Common use of Survival of Covenants, Etc Clause in Contracts

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective Subsidiaries Guarantor pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of themit, and shall survive the making by the Banks of any Lenders of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has the Lenders have any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust Guarantors provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent or any Lender at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective Subsidiaries the Guarantors pursuant hereto or in connection with the transactions contemplated hereby (other than third party reports, such as engineering reports and environmental studies) shall constitute representations and warranties by such Person the Borrower or any of the Guarantors hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letter of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any LoansLoans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or the Trust hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors any Subsidiary Guarantor or any of their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any Lenders of the Loans, Term Loan as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loansoutstanding. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Subsidiary Guarantor or any of their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower, such Person Subsidiary Guarantor or such Subsidiary or the Trust hereunder.

Survival of Covenants, Etc. All covenantsrepresentations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Unless otherwise stated herein, all covenants and agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrowers pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Banks, the Issuing Bank and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by them and notwithstanding that the Agents or any Bank may have had notice or knowledge of themany Default at the time of any credit extension, and shall survive the making by the Banks of the Loans and the acceptance and purchase of any Bankers’ Acceptance and the issuance, extension or renewal of the Loansany Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes Agreement, any Obligation, any Bankers’ Acceptance, any Letter of Credit or any of the other Loan Documents Note remains outstanding and unpaid or any Bank has any obligation to make any Loans. The indemnification obligations Loans or the Canadian Banks have any obligation to purchase and accept Bankers’ Acceptances or the Issuing Bank has any obligation to issue, extend or renew any Letter of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinCredit. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrowers pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person the Borrowers hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, Borrower or the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of any Letter of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or BPI pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any LoansLoans or the Agent or any Fronting Bank has any obligation to issue, extend or renew any Letter of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or BPI pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or BPI hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective Subsidiaries Guarantor pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of themit, and shall survive the making by the Banks of any Lenders of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has the Lenders have any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent or any Lender at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person the Borrower hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, herein and in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto (i) shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and (ii) shall survive the execution and delivery hereof and thereof and the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and (iii) shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Administrative Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder and have been or will be relied upon by the Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default at the time of any borrowing hereunder, and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied or any Letter of Credit shall remain outstanding.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors any Borrower or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and Lenders, the AgentAgents, the Issuing Banks, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or any Issuing Bank has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender, any Agent or any Issuing Bank or the Agent at any time by or on behalf of any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Borrower or such Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrowers or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letters of Credit (other than Letters of Credit the expirations of which extend beyond the Letter of Credit Expiration Date as permitted under §2.10 and in respect to which the Borrower has satisfied the requirements of such section or §2.12, as applicable) remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust Guarantors provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of Borrower or the Borrowerother Loan Parties, the Guarantors or any of their respective Subsidiaries as applicable, pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders, LC Issuer and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuing by LC Issuer of any of the Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any LoansLoans or LC Issuer has any obligation to issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders and LC Issuer hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender, LC Issuer or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries the Loan Parties pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties as to the matters contained in such certificate or other paper by such Person any of the Loan Parties hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust each Guarantor provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and thereintherein for a period of one year. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or BPI pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans and the issuance, extension, increase or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any LoansLoans or the Agent or any Fronting Bank has any obligation to issue, extend, increase or renew any Letter of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or BPI pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or BPI hereunder.

