Common use of Survival of Agreement Clause in Contracts

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 6 contracts

Samples: Second Lien Credit Agreement (STR Holdings (New) LLC), Second Lien Credit Agreement (STR Holdings LLC), Second Lien Guarantee and Collateral Agreement (STR Holdings (New) LLC)

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Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document Document, including with respect to any Letter of Credit, is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 6 contracts

Samples: Guaranty Agreement (Willis Towers Watson PLC), Guaranty Agreement, Guaranty Agreement (Willis Towers Watson PLC)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents each 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 Lenders Administrative Agent and shall survive the execution and delivery of this Agreement, the other Loan Documents and the making of any Loans, regardless of any investigation made by any Lender the Administrative Agent or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document Obligation (excluding contingent obligations as to which no claim has been made) is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 5 contracts

Samples: Credit Agreement, Revolving Credit Agreement (Square, Inc.), Assignment and Assumption (Twitter, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their behalf and notwithstanding that the Administrative Agent, the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 4 contracts

Samples: Term Facility Guarantee and Collateral Agreement, Intellectual Property Security Agreement (Houghton Mifflin Harcourt Co), Intellectual Property Security Agreement (HMH Holdings (Delaware), Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Credit Parties in the Loan Credit Documents 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 Lenders and shall survive the execution and delivery of the Loan Credit Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Administrative Agent, the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Credit Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 4 contracts

Samples: Guaranty and Collateral Agreement (NightHawk Radiology Holdings Inc), Guaranty and Collateral Agreement (HUGHES Telematics, Inc.), Second Lien Guaranty and Collateral Agreement (HUGHES Telematics, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 3 contracts

Samples: Credit Agreement (Resolute Forest Products Inc.), Guarantee Agreement (Michaels Stores Inc), Intercreditor Agreement (AbitibiBowater Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminatedunpaid.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Rentech Inc /Co/), Guarantee and Collateral Agreement (Rentech Inc /Co/), Guarantee and Collateral Agreement (Rentech Inc /Co/)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender such other party or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminatedoutstanding.

Appears in 3 contracts

Samples: Guarantee Agreement (Level 3 Communications Inc), Indemnity, Subrogation and Contribution Agreement (Level 3 Communications Inc), Guarantee Agreement (Level 3 Communications Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 3 contracts

Samples: Credit Agreement (SMURFIT-STONE CONTAINER Corp), Credit Agreement (Smurfit Stone Container Corp), Second Lien Guarantee and Collateral Agreement (RedPrairie Holding, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents each 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 Lenders Administrative Agent and shall survive the execution and delivery of this Agreement, the other Loan Documents and the making of any Loans, regardless of any investigation made by any Lender the Administrative Agent or on their its behalf and notwithstanding that the Collateral Agent or any Lender a Guaranteed Party may have had notice or knowledge of any Default, Event of Default or incorrect representation or warranty at the time any credit is extended under the Credit Term Loan Agreement, and and, subject to Section 17, 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 amount payable under any Loan Document Obligation (excluding contingent obligations as to which no claim has been made) is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 3 contracts

Samples: Security Agreement (Uber Technologies, Inc), Security Agreement (Uber Technologies, Inc), Term Loan Agreement (Uber Technologies, Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents 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 Lenders Administrative Agent and shall survive the execution and delivery of this Agreement, the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender the Administrative Agent or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or LC Disbursement or any fee or any other amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or been terminated and so long as any Letter of Credit has not expired or been terminated.

Appears in 2 contracts

Samples: Credit Agreement (NEWMONT Corp /DE/), Credit Agreement (Newmont Mining Corp /De/)

Survival of Agreement. All covenants, agreements, representations and warranties made by Holdings and the Loan Parties Borrower in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Term Loan Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminatedunpaid.

Appears in 2 contracts

Samples: Collateral Agreement (H&f Investors Iv LLC), Collateral Agreement (Silver Lake Investors Lp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Second Lien Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 2 contracts

Samples: Intercreditor Agreement (Hawkeye Holdings, Inc.), Intercreditor Agreement (Hawkeye Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 2 contracts

Samples: Form of Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Credit Agreement (American Axle & Manufacturing Holdings Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 2 contracts

Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Guarantee and Collateral Agreement (Sportsmans Warehouse Holdings Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Credit Parties in the Loan Credit Documents 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 Lenders and shall survive the execution and delivery of the Loan Credit Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, and shall shall, subject to Section 12.13, 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 amount payable under any Loan Credit Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments under the Credit Agreement have not expired or terminated.

