Common use of Survival of Warranties; Cumulative Clause in Contracts

Survival of Warranties; Cumulative. All representations and warranties contained in this Agreement or any of the other Loan Documents shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to the Administrative Agent and the Lenders on the date of the making of a Loan or the issuance of a Letter of Credit (and on the effective date of any Facility Increase) and shall be conclusively presumed to have been relied on by the Administrative Agent and the Lenders regardless of any investigation made or information possessed by the Administrative Agent or any Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Loan Party shall now or hereafter give, or cause to be given, to the Administrative Agent or any Lender under any other Loan Documents.

Appears in 6 contracts

Samples: Loan and Security Agreement (ADS Tactical, Inc.), Loan and Security Agreement (Mohawk Industries Inc), Loan and Security Agreement (ADS Tactical, Inc.)

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Survival of Warranties; Cumulative. All representations and warranties contained in this Agreement or any of the other Loan Documents Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to the Administrative Agent and the Lenders on the date of each additional borrowing or other credit accommodation hereunder (except to the making of a Loan or the issuance of a Letter of Credit (extent that such representations and on the effective date of any Facility Increasewarranties expressly relate to an earlier date) and shall be conclusively presumed to have been relied on by the Administrative Agent and the Lenders regardless of any investigation made or information possessed by the Administrative Agent or any Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Loan Party Borrower or Guarantor shall now or hereafter give, or cause to be given, to the Administrative Agent or any Lender under any other Loan DocumentsLender.

Appears in 4 contracts

Samples: Loan and Security Agreement (SpartanNash Co), Loan and Security Agreement (Spartan Stores Inc), Loan and Security Agreement (Nash Finch Co)

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Survival of Warranties; Cumulative. All representations and warranties contained in this Agreement or any of the other Loan Documents Financing Agreements shall survive the execution and delivery of this Agreement and shall be deemed to have been made again to the Administrative Agent and the Lenders on the date of each additional borrowing or other credit accommodation hereunder (except to the making of a Loan or the issuance of a Letter of Credit (extent that such representations and on the effective date of any Facility Increasewarranties expressly relate to an 124 earlier date) and shall be conclusively presumed to have been relied on by the Administrative Agent and the Lenders regardless of any investigation made or information possessed by the Administrative Agent or any Lender. The representations and warranties set forth herein shall be cumulative and in addition to any other representations or warranties which any Loan Party Borrower or Guarantor shall now or hereafter give, or cause to be given, to the Administrative Agent or any Lender under any other Loan DocumentsLender.

Appears in 1 contract

Samples: Loan and Security Agreement (SpartanNash Co)

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