Common use of Termination Prior to Maturity Date; Survival Clause in Contracts

Termination Prior to Maturity Date; Survival. All covenants, representations and warranties made in this Agreement continue in full force until the Termination Date shall occur. So long as Bxxxxxxx has satisfied the Obligations (other than contingent indemnification and expense reimbursement claims not then due and payable, and any other obligations which, by their terms, are to survive the termination of this Agreement), this Agreement may be terminated prior to the Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Agent and the Lenders. Those obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination. No termination of this Agreement shall in any way affect or impair any right or remedy of Agent or any Lender, nor shall any such termination relieve Borrower of any Obligation to any Lender, until all of the Obligations have been paid and performed in full. Those Obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination and payment in full of the Obligations then outstanding.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Terawulf Inc.)

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Termination Prior to Maturity Date; Survival. All covenants, representations and warranties made in this Agreement shall continue in full force until the Termination Date shall occurthis Agreement has terminated pursuant to its terms and all Obligations have been satisfied. So long as Bxxxxxxx has Co-Borrowers have satisfied the Obligations (other than contingent indemnification and expense reimbursement claims not then due and payableinchoate indemnity obligations, and any other obligations which, by their terms, are to survive the termination of this Agreement, and any Obligations under Bank Services Agreements that are cash collateralized in accordance with Section 4.1 of this Agreement), this Agreement may be terminated prior to the Revolving Line Maturity Date by BorrowerCo-Borrowers, effective three (3) Business Days after written notice of termination is given to Agent and the LendersBank. Those obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination. No termination of this Agreement shall in any way affect or impair any right or remedy of Agent or any LenderBank, nor shall any such termination relieve Borrower Co-Borrowers of any Obligation to any LenderBank, until all of the Obligations (other than inchoate indemnification obligations or other obligations which, by their terms, survive termination of this Agreement) have been paid and performed in full. Those Obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination and payment in full of the Obligations then outstanding.

Appears in 1 contract

Samples: Loan and Security Agreement (Leaf Group Ltd.)

Termination Prior to Maturity Date; Survival. All covenants, representations and warranties made in this Agreement shall continue in full force until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their express terms, are to EXECUTION VERSION survive the Termination Date shall occurtermination of this Agreement and the repayment of all Obligations) have been satisfied. So long as Bxxxxxxx has Borrowers have satisfied the Obligations (other than contingent indemnification and expense reimbursement claims not then due and payableinchoate indemnity obligations, and any other obligations which, by their express terms, are to survive the termination of this Agreement and the repayment of all Obligations, and any Obligations under Bank Services Agreements that are cash collateralized in accordance with Section 3.3 of this Agreement), this Agreement may be terminated prior to the Revolving Line Maturity Date by BorrowerBorrowers, effective three (3) Business Days after written notice of termination is given to Agent and Bank. All notices of termination shall be irrevocable; provided, however, that any such notice may state that it is conditioned upon the Lendersoccurrence or non- occurrence of any event specified therein, in which case such notice may be revoked by the Lead Borrower (by written notice to Bank on or prior to the specified effective date) if such condition is not satisfied. Those obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination. No termination and the repayment of this Agreement shall in any way affect or impair any right or remedy of Agent or any Lender, nor shall any such termination relieve Borrower of any Obligation to any Lender, until all of the Obligations have been paid and performed in full. Those Obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination and payment in full the repayment of the Obligations then outstandingall Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Outbrain Inc.)

Termination Prior to Maturity Date; Survival. All covenants, representations and warranties made in this Agreement continue in full force until the Termination Date shall occur. So long as Bxxxxxxx Borrower has satisfied the Obligations (other than contingent indemnification and expense reimbursement claims not then due and payable, and any other obligations which, by their terms, are to survive the termination of this Agreement), this Agreement may be terminated prior to the Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Agent and the Lenders. Those obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination. No termination of this Agreement shall in any way affect or impair any right or remedy of Agent or any Lender, nor shall any such termination relieve Borrower of any Obligation to any Lender, until all of the Obligations have been paid and performed in full. Those Obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination and payment in full of the Obligations then outstanding.

Appears in 1 contract

Samples: Loan Agreement (Terawulf Inc.)

Termination Prior to Maturity Date; Survival. All covenants, representations and warranties made in this Agreement shall continue in full force until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations, and any other obligations which, by their terms, are to survive the Termination Date shall occurtermination of this Agreement) have been satisfied. So long as Bxxxxxxx Borrower has satisfied the Obligations (other than contingent indemnification and expense reimbursement claims not then due and payableinchoate indemnity obligations, and any other obligations which, by their terms, are to survive the termination of this Agreement), this Agreement may be terminated prior to the Term Loan Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Agent and the LendersAgent. Those obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination. No termination of this Agreement shall in any way affect or impair any right or remedy of Agent or any LenderAgent, nor shall any such termination relieve Borrower of any Obligation to any LenderAgent, until all of the Obligations (other than inchoate indemnity obligations, and any other obligations which, by their terms, are to survive the termination of this Agreement) have been paid and performed in full. Those Obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination and payment in full of the Obligations then outstanding.

Appears in 1 contract

Samples: Loan and Security Agreement (Rocket Lab USA, Inc.)

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Termination Prior to Maturity Date; Survival. All covenants, representations and warranties made in this Agreement shall continue in full force until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their express terms, are to survive the Termination Date shall occurtermination of this Agreement and the repayment of all Obligations) have been satisfied. So long as Bxxxxxxx has Borrowers have satisfied the Obligations (other than contingent indemnification and expense reimbursement claims not then due and payableinchoate indemnity obligations, and any other obligations which, by their express terms, are to survive the termination of this Agreement and the repayment of all Obligations, and any Obligations under Bank Services Agreements that are cash collateralized in accordance with Section 3.3 of this Agreement), this Agreement may be terminated prior to the Revolving Line Maturity Date by BorrowerBorrowers, effective three (3) Business Days after written notice of termination is given to Agent and Bank. All notices of termination shall be irrevocable; provided, however, that any such notice may state that it is conditioned upon the Lendersoccurrence or non- occurrence of any event specified therein, in which case such notice may be revoked by the Lead Borrower (by written notice to Bank on or prior to the specified effective date) if such condition is not satisfied. Those obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination. No termination and the repayment of this Agreement shall in any way affect or impair any right or remedy of Agent or any Lender, nor shall any such termination relieve Borrower of any Obligation to any Lender, until all of the Obligations have been paid and performed in full. Those Obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination and payment in full the repayment of the Obligations then outstanding.all Obligations. 11.2

Appears in 1 contract

Samples: Loan and Security Agreement (Outbrain Inc.)

Termination Prior to Maturity Date; Survival. All covenants, representations and warranties made in this Agreement shall continue in full force until the Termination Date shall occurthis Agreement has terminated pursuant to its terms and all Obligations have been satisfied. So long as Bxxxxxxx Borrower has satisfied the Obligations (other than contingent indemnification and expense reimbursement claims not then due and payableinchoate indemnity obligations, and any other obligations which, by their terms, are to survive the termination of this Agreement), this Agreement may be terminated prior to the Term Loan Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Agent and the LendersLender. Those obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination. No termination of this Agreement shall in any way affect or impair any right or remedy of Agent or any Lender, nor not shall any such termination relieve Borrower of any Obligation to any Lender, until all of the Obligations have been paid and performed in full. Those Obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall continue to survive notwithstanding this Agreement’s termination and payment in full of the Obligations then outstanding.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Lantronix Inc)

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