Appears in 2 contracts

Samples: Collateral Agreement (Goodyear Tire & Rubber Co /Oh/), Guarantee and Collateral Agreement (Goodyear Tire & Rubber Co /Oh/)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminatedunpaid.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Clearlake Capital Partners, LLC), Guarantee and Collateral Agreement (Goamerica Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender such other party or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminatedoutstanding.

Appears in 2 contracts

Samples: Collateral Agreement (Level 3 Communications Inc), Collateral Agreement (Level 3 Communications Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents Holdings 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 Lenders Administrative Agent and shall survive the execution and delivery of this Agreement, the other Loan Documents and the making of any Loans, regardless of any investigation made by any Lender the Administrative Agent or on their its behalf and notwithstanding that the Collateral Agent or any Lender a Guaranteed Party may have had notice or knowledge of any Default, Event of Default or incorrect representation or warranty at the time any credit is extended under the Credit Term Loan Agreement, 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 amount payable under any Loan Document Obligation (excluding contingent obligations as to which no claim has been made) is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 2 contracts

Samples: Security Agreement (Uber Technologies, Inc), Security Agreement (Uber Technologies, Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Guaranty Parties in the 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 Lenders Senior Credit Parties and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender Secured Party or on their its behalf and notwithstanding that the Collateral Agent or any Lender Senior Credit Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminatedoutstanding.

Appears in 2 contracts

Samples: Guaranty Supplement (Polymer Group Inc), Guaranty (Polymer Group Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the each Additional Guarantor in each Loan Parties in the Loan Documents Document, as supplemented by this Agreement, 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loansthis Agreement, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, and shall continue in full force and effect until the Termination Date (as long as defined in the principal Security Agreement). Form of or any accrued interest on any Loan or any fee or any other amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.Xxxxxx Agreement

Appears in 1 contract

Samples: Revolving Credit Agreement (Spansion Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.. Exhibit L

Appears in 1 contract

Samples: Intercreditor Agreement (AbitibiBowater Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guaranty Agreement (Willis Group Holdings LTD)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender such other party or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminatedunpaid.

Appears in 1 contract

Samples: Term Loan Agreement (Citgo Petroleum Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or (in each case on terms reasonably satisfactory to the aggregate L/C Exposure does not equal zero Administrative Agent) and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Second Lien Guarantee and Collateral Agreement (Jda Software Group Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties Grantors in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent, any other Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Second Lien Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Second Lien Credit Agreement (SMART Technologies Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Administrative Agent, the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Dennys Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders Lender Parties and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender Party or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guarantee Agreement

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Buffets Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Guaranty Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any LoansLoans and issuance of any Letters of Credit, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender Senior Credit Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero any Letter of Credit is outstanding and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guaranty (Ahny-Iv LLC)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents 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 Lenders Administrative Agent and shall survive the execution and delivery of this Agreement, the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender the Administrative Agent or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Newmont Mining Corp /De/)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents 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 Lenders Administrative Agent and shall survive the execution and delivery of this Agreement, the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender the Administrative Agent or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or LC Disbursement or any fee or any other amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated and so long as any Letter of Credit has not expired or been terminated.

Appears in 1 contract

Samples: Credit Agreement (Newmont Mining Corp /De/)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Canadian Credit Parties in the Loan Credit Documents 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 Lenders and shall survive the execution and delivery of the Loan Credit Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Credit Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Credit Agreement (Resolute Forest Products Inc.)

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Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Medley Management Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Term Loan Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Term Loan Agreement (Willis Group Holdings PLC)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Guaranty Parties in the 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 Lenders Senior Credit Parties and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender Senior Credit Party or on their its behalf and notwithstanding that the Collateral Agent or any Lender Senior Credit Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminatedoutstanding.

Appears in 1 contract

Samples: Guaranty (Polymer Group Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties Grantors in the 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 Lenders Secured Parties and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender Secured Party or on their its behalf and notwithstanding that the Collateral Agent or any Lender other Secured Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under pursuant to the Credit Agreement, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or Loan, any fee or any other amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or been terminated.

Appears in 1 contract

Samples: Security Agreement (Diamond Resorts International, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties Guarantors in the 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 Lenders Secured Parties and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender Secured Party or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender other Secured Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under pursuant to the Credit Agreement, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or Loan, any fee or any other amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or been terminated.

