated herein, all covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust Borrowers and Sanifill pursuant hereto shall be deemed to have been relied upon by the Lenders Banks, the Issuing Banks and the AgentBank Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any Banks of the Loans Loans, the accepting and purchasing of Bankers' Acceptances and the issuance, extension or renewal of any Letter Letters of CreditCredit by any Issuing Bank, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes Agreement, any Obligation, any Letter of Credit, any Bankers' Acceptance or any of the other Loan Documents Note remains outstanding and unpaid or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting any Issuing Bank has any obligation to issue, extend extend, or renew any Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Credit hereunder and thereunder or any Canadian Bank has any obligation to the extent provided herein and thereinaccept or purchase any Bankers' Acceptances. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust Borrowers pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Borrowers hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Usa Waste Services Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust BPI pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make 100 any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditAgent. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust BPI pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust BPI hereunder.
Appears in 1 contract
Samples: Credit Agreement (Boston Properties LTD Partnership)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the NotesNote, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the AgentBank, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Bank of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes Note or any of the other Loan Documents remains outstanding or any Lender the Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Agent Bank at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary hereunder. Upon receipt of an affidavit of an officer of Bank as to the loss, theft, destruction or mutilation of the Trust hereunderNote or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of the Note or other security document, Borrower will issue, in lieu thereof, a replacement note or other security document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Borrower Borrowers, any Guarantor or any of its the Restricted Subsidiaries or the Trust of a Borrower pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower Borrowers provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of any of the Borrower Borrowers or any Guarantor or any of its the Restricted Subsidiaries or the Trust of a Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Borrowers, the Guarantors or such Restricted Subsidiary or the Trust hereunder.. 115
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 162
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 189
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of Credit, as herein 95 contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (First Potomac Realty Trust)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the AgentBank, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Bank of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender the Bank has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents under Section 14 of this Credit Agreement shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Agent Bank at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers certificates delivered by or on behalf of the Borrower Loan Parties or any of its their Subsidiaries or the Trust pursuant hereto (as may be supplemented or amended) shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Administrative Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper certificates delivered to any Lender or the Administrative Agent at any time by or on behalf of the Borrower Loan Parties or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Loan Parties or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, -------------------------- representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust any Guarantor pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations the Agent or the any Fronting Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.All
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the any Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of CreditCredit and the acceptance and/or purchase of any Bankers' Acceptances, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or accept any Bankers' Acceptance or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All factual statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the any Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the such Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Flextronics International LTD)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letters of Credit (other than Letters of Credit the expirations of which extend beyond the Letter of Credit Expiration Date as permitted under §2.10 and in respect to which the Borrower has satisfied the requirements of such section or §2.12, as applicable) remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 159
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letters of Credit (other than Letters of Credit the expirations of which extend beyond the Letter of Credit Expiration Date as permitted under §2.10 and in respect to which the Borrower has satisfied the requirements of such section or §2.12, as applicable) remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 122
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Tranche A Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Tranche A Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank Administrative Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, Credit as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes Revolving Credits or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust other Loan Party pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance by LC Issuers of any Letter of Credit, as herein contemplated, and shall continue in full force and effect so long 120 as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letter of Credit is Outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank any LC Issuer has any obligation to issue, extend or renew Letters issue a Letter of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Lender, any LC Issuer or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust Loan Parties pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties as to the matters contained in such certificate or other paper by any of the Borrower or such Subsidiary or the Trust Loan Parties hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Creditoutstanding. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Lenders, the Administrative Agent and the AgentSyndication Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplatedcontemplated (regardless of any investigation made by the Administrative Agent or any Lender), and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Loans, the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent or the Syndication Agents at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust any Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust such Guarantor hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrowers or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower Borrowers and each Subsidiary Guarantor provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereintherein for a period of one year. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrowers or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower and the Guarantor provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower Borrower, the Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 61