Survival of Covenants, Etc. All covenants, agreements, agreements representations and warranties made herein, in the Notesany Notes as may be issued hereunder, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrowers pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders, the Issuing Banks and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of the Loans and the issuance by the Issuing Banks of any the Letters of the Loans, Credit as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Agreement, any Notes as may be issued hereunder or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinoutstanding. All statements contained in any certificate or other paper delivered to any Lender, any Issuing Bank or the any Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrowers pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person the Borrowers hereunder. Without prejudice to the survival of any other agreement of the Borrowers hereunder, the agreements and obligations of the Borrowers contained in Section 4.04, Section 4.05, Section 4.07, Section 4.08, Section 11.03 and Section 11.04 shall survive the payment in full of principal, interest and all other amounts hereunder and under any Notes as may be issued hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any LoansLoans or the Agent has any obligation to issue, extend or renew any Letter of Credit, and for such further time as may be otherwise expressly specified with respect to such provisions in this Credit Agreement. The indemnification obligations Notwithstanding the foregoing, the covenants contained in (S)(S)9, 10 and 11 shall remain in full force and effect for so long as any Loan, Unpaid Reimbursement Obligation or Letter of Credit is outstanding or any Bank has any obligation to make any Loans or the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment Agent has any obligation to issue, extend or renew any Letters of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinCredit. All written statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder. The Agent and the Banks acknowledge and agree that the delivery by the Borrower of its financial projections and forecasts pursuant to this Credit Agreement does not constitute a representation or warranty by the Borrower or its Subsidiaries that the Borrower or such Subsidiary will achieve the results estimated on such projection or forecast.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, the Swing Line Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Administrative Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, REA or the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, REA or the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Administrative Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrowers pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Agent and the AgentLenders, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any Lenders of the Loans, Loans as herein contemplatedcontemplated and the termination of all Commitments, and shall continue in full force and effect so long as any amount due under this Agreement Obligation (other than any contingent indemnification or reimbursement Obligation, to the Notes extent no claim giving rise thereto has been asserted in writing) remains outstanding and unpaid or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any LoansLoans hereunder. The Notwithstanding the foregoing, the provisions of Sections 11.2 and 11.3 shall continue in full force and effect after the payment in full of all Obligations (other than contingent indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder or reimbursement Obligations, to the extent provided herein and thereinno claim giving rise thereto has been asserted in writing). All statements contained in any certificate or other paper writing delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrowers pursuant hereto or the other Loan Documents or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person the Borrowers hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers certificates delivered by or on behalf of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto (as may be supplemented or thereto amended) shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Administrative Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper certificates delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrowers or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Guarantor or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust Guarantor provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of themthem and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default, and shall survive the making by the Banks Lenders of any of the LoansLoans or the issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Credit Agreement or the Notes any Letter of Credit or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Issuing Bank has any obligation to issue, renew or extend Letters of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letter of Credit remains Outstanding or any Lender has any obligation to make any LoansLoans or issue any Letter of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person hereunderSubsidiary hereunder that the matters set forth therein are true and correct in all material respects as of the time delivered.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans or issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding outstanding, any Letter of Credit remains Outstanding or any Bank Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of themthem and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default, and shall survive the making by the Banks Lenders of any of the LoansLoans or the issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Credit Agreement or the Notes any Letter of Credit or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or any Issuing Bank has any obligation to issue, renew or extend Letters of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Obligors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Acceptance Bank, the Issuing Bank, the Lenders and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the Acceptance Bank's and the Issuing Bank's issuance, extension or renewal of any Credit Instrument, as herein contemplated, and shall continue in full force and effect so long as any Credit Instrument or amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations of Loans hereunder or the Borrower Acceptance Bank or the Issuing Bank has any obligation to issue, extend or renew any Credit Instrument, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the any Agent at any time by or on behalf of the Borrower, the Guarantors any Obligor or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Obligor or such Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or the Administrative Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper required to be delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Borrower or such Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, herein and in any of the other Loan Purchase Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Issuer or any of their respective its Subsidiaries pursuant hereto or thereto (i) shall be deemed to have been relied upon by the Banks and the AgentPurchaser, notwithstanding any investigation heretofore or hereafter made by any of themit, and (ii) shall survive the making execution and delivery hereof and thereof and the issuance by the Banks of any Purchaser of the LoansNotes, as herein contemplated, and (iii) shall continue in full force and effect so long as any amount due under this Agreement or Purchase Agreement, the Notes or any of the other Loan Purchase Documents remains outstanding or any Bank the Purchaser has any obligation to make any Loans. The indemnification obligations of issue the Borrower Notes, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Purchase Agreement. All statements contained in any certificate or other paper delivered to any Bank or the Agent Purchaser at any time by or on behalf of the Borrower, the Guarantors Issuer or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Issuer or such Person Subsidiary hereunder and have been or will be relied upon by the Purchaser, regardless of any investigation made by the Purchaser or on its behalf and notwithstanding that the Purchaser may have had notice or knowledge of any Default at the time of any borrowing hereunder, and shall continue in full force and effect as long as the Notes or any other Obligation hereunder shall remain unpaid.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or the Administrative Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person hereunderSubsidiary hereunder that the matters set forth therein are true and correct in all material respects as of the time delivered.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans or the issuance of any Letter of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any LoansLoans or issue Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.. 109