Appears in 1 contract

Samples: Credit Agreement (Diamond Resorts International, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Guaranty Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Financing Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Financing Agreement (Kansas City Power & Light Co)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan U.S. Credit Parties in the Loan Credit Documents 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 Lenders and shall survive the execution and delivery of the Loan Credit Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Credit Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Credit Agreement (Resolute Forest Products Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the each Additional Guarantor in each Loan Parties in the Loan Documents Document, as supplemented by this Agreement, 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loansthis Agreement, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, and shall continue in full force and effect as long as until the principal of or any accrued interest on any Loan or any fee or any other amount payable under any Loan Document is outstanding and unpaid or date that (i) the aggregate L/C Exposure does not equal zero and so long as the Aggregate Commitments have not expired or terminatedbeen terminated and (ii) the Obligations shall have been paid in full in cash (the “Termination Date”). .

Appears in 1 contract

Samples: Assignment and Assumption (Cenveo, Inc)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Term Loan Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Sportsman's Warehouse Holdings, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Guaranty Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Kansas City Power & Light Co

Survival of Agreement. All covenants, agreements, representations and warranties made by FDSI and the Loan Parties Borrower in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral any Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guarantee Agreement (Federated Department Stores Inc /De/)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties Grantors in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender Credit Agreement Secured Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Credit Agreement (First American Financial Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Credit Parties in the Loan Credit Documents 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 Lenders and shall survive the execution and delivery of the Loan Credit Documents and the making of any Term Loans, regardless of any investigation made by any Lender or on their behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, and shall continue in full force and effect as long as the principal of or any accrued interest on any Term Loan or any fee or any other amount payable under any Loan Credit Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Healing Co Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties Borrower in the Loan Finance Documents and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Finance Document shall be considered to have been relied upon by the Lenders and shall survive the execution and delivery of the Loan Finance Documents and the making of any LoansLoan, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Security Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Finance Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Share Pledge Agreement (CGG Veritas)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Party Representative and the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guarantee Agreement (Usg Corp)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents each 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 Lenders Administrative Agent and shall survive the execution and delivery of this Agreement, the other Loan Documents and the making of any Loans, regardless of any investigation made by any Lender the Administrative Agent or on their its behalf and notwithstanding that the Collateral Administrative Agent or any Lender Secured Party may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, and shall continue in full force and effect as long as the principal of any Obligation (excluding contingent obligations as to which no claim has been made or any accrued interest on any Loan Obligations constituting Secured Swap Obligations or any fee or any other amount payable under any Loan Document Secured Cash Management Obligations) is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Pledge and Security Agreement (Palantir Technologies Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Allegiant Travel CO)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties Grantors in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Agent, any other Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminatedterminated and the occurrence of the Termination Date.

Appears in 1 contract

Samples: Security Agreement (Candela Medical, Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Note Parties in the Loan Operative Documents and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Operative Document shall be considered to have been relied upon by the Lenders Holders and shall survive the execution and delivery of the Loan Operative Documents and the making purchase of any LoansNotes, regardless of any investigation made by any Lender Holder or on their its behalf and notwithstanding that the Collateral Agent or any Lender Holder may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit AgreementIndenture, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan Note or any fee or any other amount payable under any Loan Operative Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminatedoutstanding.

Appears in 1 contract

Samples: Supplemental Indenture (Rivian Automotive, Inc. / DE)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Guaranty Parties in the 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 Lenders and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender or on their its behalf and notwithstanding that the Collateral Administrative Agent, any other Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Second Lien Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Second Lien Credit Agreement (SMART Technologies Inc.)

Survival of Agreement. All covenants, agreements, representations and warranties made by the Loan Parties Grantor or Member, as applicable, in the Loan Documents and in the certificates or other instruments Instruments prepared or delivered in connection with or pursuant to this Agreement or any other Loan Document Documents shall be considered to have been relied upon by the Lenders Collateral Agent and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any Lender the Collateral Agent or on their its behalf and notwithstanding that the Collateral Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended under the Credit Agreement, 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 amount payable under any Loan Document is outstanding and unpaid or the aggregate L/C Exposure does not equal zero and so as long as the Commitments have not expired or terminated.

Appears in 1 contract

Samples: Security Agreement (Great American Group, Inc.)

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