Common use of Survival of Agreement; Severability Clause in Contracts

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans Revolving Credit Advances and the issuance of the Letters of Credit by the Issuing Bank, Banks regardless of any investigation made by the Secured Guaranteed Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Revolving Credit Advance or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or unpaid, the L/C LC Exposure does not equal zero and as long as or has not been Cash Collateralized or the Commitments and the L/C Commitments LC Commitment have not been terminated.

Survival of Agreement; Severability. (a) All covenants, ------------------------------------ agreements, representations and warranties made by each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C LC Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each the Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor Borrower and the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, L/C Issuer regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Bank regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments Commitment have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, agreements representations and warranties made by each Pledgor the Guarantors herein and in the certificates or other CHAR1\936505v2 Exhibit D instruments prepared or delivered in connection with or pursuant to this Agreement or any the other Loan Document Documents shall be considered to have been relied upon by the Collateral Administrative Agent and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Bank regardless of any investigation made by the Secured Parties any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C LC Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing BankFronting Banks, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Bank regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid and as long as the Commitments have not been terminated or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminatedzero.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Banks regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C LC Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Banks regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Existing Agreement Loan under the Existing Credit Agreement, any New Agreement Loan under the New Credit Agreement or any other fee or amount payable by the Borrower under this Agreement or any other Loan Document is outstanding and unpaid or the L/C LC Exposure under either Credit Agreement does not equal zero and as long as the Commitments and under the L/C Commitments Credit Agreements have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the U.S. Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing BankBanks, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the Aggregate L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments commitments of the Issuing Banks to issue Letters of Credit have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Borrower and the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, L/C Issuer regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent Administrative Agent, the Lenders, the Issuing Banks and the other Secured Parties and each Guarantor, shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, regardless of any investigation made by the Secured Parties such Lenders or Issuing Banks or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any Fee or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid unpaid, any Letter of Credit is outstanding or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Banks regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Borrower and the Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Bank regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or unpaid, the L/C Exposure does not equal zero and as long as or the Commitments and the L/C Commitments Commitment have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other -11- 209 Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does Letter of Credit Outstandings do not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor herein herein, in the other Loan Documents and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing BankBanks, regardless of any investigation made by the any Secured Parties Party or on their its behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document with respect to the Loans is outstanding and unpaid or the L/C LC Exposure does not equal zero and as long as the Commitments and the L/C LC Commitments have not expired or been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans Revolving Credit Advances and the issuance of the Letters of Credit by the Issuing Bank, Banks regardless of any investigation made by the Secured Guaranteed Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Revolving Credit Advance or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or unpaid, the L/C LC Exposure does not equal zero and as long as or the Commitments and the L/C Commitments LC Commitment have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Credit Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties Obligees and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Bank regardless of any investigation made by the Secured Parties Obligees or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Credit Document is outstanding and unpaid or unpaid, the L/C Exposure does not equal zero and as long as or the Commitments and the L/C Commitments Commitment have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the U.S. Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Banks regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the Aggregate L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments commitment of the Issuing Banks to issue Letters of Credit have not been terminated.

Survival of Agreement; Severability. (a) All covenants, ------------------------------------ agreements, representations and warranties made by each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Administrative Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, regardless of any investigation made by any of the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero any Letter of Credit is outstanding and as so long as the Commitments and the L/C Commitments have not been expired or terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made in writing by each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing BankBanks, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit and Acceptances by the Issuing Bank, regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C LC and Acceptance Exposure does not equal zero and as long as the Commitments and the L/C Revolving Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, ----------------------------------- agreements, representations and warranties made by each Pledgor the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Bank regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments Commitment have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made in writing by each Pledgor the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Banks regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments Commitment have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Borrower and the Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Revolving Loans and the issuance of the Letters of Credit by the Issuing Bank, Bank regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or unpaid, the L/C Exposure does not equal zero and as long as or the Commitments and the L/C Commitments Commitment have not been terminated.

Survival of Agreement; Severability. (a) All covenants, ----------------------------------- agreements, representations and warranties made by each Pledgor the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative Agent, the Collateral Agent Agent, the Issuing Banks and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Banks regardless of any investigation made by the Secured Parties any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments have not been terminated.

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by each Pledgor the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Senior Loan Document shall be considered to have been relied upon by the Senior Collateral Agent and the other Senior Secured Parties and shall survive the making by the Lenders Senior Banks of the Loans and the issuance of the Letters of Credit by the Issuing Bank, Banks regardless of any investigation made by the Senior Secured Parties or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Senior Loan Document is outstanding and unpaid or the L/C Exposure does not equal zero and as long as the Commitments and the L/C Commitments Commitment have not been terminated.