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letters of Credit (other than Letters of Credit the expirations of which extend beyond the Letter of Credit Expiration Date as permitted under §2.10 and in respect to which the Borrower has satisfied the requirements of such section or §2.12, as applicable) remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.. 127

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or any Guarantor pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any LoansLoans or the Agent or any Fronting Bank has any obligation to issue, extend or renew any Letter of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or any Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or such Guarantor hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the NotesNote, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto (as set forth on Schedule 15, annexed hereto), shall be deemed to have been relied upon by the Banks Lender and the Collateral Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lender of any of the Credit Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes Note or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loansoutstanding. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations agreements of the Banks Lender hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank the Lender or the Collateral Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents and the Borrower’s obligations under §§ 4.9, 4.10 and 4.11 shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the BorrowerParent, any of the Guarantors Borrowers or any of their respective Subsidiaries the Guarantors pursuant hereto or thereto to this Agreement shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of the Loans and the issuance, extension or renewal of any Letters of Credit or the LoansTender Guaranty, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit, the Tender Guaranty, or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations , London Branch has any obligation to issue the Tender Guaranty, or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Agreement. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the BorrowerParent, any of the Guarantors Borrowers or any of their respective Subsidiaries the Guarantors pursuant hereto to this Agreement or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.. 137

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.. 143

Survival of Covenants, Etc. All covenants, agreements, agreements representations and warranties made herein, in the Notesany Notes as may be issued hereunder, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrower pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders, the Issuing Banks and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of the Loans and the issuance by the Issuing Banks of any the Letters of the Loans, Credit as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Agreement, any Notes as may be issued hereunder or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinoutstanding. All statements contained in any certificate or other paper delivered to any Lender, any Issuing Bank or the any Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person the Borrower hereunder. Without prejudice to the survival of any other agreement of the Borrower hereunder, the agreements and obligations of the Borrower contained in Section 4.04, Section 4.05, Section 4.06, Section 4.08, Section 11.03 and Section 11.04 shall survive the payment in full of principal, interest and all other amounts hereunder and under any Notes as may be issued hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loansoutstanding. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or the Trust hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes Revolving Credits or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective its Subsidiaries or the Holding Company pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective its Subsidiaries or the Holding Company pursuant hereto or to the other Loan Documents or in connection with the transactions contemplated hereby or thereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letters of Credit (other than Letters of Credit the expirations of which extend beyond the Letter of Credit Expiration Date as permitted under §2.10 and in respect to which the Borrower has satisfied the requirements of such section or §2.12, as applicable) remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.. 159

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letters of Credit (other than Letters of Credit the expirations of which extend beyond the Letter of Credit Expiration Date as permitted under §2.10 and in respect to which the Borrower has satisfied the requirements of such section or §2.12, as applicable) remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.. 122

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Guarantor or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust Guarantor provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.. 52

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors any Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit and the acceptance and/or purchase of any Bankers' Acceptances, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or purchase or accept any Bankers' Acceptance or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All factual statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors any Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Borrower or such Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the AgentCo-Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or the Issuing Bank has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of CML, any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by 83 any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Issuing Bank has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of CML, any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by CML, such Person Borrower or such Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf 146 102175686\V-9 102175686\V-9 of the Borrower, Borrower or the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder. ASSIGNMENT AND PARTICIPATION .

