Common use of Survival of Representations and Agreements Clause in Contracts

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including, but not limited to, the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Appears in 1 contract

Samples: Wci Communities Inc

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Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, Purchasers and the Company and the Guarantors contained in this Agreement, including, but not limited to, including the agreements contained in Sections 4(f) and 11(d10(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Initial Purchasers, Purchaser or any controlling person thereof, thereof or by or on behalf of the Company, the Guarantors any Guarantor, any of their officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d10(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 1110 hereof.

Appears in 1 contract

Samples: Nationsrent Inc

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including, but not limited to, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company, Company and the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Appears in 1 contract

Samples: Holmes Products Corp

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including, but not limited to, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company, Company or the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Appears in 1 contract

Samples: Purchase Agreement (Interep National Radio Sales Inc)

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including, but not limited to, including the agreements contained in Sections 4(f) and 11(d)Section 5, the indemnity agreements contained in Section 6 7 and the contribution agreements contained in Section 78, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Initial PurchasersPurchasers or any agent, any representative or controlling person thereof, thereof or by or on behalf of the Company, any Guarantor, any of the Guarantors officers and directors or any controlling person thereof, of the Company or any Guarantor and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 1 and the agreements contained in Sections 4(f)5, 67, 7 8 and 11(d11(c) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 119 or 11 hereof.

Appears in 1 contract

Samples: Purchase Agreement (Sun Healthcare Group Inc)

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial PurchasersPurchaser, the Company and the Guarantors contained in this Agreement, including, but not limited to, the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial PurchasersPurchaser, any controlling person thereof, or by or on behalf of the Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series A Notes to and by the Initial PurchasersPurchaser. The agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Appears in 1 contract

Samples: 1 (Wci Capital Corp)

Survival of Representations and Agreements. All representations ------------------------------------------ and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including, but not limited to, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the an Initial PurchasersPurchaser, any controlling person thereof, or by or on behalf of the Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Appears in 1 contract

Samples: Appleton Papers Inc/Wi

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Allied Guarantors contained in this Agreement, including, but not limited to, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company, Company and the Allied Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series A Notes Securities to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Appears in 1 contract

Samples: Registration Rights Agreement (Allied Holdings Inc)

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Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Dyersburg Guarantors contained in this Agreement, including, but not limited to, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company, Company and the Dyersburg Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Appears in 1 contract

Samples: Dyersburg Corp

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including, but not limited to, including the agreements contained in Sections 4(f) and 11(d12(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company, Company and the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series A C Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d12(d) shall survive the termination of this Agreement, including any termination pursuant to Section 1112.

Appears in 1 contract

Samples: Merger Agreement (Holmes Products Corp)

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including, but not limited to, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Appears in 1 contract

Samples: Homco Puerto Rico Inc

Survival of Representations and Agreements. All ------------------------------------------ representations and warranties, covenants and agreements of the Initial Purchasers, the Company and the Guarantors contained in this Agreement, including, but not limited to, including the agreements contained in Sections 4(f4(g) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers, any controlling person thereof, or by or on behalf of the Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f4(g), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Appears in 1 contract

Samples: Purchase Agreement (American Eco Corp)

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