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 6 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor pursuant to or in connection with this Agreement or any of the other Loan Documents (including any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article 5 and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 7 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrowers pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.. 100 109

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 5 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 5 and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article V and all statements representations and warranties contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor pursuant to certificate or in connection with this Agreement or any of the other Loan Documents (including without limitation, any such representation, representation or warranty or statement 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 (a) shall be made or deemed to be made at and as of the Agreement Closing Date, at and as of the Effective Date, and at each borrowing date and as of the date of the issuance, renewal or extension of each LoanLetter of Credit with the same effect as if made on and as of the Closing Date, except to the extent that such representations and warranties whichrelate solely to an earlier date, by their terms are applicable only to one in which case such date representations and warranties shall be deemed to be made only at have been true and correct on and as of such earlier date. All representations , and warranties made or deemed to be made under this Agreement (b) 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 Agent or any Lender, Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 7 and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article 7 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article 7 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such a particular date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE Article 6 and all statements contained in any certificate, financial statement, opinion or other instrument, instrument delivered by or on behalf of the Borrower or any Obligor of its Subsidiaries pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of making each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Administrative Agent or any Lender, or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All ----------------------------------------------- representations and warranties set forth in this ARTICLE 6 Article 5 and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 V and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor a Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each LoanAdvance, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article VII and all statements representations and warranties contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, representation or warranty or statement 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 Agreement Datedate of such Certificate or Loan Document, at and as the case may be (except those that are expressly made as of the Effective Date, and at and as of the a specific date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date which shall be deemed to be made only as of such other date), and all representations and warranties made at and as of such date. All representations and warranties made or deemed to be made under this Agreement the Closing Date shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, and all representations and warranties made at and as of the Closing Date or any other date shall not be waived by any investigation made by or on behalf of the Agent or any Lender, Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article 8 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor Loan Party pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Credit Parties or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 7 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 7 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrowers pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All Unless limited to a specific date, all representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Agreement Date, at and as of the Effective Date, Date and at and in accordance with SECTION 6.2(a), as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE Article 6 and all statements representations or warranties contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor pursuant to or in connection with this Agreement or any of the other Loan Documents (including any such representation, representation or warranty or statement 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 Agreement Date, at and as of the Effective Date, and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE Article 6 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrowers pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, Date at and as of the Effective Date, and at and as of the date of each Loanprovided in Section 5.2, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Administrative Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE Article 6 and all statements contained in any certificate, financial statement, or other instrument, instrument delivered by or on behalf of any Obligor Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article 5 and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, Date and at and as of the Effective Date, and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrowers pursuant to or in connection with this Agreement or any of the other Loan Documents (including any such representation, warranty or statement made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All Except for representations and warranties which, by their terms, are applicable only to a specific date, all representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Agreement Date, at and as of the Effective DateDate and, and to the extent provided in SECTION 5.2, at and as of the date each Loan is made and each Letter of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such dateCredit is issued. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Administrative Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 5 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including but not limited to any such representation, warranty or statement 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 (unless otherwise provided) be made or deemed to be made at and as of the Agreement Date, Date and at and as of the Effective Date, Date and at and to the extent provided in SECTION 4.2(B) as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be Borrowing made only at and as of such dateafter the Effective Date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, or any borrowing Borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE Article 6 and all statements contained in any certificate, financial statement, opinion or other instrument, instrument delivered by or on behalf of each Borrower or any Obligor of its Subsidiaries pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of making each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Administrative Agent or any Lender, or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 5 and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor the Borrowers pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article 5 and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor the Borrowers pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrowers pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, Date and at and as of the Effective Date, and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 5 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 and all statements contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor the Borrowers pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, Date and at and as of the Effective Date, and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Administrative Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE Article 6 and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor the Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each LoanAdvance, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article VII and all statements representations and warranties contained in any certificate, financial statement, or other instrument, delivered by or on behalf of any Obligor pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, representation or warranty or statement made in or in connection with any amendment theretothereto or any certificate delivered by the Borrower or any Restricted Subsidiary pursuant to any Loan Document) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement such Loan Document or certificate shall be made or deemed to be made at and as of the Agreement Datedate of such Loan Document or certificate, at and as the case may be (except those that are expressly made as of the Effective Date, and at and as of the a specific date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date which shall be deemed to be made only as of such other date), and all representations and warranties made at and as of such date. All representations and warranties made or deemed to be made under this Agreement the Closing Date shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, and all representations and warranties made at and as of the Closing Date or any other date shall not be waived by any investigation made by or on behalf of the Agent or any Lender, Lenders or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 and all statements contained in any certificate, financial statement, or other instrument, instrument delivered by or on behalf of any Obligor Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article 5 and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor Borrower pursuant to or in connection with this Agreement or any of the other Loan Documents (including including, but not limited to, any such representation, warranty or statement 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 Agreement Date, at and as of the Effective Date, Date and at and as of the date of each Loan, except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Agreement shall survive and not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Agent or any Lender, Lender or any borrowing hereunder.. -38- 39

Survival of Representations and Warranties, Etc. All representations and warranties set forth in this ARTICLE 6 Article IV and all statements contained in any certificate, financial statement, statement or other instrument, instrument delivered by or on behalf of any Obligor such Loan Party pursuant to or in connection with this Credit Agreement or any of the other Loan Documents (including any such representation, warranty or statement made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Credit Agreement. All representations and warranties made under this Credit Agreement shall be made or deemed to be made at and as of the Agreement Date, at and as of the Effective Date, Closing Date and at and as of the date of each LoanLoan (excluding, for certainty, rollovers and conversions), except that representations and warranties which, by their terms are applicable only to one such date shall be deemed to be made only at and as of such date. All representations and warranties made or deemed to be made under this Credit Agreement shall survive and not be waived by the execution and delivery of this Credit Agreement, any investigation made by or on behalf of the Administrative Agent or any Lender, or any borrowing hereunder.. lix