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors any Subsidiary Guarantor, any Unsecured Revolver Subsidiary Guarantor or any of their respective Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any Lenders of the Loans, Term Loan as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loansoutstanding. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Subsidiary Guarantor, any Unsecured Revolver Subsidiary Guarantor or any of their respective Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower, such Person Subsidiary Guarantor, such Unsecured Revolver Subsidiary Guarantor or such Subsidiary or the Trust hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit or Foreign Letters of Credit, as the case may be, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit, Foreign Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Issuing Bank or the Foreign Issuing Bank has any obligation to issue, extend, amend, or renew any Letter of Credit or Foreign Letter of Credit, as the Borrower case may be, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or any of the Agent Agents at any time by or on behalf of any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Borrower or such Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the AgentBank, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Bank of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any the Bank has any obligation to make any LoansRevolving Credit Loans or to issue, extend or renew any Letter of Credit. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents under Section 14 of this Credit Agreement shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinthis Credit Agreement. All statements contained in any certificate or other paper delivered to any the Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers certificates delivered by or on behalf of the Borrower, the Guarantors Loan Parties or any of their respective Subsidiaries pursuant hereto (as may be supplemented or thereto amended) shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Administrative Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper certificates delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Loan Parties or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Loan Parties or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All Unless otherwise stated herein, all covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrowers and Sanifill pursuant hereto or thereto shall be deemed to have been relied upon by the Banks, the Issuing Banks and the AgentBank Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the Loans, the accepting and purchasing of Bankers' Acceptances and the issuance, extension or renewal of any Letters of Credit by any Issuing Bank, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes Agreement, any Obligation, any Letter of Credit, any Bankers' Acceptance or any of the other Loan Documents Note remains outstanding and unpaid or any Bank has any obligation to make any Loans. The indemnification obligations Loans or any Issuing Bank has any obligation to issue, extend, or renew any Letters of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Credit hereunder and thereunder or any Canadian Bank has any obligation to the extent provided herein and thereinaccept or purchase any Bankers' Acceptances. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrowers pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person the Borrowers hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors a Borrower or any of their respective its Restricted Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Banks, the Issuing Bank and the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations Loans or the Agents has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank, the Issuing Bank or the Agent Agents at any time by or on behalf of the Borrower, the Guarantors Borrowers or any of their respective Restricted Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Borrower or such Restricted Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or the Trust pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letter of Credit, as herein 95 contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any LoansLoans or purchase Letter of Credit Participations or the Fronting Bank has any obligation to issue, extend or renew Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or the Trust pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or the Trust hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Revolver Loan Documents or in any documents or other papers delivered by or on behalf of the BorrowerHoldings, the Guarantors Borrower or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Revolver Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the BorrowerAmeriKing, Holdings, the Guarantors Borrower or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by AmeriKing, Holdings, the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders, the Administrative Agent and the AgentSyndication Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplatedcontemplated (regardless of any investigation made by the Administrative Agent or any Lender), and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any LoansLoans or the Administrative Agent or any Fronting Bank has any obligation to issue, extend or renew any Letter of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent or the Syndication Agents at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or any Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or such Guarantor hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the BorrowerBorrowers, the Guarantors any Guarantor or any of their respective the Restricted Subsidiaries of a Borrower pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust Borrowers provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of any of the Borrower, the Guarantors Borrowers or any Guarantor or any of their respective the Restricted Subsidiaries of a Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrowers, the Guarantors or such Person Restricted Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders, the Issuing Bank and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Issuing Bank has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender, the Issuing Bank or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrowers or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any 142 investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.7, 4.8 and 4.9 shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders, the Issuing Bank and the AgentCo-Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Issuing Bank has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender, the Issuing Bank or the Agent Co-Agents at any time by or on behalf of any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Borrowers or such Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders, the Issuing Bank and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Issuing Bank has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender, the Issuing Bank or the Agent at any time by or on behalf of any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries the Guarantors pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Borrowers or such Guarantor hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents Documents, in any Loan Request or request for the issuance, extension or renewal of a Letter of Credit, or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto in connection with the transactions contemplated hereby and the Loan Documents shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations , the Swing Line Bank has any obligation to make any Swing Line Loans or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper 112 -105- delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person hereunderSubsidiary hereunder on and as of the date so delivered.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or BPI pursuant hereto or thereto shall be deemed to have been relied upon -102- by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any LoansLoans or the Agent or any Fronting Bank has any obligation to issue, extend or renew any Letter of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or BPI pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or BPI hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit and the acceptance and/or purchase of any Bankers' Acceptance, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or purchase or accept any Bankers' Acceptance or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All factual statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Banks, the Collateral Agent and each of the AgentAgents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans or Purchases and Consignments and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations Loans or Purchases and Consignments or the Dollar Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Bank, the Collateral Agent or either of the Agent Agents at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the BorrowerBorrowers, the Guarantors any Guarantor or any of their respective the Restricted Subsidiaries of a Borrower pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust Borrowers provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of any of the Borrower, the Guarantors Borrowers or any Guarantor or any of their respective the Restricted Subsidiaries of a Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrowers, the Guarantors or such Person Restricted Subsidiary hereunder.. 115

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.. 162

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents and the Borrower’s obligations under §§4.8, 4.9 and 4.10 shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.. 189

