Common use of Survival of Representations and Warranties, Etc Clause in Contracts

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificatecertificate delivered in connection with this Agreement, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date)Date, shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificatecertificate related hereto, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are unless expressly made as of a specific relating to any earlier date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date and shall survive the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date ) and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or the Administrative Agent or any borrowing Extension of Credit hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement and the other Loan Documents shall be made or deemed to be made at and as of the Closing Agreement Date (except those that are expressly made and at and as of a specific date)the date of each Advance and the date of issuance of each Letter of Credit, and each shall survive be true and correct in all material respects when made, except to the Closing Date extent (a) previously fulfilled in accordance with the terms hereof or (b) previously waived in writing by the Determining Lenders with respect to any particular factual circumstance or permitted by the terms of this Agreement. All such representations and warranties shall survive, and not be waived by by, the execution and delivery of this Agreementhereof by any Lender, any investigation made or inquiry by any Lender, or on behalf by the making of any Advance or the Lenders or issuance of any borrowing hereunderLetter of Credit under this Agreement.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing Extension of Credit hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Restatement Date (except those that are expressly made as of a specific date), shall survive the Closing Restatement Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI 8 and all representations and warranties contained in any certificate, or in any of the other Loan Documents (including, but not limited to, including any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date and the date of each Extension of Credit hereunder (except those that are expressly made as of a another specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificatecertificate provided by or on behalf of any Credit Party, or any of the Loan Documents (including, but not limited to, including in any such representation or warranty amendments made in or in connection with writing to any amendment theretoLoan Documents) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.. -

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date (or such other date required hereunder) and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties of the Borrowers or any of their respective Subsidiaries contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date)Date, shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI IV and all representations and warranties contained in any certificate, certificate or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties statements contained in any certificate, financial statement or other instrument delivered by or on behalf of the Borrower pursuant to or in connection with this Agreement or any of the Loan Documents (including, but not limited to, including any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made date hereof and as of a specific date)the date of the making of each Advance of the Loan. All representations and warranties made under this Agreement shall survive, shall survive the Closing Date and shall not be waived by by, the execution and delivery of this AgreementAgreement or any other Loan Document, any investigation made or inquiry by the Lender, or on behalf of by making the Lenders or any borrowing hereunderLoan under this Agreement.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder. Such representations and warranties shall terminate when all the Obligations have been paid and satisfied in full and the Revolving Credit Commitment terminated.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this AgreementAgreement and any other Loan Document shall be deemed to be made, and shall be true and correct in all material respects (provided that if any representation or warranty already includes a materiality or material adverse change qualifier, such representation or warranty shall be true and correct in all respects) at and as of the Closing Date and on each Drawdown Date, except to the extent relating specifically to the Closing Date or any other particular date expressly set forth above. All representations and warranties made under this Agreement and the other Loan Documents shall be made or deemed to be made at survive, and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by, the execution hereof by the execution and delivery of this AgreementLender, any investigation made or inquiry by the Lender or on behalf the making of the Lenders or any borrowing hereunderLoan under this Agreement.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificatecertificate related hereto, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are unless expressly made as of a specific relating to any earlier date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing Extensions of Credit hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificatecertificate delivered pursuant to this Agreement, or in any of the Loan Documents (including, but not limited to, including any such representation or warranty made in in, or in connection with with, any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement Agreement: (i) shall be made or deemed to be made at and as of the Closing Date date hereof, (except those that are expressly made as of a specific date), shall ii) survive the Closing Date closing of the Loan and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders Lender or any borrowing the making of the Loan hereunder, and (iii) shall be made or deemed to be made at and as of the date of each request to the Lender for a Future Tranche.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificatecertificate delivered pursuant to this Agreement, or in any of the Loan Documents (including, but not limited to, including any such representation or warranty made in in, or in connection with with, any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement Agreement: (i) shall be made or deemed to be made at and as of the Closing Date date hereof, and (except those that are expressly made as of a specific date), shall ii) survive the Closing Date closing of the Loan and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders Lender or any borrowing the making of the Loan hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificatecertificate delivered to the Administrative Agent or any Lender hereunder, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date)Date, shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Original Closing Date (except those that are expressly made as of a specific date), shall survive the Original Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date and shall survive the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date ) and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.. CHL:40759.7

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, VII or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date, in which case they shall be made solely as of such specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties statements contained in any certificate, financial statement or other instrument delivered by or on behalf of the Borrower or the Guarantors pursuant to or in connection with this Agreement or any of the Loan Documents (including, but not limited to, including any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made date hereof and as of a specific date)the date of the making of each Advance of the Loan. All representations and warranties made under this Agreement shall survive, shall survive the Closing Date and shall not be waived by by, the execution and delivery of this AgreementAgreement or any other Loan Document, any investigation made or inquiry by or on behalf of the Lenders or any borrowing hereunderthe Agent, or by making the Loan under this Agreement.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VIII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at on and as of the Closing Date (except those that are expressly made as of a specific date)Date, shall survive the Closing Date Date, shall be reasserted as provided in Section 7.3, and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder. Such representations and warranties shall terminate when all the Obligations have been paid and satisfied in full and all Commitments hereunder have terminated.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI V and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or the provision of any borrowing Construction Loan Facility hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as and the date of a specific date)any borrowing or issuance hereunder, shall survive the Closing Date and the date of any such borrowing or issuance and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders Agreement or any borrowing or issuance hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI 6 and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties statements contained in any certificate, financial statement or other instrument delivered by or on behalf of the Borrower pursuant to or in connection with this Agreement or any of the Loan Documents (including, but not limited to, including any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made date hereof and as of a specific date)the date of the making of the Loan. All representations and warranties made under this Agreement shall survive, shall survive the Closing Date and shall not be waived by by, the execution and delivery of this AgreementAgreement or any other Loan Document, any investigation made or inquiry by the Lender, or on behalf of by making the Lenders or any borrowing hereunderLoan under this Agreement.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.. ARTICLE VIII

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI VII and all representations and warranties contained in any certificatecertificate provided by or on behalf of any Credit Party, or any of the Loan Documents (including, but not limited to, including in any such representation or warranty amendments made in or in connection with writing to any amendment theretoLoan Documents) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI Section 4 and all representations and warranties contained in any certificate, certificate or any of the other Loan Documents (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly and each day on which any Loan is requested or made as of a specific date)by the Lender hereunder, shall survive the Closing Date Date, and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders Lender or any borrowing extension of credit hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents LOAN DOCUMENTS (including, including but not limited to, to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this AgreementAGREEMENT. All representations and warranties made under this Agreement AGREEMENT shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date)CLOSING DATE, shall survive the Closing Date CLOSING DATE and shall not be waived by the execution and delivery of this AgreementAGREEMENT, any investigation made by or on behalf of the Lenders LENDERS or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), and shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or the Administrative Agent or any borrowing Extension of Credit hereunder.