Common use of Survival; Updates of Representations and Warranties Clause in Contracts

Survival; Updates of Representations and Warranties. All representations and warranties contained in or made under or in connection with this Agreement and the other Financing Documents shall survive the Closing Date, the making of any advance under the Loans and extension of credit made hereunder, and the incurring of any other Obligations and shall be deemed to have been made at the time of the making of each advance under the Loans or the issuance of each Letter of Credit and/or each Bond Letter of Credit, except that (i) representations and warranties which relate to a specific date need only be true and correct as of such date, and (ii) the representations and warranties which relate to financial statements which are referred to in Section 4.1.11, shall also be deemed to cover financial statements furnished from time to time to the Agent and the Lenders pursuant to Section 6.1.1 (

Appears in 2 contracts

Samples: Financing and Security Agreement (BPC Holding Corp), Financing and Security Agreement (BPC Holding Corp)

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Survival; Updates of Representations and Warranties. All representations and warranties contained in or made under or in connection with this Agreement and the other Financing Documents shall survive the Closing Datedate of this Agreement, the making of any advance under the Loans and extension of credit made hereunder, and the incurring of any other Obligations and shall be deemed to have been made at the time of the making of each advance under the Loans or the issuance of each Letter of Credit and/or each Bond Letter of Credit, except that (ia) representations and warranties which relate to a specific date need only be true and correct as of such date, and (iib) the representations and warranties which relate to financial statements which are referred to in Section 4.1.114.1.11 (Financial Condition), shall also be deemed to cover financial statements furnished from time to time to the Agent and the Lenders pursuant to Section 6.1.1 (

Appears in 1 contract

Samples: Financing and Security Agreement (BPC Holding Corp)

Survival; Updates of Representations and Warranties. All representations and warranties contained in or made under or in connection with this Agreement and the other Financing Documents shall survive the Closing Datedate of this Agreement, the making of any advance under the Loans and extension of credit made hereunder, and the incurring of any other Obligations and shall be deemed to have been made at the time of the making of each advance under the Loans or the issuance of each Letter of Credit and/or each Bond Letter of Credit, except that (i) representations and warranties which relate to a specific date need only be true and correct as of such date, and (ii) the representations and warranties which relate to financial statements which are referred to in Section 4.1.11, shall also be deemed to cover financial statements furnished from time to time to the Agent and the Lenders pursuant to Section 6.1.1 (

Appears in 1 contract

Samples: Financing and Security Agreement (BPC Holding Corp)

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Survival; Updates of Representations and Warranties. All representations and warranties contained in or made under or in connection with this Agreement and the other Financing Documents shall survive the Closing Date, the making of any advance under the Loans Loan and extension of credit made hereunder, and the incurring of any other Obligations and shall be deemed to have been made at the time of each request for, and again at the time of the making of of, each advance under the Loans Loan or the issuance of each Letter of Credit and/or each Bond Letter of Credit,, except that (i) representations and warranties which relate to a specific date need only be true and correct as of such date, and (ii) the representations and warranties which relate to the financial statements which are referred to in Section 4.1.114.1.11 (Financial Condition), shall also be deemed to cover financial statements furnished from time to time to the Agent and the Lenders Lender pursuant to Section 6.1.1 (Financial Statements), provided, however, that to the extent that any such representation or warranty relates to a specific date, such representation or warranty shall be true and correct as of such date.

Appears in 1 contract

Samples: Financing and Security Agreement (Healthextras Inc)

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