Appears in 1 contract
Samples: Term Loan Agreement (Ramco Gershenson Properties Trust)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Parent Companies, the Borrower or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of any of the Parent Companies, the Borrower or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Parent Company, the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of CML, any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Issuing Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent at any time by or on behalf of CML, any of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the CML, such Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations the Agent or the any Fronting Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower Borrowers provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the any Borrower or any of its Subsidiaries or the Trust any Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the such Borrower or such Subsidiary or the Trust such Guarantor hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Cali Realty Corp /New/)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents and the Borrower’s obligations under §§ 4.9, 4.10 and 4.11 shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of Borrower, the Borrower Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 1 contract
Samples: Credit Agreement (CyrusOne Inc.)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Parent, any of the Borrowers or any of its Subsidiaries or the Trust Guarantors pursuant hereto to this Agreement shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any Banks of the Loans and the issuance, extension or renewal of any Letter Letters of CreditCredit or the Tender Guaranty, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit Credit, the Tender Guaranty, or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations Loans, London Branch has any obligation to issue the Tender Guaranty, or the Fronting Bank Agent has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Agreement. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower Parent, any of the Borrowers or any of its Subsidiaries or the Trust Guarantors pursuant hereto to this Agreement or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Trico Marine Services Inc)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal issuance of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder.. 137
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, the 1992 Agreement (as amended), the 1988 Agreement, in the NotesNote, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of each of the Borrower Parties, or any of its their respective Subsidiaries (other than such covenants, agreements, representations and warranties which have been replaced in their entirety pursuant to the within Agreement, and/or any other documents, instruments or the Trust agreement to be executed and/or delivered in connection herewith) pursuant hereto shall be deemed to have been relied upon by the Lenders and the AgentBank, notwithstanding any investigation heretofore or hereafter made by any of themit, and shall survive the making by the Lenders of any Bank of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes Note or any of the other Loan Documents remains outstanding or any Lender the Bank has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of each of the Borrower Parties provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Bank hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent Bank at any time by or on behalf of each of the Borrower Parties or any of its Subsidiaries or the Trust MAXXAM pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by each of the Borrower or such Subsidiary or the Trust hereunderParties.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the AgentCo-Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Revolving Credit Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender has any obligation to make any Revolving Credit Loans or purchase Letter of Credit Participations or the Fronting Issuing Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein , and for such further time as may be otherwise expressly specified in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender or the Administrative Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Blue Steel Capital Corp)
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the NotesNote, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto shall be deemed to have been relied upon by the Lenders and the AgentLender, notwithstanding any investigation heretofore or hereafter made by any of themit, and shall survive the making by the Lenders Lender of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes Note or any of the other Loan Documents remains outstanding Outstanding or any the Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of CreditLoans. The indemnification obligations of the Borrower Borrowers provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Lender hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any the Lender or the Agent at any time by or on behalf at the direction of the Borrower Borrowers or any of its their Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower Borrowers or such Subsidiary or the Trust hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or any of its Subsidiaries or the Trust BPI pursuant hereto shall be deemed to have been relied upon by the Lenders Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders Banks of any of the Loans and the issuance, extension or renewal of any Letter Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Lender Bank has any obligation to make any Loans or purchase Letter of Credit Participations the Agent or the any Fronting Bank has any obligation to issue, extend or renew Letters any Letter of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender Bank or the Agent at any time by or on behalf of the Borrower or any of its Subsidiaries or the Trust BPI pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust BPI hereunder.
Appears in 1 contract
Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf 146 102175686\V-9 102175686\V-9 of the Borrower or the Guarantors or any of its their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans and the issuance, extension or renewal of any Letter of CreditLoans, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or purchase Letter of Credit Participations or the Fronting Bank has issue any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Lender or the Agent at any time by or on behalf of the Borrower Borrower, any Guarantor or any of its their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Subsidiary or the Trust Person hereunder. ASSIGNMENT AND PARTICIPATION .
Appears in 1 contract
