Common use of Survival of Agreement; Severability Clause in Contracts

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 and the other Secured Parties and shall survive the making by the Lenders of the Loans, 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.

Appears in 4 contracts

Samples: Security Agreement (Leap Wireless International Inc), Collateral Agency and Intercreditor Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)

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Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 Administrative Agent and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, Loans regardless of any investigation made by the Secured Parties any Lender or on their any Lender's 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 unpaidunpaid and as long as the Commitments have not been terminated.

Appears in 3 contracts

Samples: Credit Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, regardless of any investigation made by the Secured Parties Lenders 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 other amount payable under this the Loan Agreement or any other Loan Document is outstanding and unpaidunpaid and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc), Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 Administrative Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, 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 unpaidunpaid and as long as the Commitments have not been terminated.

Appears in 2 contracts

Samples: Pledge Agreement (Triton PCS Holdings Inc), Pledge Agreement (Triton PCS Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by USR and the Parent 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 and the other Secured Parties and shall survive the making by the Lenders of the Loans, Loans 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 unpaidunpaid or the Commitments have not been terminated.

Appears in 2 contracts

Samples: Credit Agreement (Smith & Wesson Holding Corp), Smith & Wesson Holding Corp

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by Holdings and the Parent 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 and the other Secured Parties and shall survive the making by the Lenders of the Loans, Loans 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 unpaidunpaid or the Commitments have not been terminated.

Appears in 2 contracts

Samples: Credit Agreement (Smith & Wesson Holding Corp), Operating Companies Guaranty (Smith & Wesson Holding Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, Loans 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 unpaidunpaid 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: Credit Agreement (Telecorp PCS Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 and the other Secured Parties and shall survive the making by the Lenders of the Loans, Loans 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 unpaidunpaid or the LC Exposure does not equal zero and as long as the Commitments and the LC Commitment have not been terminated.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Knowles Electronics LLC)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made in writing by the Parent 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 Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, Loans 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 unpaidunpaid and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Guarantee Agreement (Ryder TRS Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 Administrative Agent and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, Loans regardless of any investigation made by the Secured Parties Lenders 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.

Appears in 1 contract

Samples: Guarantee Agreement (Nasdaq Stock Market Inc)

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Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, Loans regardless of any investigation made by the Secured Parties any Lender or on their any Lender's 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 unpaidunpaid and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Winstar Communications Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 Administrative Agent Agent, the Issuing Bank and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, 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 unpaidunpaid and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Credit Agreement (Edwards Lifesciences Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, Loans regardless of any investigation made by the Secured Parties Administrative Agent or any Lender 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, the Commitments have not been terminated.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Valspar Corp)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent Guarantors herein and in the certificates or other 8 of 14 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 Collateral Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, Loans 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 unpaidunpaid and as long as the Commitments have not been terminated.

Appears in 1 contract

Samples: Guarantee Agreement (Memc Electronic Materials Inc)

Survival of Agreement; Severability. (a) All covenants, agreements, representations and warranties made by the Parent 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 Administrative Agent and the other Secured Parties and shall survive the making by the Lenders of the Loans, Loans 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 unpaidunpaid or the LC Exposure does not equal zero and as long as the Commitments and the LC Commitment have not been terminated.

Appears in 1 contract

Samples: Parent Guarantee Agreement (Knowles Electronics LLC)

Survival of Agreement; Severability. (a) All covenants, agreements, agreements representations and warranties made by the Parent Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any the other Loan Document shall be considered to have been relied upon by the Administrative Agent and the other Secured Parties Lenders and shall survive the making by the Lenders of the Loans, Term Loans 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 Term Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid.

Appears in 1 contract

Samples: Guaranty Agreement (Allete Inc)

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