Common use of Survival of Agreement; Severability Clause in Contracts

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty or any other Loan Document shall be considered to have been relied upon by the 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 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 Guaranty or any other Loan Document is outstanding and unpaid or the Commitments have not been terminated.

Appears in 4 contracts

Samples: Credit Agreement (Gentiva Health Services Inc), Guaranty (Gentiva Health Services Inc), Guaranty (Gentiva Health Services Inc)

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Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the L/C Issuer Issuing Bank 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 or any other fee or amount payable by a Borrower under this Guaranty the Credit 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 have not been terminated.

Appears in 3 contracts

Samples: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative 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 L/C Issuer 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 Guaranty Agreement or any other Loan Document is outstanding and unpaid unpaid, the L/C Exposure does not equal zero or the Commitments and the L/C Commitment have not been terminated.

Appears in 3 contracts

Samples: Subsidiary Guarantee Agreement (Applied Power Inc), Subsidiary Guarantee Agreement (Actuant Corp), Subsidiary Guarantee Agreement (Playboy Enterprises Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors Company herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty or any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the L/C Issuer 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 to a Designated Borrower or any other fee or amount payable under this Guaranty or any other Loan Document is outstanding and unpaid or the Commitments have not been terminatedterminated or any L/C Obligations have not been Cash Collateralized in accordance with the provisions of the Credit Agreement.

Appears in 2 contracts

Samples: Guaranty (WEX Inc.), Guaranty (Wright Express CORP)

Survival of Agreement; Severability. (a) All covenants, agreements, agreements representations and warranties made by or on behalf of the Guarantors herein herein, in the Credit Agreement, in the other Loan Documents and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement, the Credit Agreement or any the other Loan Document Documents shall be considered to have been relied upon by the Administrative Agent and the other Secured Guarantied Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the L/C Issuer 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 Guaranty Agreement, the Credit Agreement or any other Loan Document is outstanding and unpaid or and as long as the Revolving Commitments have not been terminated.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Fortegra Financial Corp), Subsidiary Guaranty Agreement (Fortegra Financial Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative 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 L/C Issuer 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 Guaranty Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Donjoy LLC), Execution (Lpa Services Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative 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 L/C Issuer Issuing 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 Guaranty 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.

Appears in 2 contracts

Samples: Pledge Agreement (Citadel Broadcasting Co), Pledge Agreement (Terex Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative Agent Agents 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 L/C Issuer 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 Guaranty Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Intercreditor Agreement (Hechinger Co), Security Agreement (Hechinger Co)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors Pledgors herein and in the certificates or other instruments prepared or prepared, delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative 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 L/C Issuer Issuing Lender, 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 any this Guaranty Agreement or any other Loan Document is outstanding and unpaid or and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Pledge Agreement (Foodbrands America Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the 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 L/C Issuer 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 Guaranty Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Guarantee Agreement (Pliant Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors each Pledgor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative 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 L/C Issuer Issuing 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 Guaranty Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Phillips Van Heusen Corp /De/)

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Survival of Agreement; Severability. (a) 1.02 All covenants, agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the 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 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 Guaranty Agreement or any other Loan Document is outstanding and unpaid or the Commitments have not been terminated.

Appears in 1 contract

Samples: Security Agreement (Brocade Communications Systems Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty or any other Loan Document Agreement shall be considered to have been relied upon by the Administrative Agent Agent, the Collateral 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 L/C Issuer Issuing 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 Guaranty Agreement or any other Loan Document is outstanding and unpaid or and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Pledge Agreement (Kansas City Southern Industries Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative Agent and the other Secured Lending Parties and shall survive the making by the Lenders of the Revolving Loans and the issuance of the Letters of Credit by the L/C Issuer Issuing Banks regardless of any investigation made by the Secured Lending 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 Loan, any unreimbursed LC Disbursements or any other fee or amount payable under this Guaranty Agreement or any other Loan Document is outstanding and unpaid or the Commitments have not been terminatedany Letter of Credit or Commitment remains outstanding.

Appears in 1 contract

Samples: Credit Agreement (Boise Cascade Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Subsidiary Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative Agent Agents 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 L/C Issuer 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 Guaranty Agreement or any other Loan Document is outstanding and unpaid or the Letter of Credit Outstandings does not equal zero and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Hechinger Co)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative 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 L/C Issuer Issuing Bank regardless of any investigation made by the Secured Parties or on their behalf, and shall continue in full force and effect as 5 5 long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Guaranty 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 Commitment have not been terminated.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Neenah Foundry Co)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Guarantors Guarantor herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Guaranty Agreement or any other Loan Document shall be considered to have been relied upon by the Administrative Collateral Agent and the other Secured Guaranteed Parties and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the L/C Issuer Issuing Bank 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 or any other fee or amount payable by a Borrower under this Guaranty the Credit 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 have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (El Paso Electric Co /Tx/)

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