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, any of its Subsidiaries, the Guarantors Property Owner or any of their respective Subsidiaries Guarantor pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, any of its Subsidiaries, the Guarantors Property Owner or any of their respective Subsidiaries Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Parent or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any LoansLoans or issue Letters of Credit. The indemnification obligations of the Borrower and the Trust Borrowers provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors Parent or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Parent or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the AgentAgents at the time made or deemed made, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or the Letter of the Borrower Credit Agent has any obligation to issue, extend or renew any Letter of Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank or the any Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.. -91-

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors any Borrower or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and Lenders, the AgentAgents, the Issuing Bank, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Issuing Bank has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender, any Agent or the Agent Issuing Bank at any time by or on behalf of any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Borrower or such Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Managing Member, the Property Owner, the Guarantor, any other Additional Pledgor, Xxxxxxx X. Xxxxx or any of their respective Subsidiaries Xxxxx X. Xxxxxxx pursuant hereto or thereto or any of such Person's respective members, principals, directors, officers, partners, or any agent, employee or any other Person authorized or apparently authorized to make statements or representa- tions on behalf of any such Person to the extent of statements and representations made to FNBB and Wellsford on their tour of the Mortgaged Property on or about February 10, 1997 shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loansoutstanding. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Managing Member, the Property Owner, the Guarantor or any of their respective Subsidiaries Additional Pledgor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, Borrower or the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit (provided that to the extent there are any Letters of Credit Outstanding at the Maturity Date as permitted by the penultimate sentence of §2.10(a), Borrower and Issuing Lender agree to consider having a separate letter of credit reimbursement agreement to evidence and secure the obligations of Borrower with respect to such Letters of Credit after the termination of this Agreement and the repayment and satisfaction of all other Obligations). The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective Subsidiaries other Loan Party pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance by LC Issuers of any Letter of Credit, as herein contemplated, and shall continue in full force and effect so long 120 as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letter of Credit is Outstanding or any Lender has any obligation to make any LoansLoans or any LC Issuer has any obligation to issue a Letter of Credit. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender, any LC Issuer or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries the Loan Parties pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties as to the matters contained in such certificate or other paper by such Person any of the Loan Parties hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, the 1992 Agreement (as amended), the 1988 Agreement, in the NotesNote, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of each of the BorrowerParties, the Guarantors or any of their respective Subsidiaries (other than such covenants, agreements, representations and warranties which have been replaced in their entirety pursuant to the within Agreement, and/or any other documents, instruments or agreement to be executed and/or delivered in connection herewith) pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the AgentBank, notwithstanding any investigation heretofore or hereafter made by any of themit, and shall survive the making by the Banks of any Bank of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes Note or any of the other Loan Documents remains outstanding or any the Bank has any obligation to make any Loans. The indemnification obligations of each of the Borrower and the Trust Parties provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Bank hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any the Bank or the Agent at any time by or on behalf of each of the Borrower, the Guarantors Parties or any of their respective Subsidiaries MAXXAM pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereundereach of the Parties.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or BPI pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the Loans, Loans as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make 100 any LoansLoans or the Agent. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or BPI pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or BPI hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any LoansLoans or the Agent has any obligation to issue, extend or renew any Letter of Credit, and for such further time as may be otherwise expressly specified with respect to such provisions in this Credit Agreement. The indemnification obligations Notwithstanding the foregoing, the covenants contained in (S)(S)11, 12 and 13 shall remain in full force and effect for so long as any Loan, Unpaid Reimbursement Obligation, Letter of Credit or Note is outstanding or any Bank has any obligation to make any Loans or the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment Agent has any obligation to issue, extend or renew any Letters of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinCredit. All written statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder. The Agent and the Banks acknowledge and agree that the delivery by the Borrower of its financial projections and forecasts pursuant to this Credit Agreement does not constitute a representation or warranty by the Borrower or its Subsidiaries that the Borrower or such Subsidiary will achieve the results estimated on such projection or forecast.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and issuance of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents (other than any indemnification obligations which survive the termination of this Agreement and/or the full repayment of the Loans and any other amounts due under this Agreement or the other Loan Documents) remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.. 121

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the BorrowerGuarantor, the Guarantors Borrower or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders, the L/C Issuer and the AgentBank Agents, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the L/C Issuer has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Lender, the L/C Issuer or either Bank or the Agent at any time by or on behalf of the BorrowerGuarantor, the Guarantors Borrower or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Guarantor, the Borrower or such Person Subsidiary hereunder. 19.

Survival of Covenants, Etc. All covenants, agreements, --------------------------- representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or the Guarantor pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any LoansLoans or the Agent or any Fronting Bank has any obligation to issue, extend or renew any Letter of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or the Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or the Guarantor hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Guarantor, or any of their its respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of themthem (except to the extent any such party has actual knowledge otherwise), and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Letters of Credit remain outstanding or any Lender has any obligation to make any LoansLoans or issue any Letters of Credit, except to the extent ay representation or warranty is made as of a specific date. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors Guarantor, or any of their its respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors a Borrower or any of their respective its Restricted Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Issuing Lender has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrowers or any of their respective Restricted Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Borrower or such Restricted Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, Borrower or the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations 122 of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank Lender or the Agent at any time by or on behalf of the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Tranche A Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Tranche A Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Administrative Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the NotesNote, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the AgentLender, notwithstanding any investigation heretofore or hereafter made by any of themit, and shall survive the making by the Banks Lender of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes Note or any of the other Loan Documents remains outstanding Outstanding or any Bank the Lender has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust Borrowers provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks Lender hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent Lender at any time by or on behalf at the direction of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrowers or such Person Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or BPI pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any LoansLoans or the Agent or any Fronting Bank has any obligation to issue, extend or renew any Letter of Credit. The indemnification obligations of the Borrower and the Trust provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries or BPI pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or BPI hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Revolving Credit Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of any of the BorrowerParent Companies, the Guarantors Borrower or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the LoansRevolving Credit Loans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Revolving Credit Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations Revolving Credit Loans or the Agent has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of any of the BorrowerParent Companies, the Guarantors Borrower or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person Parent Company, the Borrower or such Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of CML, any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks Lenders and the Administrative Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Lenders of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank Lender has any obligation to make any Loans. The indemnification obligations Loans or the Issuing Bank has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any Bank Lender or the Administrative Agent at any time by or on behalf of CML, any of the Borrower, the Guarantors Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by CML, such Person Borrower or such Subsidiary hereunder.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the NotesNote, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the AgentBank, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks Bank of any of the LoansLoans and the issuance, extension or renewal of any Letters of Credit, as herein contemplated, and shall continue in full force and effect so long as any Letter of Credit or any amount due under this Credit Agreement or the Notes Note or any of the other Loan Documents remains outstanding or any the Bank has any obligation to make any Loans. The indemnification obligations Loans or the Bank has any obligation to issue, extend or renew any Letter of the Borrower Credit, and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinfor such further time as may be otherwise expressly specified in this Credit Agreement. All statements contained in any certificate or other paper delivered to any the Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary hereunder. Upon receipt of an affidavit of an officer of Bank as to the loss, theft, destruction or mutilation of the Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of the Note or other security document, Borrower will issue, in lieu thereof, a replacement note or other security document in the same principal amount thereof and otherwise of like tenor.

Survival of Covenants, Etc. All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors any of its Subsidiaries, any Member or any of their respective Subsidiaries Guarantor pursuant hereto or thereto shall be deemed to have been relied upon by the Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Banks of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate or other paper delivered to any Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors any of its Subsidiaries, any Member or any of their respective Subsidiaries Guarantor pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by the Borrower or such Person Subsidiary or the Member or the Guarantor hereunder.

Survival of Covenants, Etc. All covenants, agreements, agreements representations and warranties made herein, in the Notesany Notes as may be issued hereunder, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrower pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders, the Issuing Banks and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of the Loans and the issuance by the Issuing Banks of any the Letters of the Loans, Credit as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Agreement, any Notes as may be issued hereunder or any of the other Loan Documents remains outstanding or any Bank has any obligation to make any Loans. The indemnification obligations of the Borrower and the Trust provided herein and the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Banks hereunder and thereunder to the extent provided herein and thereinoutstanding. All statements contained in any certificate or other paper delivered to any Lender, any Issuing Bank or the Agent at any time by or on behalf of the Borrower, the Guarantors or any of their respective Subsidiaries Borrower pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person the Borrower hereunder. Without prejudice to the survival of any other agreement of the Borrower hereunder, the agreements and obligations of the Borrower contained in Section 4.04, Section 4.05, Section 4.07, Section 4.08, Section 11.03 and Section 11.04 shall survive the payment in full of principal, interest and all other amounts hereunder and under any Notes as may be issued hereunder.