Common use of Survival of Representations, Warranties and Agreements Clause in Contracts

Survival of Representations, Warranties and Agreements. All representations, warranties, and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c), 2.18, 2.19, 10.02, 10.03, 10.04, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), and 9.06 shall survive the payment of the Loans.

Appears in 9 contracts

Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)

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Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 8 contracts

Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 7 contracts

Samples: Credit and Guarantee Agreement (Kraton Corp), Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(cSection 2.14(c), 2.182.15, 2.192.16, 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), ) and 9.06 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.14, 2.15, 2.19(c), 2.1810.2, 2.1910.3, 10.02, 10.03, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16Section 2.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.

Appears in 4 contracts

Samples: Financing Agreement (TherapeuticsMD, Inc.), Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.162.17, 9.03(b9.3(b), 9.3(c), 9.6 and 9.06 9.11 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 4 contracts

Samples: Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Credit and Guaranty Agreement (Corsair Gaming, Inc.), Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Cit Group Inc), Collateral Agreement (Cit Group Inc), Lease Agreement (Cit Group Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.162.17, 9.03(b9.3(b), 9.7 and 9.06 9.10 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Airbnb, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.), Credit and Guaranty Agreement (Airbnb, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.037.11, 10.0410.2, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 3 contracts

Samples: Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Counterpart Agreement (Reliant Pharmaceuticals, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.037.11, 10.0410.2, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), Section 2.17 and 9.06 Section 9 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.

Appears in 3 contracts

Samples: Counterpart Agreement (Arizona Chemical Ltd.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International), Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.13(c), 2.182.14, 2.192.15, 10.0210.2, 10.0310.3, 10.04, 10.4 and 10.10 10.22 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.

Appears in 3 contracts

Samples: Credit Agreement (FS Energy & Power Fund), Credit Agreement (FS Investment Corp III), Credit Agreement (FS Energy & Power Fund)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.19, 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), ) and 9.06 shall survive the payment of the Loans, and the termination hereof.

Appears in 3 contracts

Samples: Counterpart Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.17(d), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment Payment in Full of the LoansObligations.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.197.2, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.15 and 9.06 9.6 shall survive the payment of the Loans.

Appears in 3 contracts

Samples: Credit Agreement (Allegiance Telecom Inc), Credit and Guaranty Agreement (Allegiance Telecom Inc), Credit Agreement (Allegiance Telecom Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Borrower Party set forth in Sections 2.17(c)2.08, 2.182.09, 2.199.02, 10.02, 10.03, 10.04, 9.03 and 10.10 9.04 and the agreements of the Lenders set forth in Sections 2.162.08, 9.03(b2.09(g), 8.03(b) and 9.06 8.06 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 3 contracts

Samples: Credit Agreement (Fly Leasing LTD), Term Loan Credit Agreement (Fly Leasing LTD), Term Loan Credit Agreement (Fly Leasing LTD)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(a) and (b), 2.182.15, 2.1910.2, 10.0210.3 and 10.4, 10.03, 10.04, 10.14 and 10.10 10.15 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b9.3(b), 9.7, 10.14, 10.15 and 9.06 10.17 shall survive the payment of the Term Loans.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party the Credit Parties set forth in Sections 2.17(c)2.15, 2.182.16, 2.192.17, 10.0210.2, 10.0310.3, 10.04, 10.4 and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), and 9.06 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 2 contracts

Samples: Twelfth Amendment Agreement (Mogo Finance Technology Inc.), Eighth Amendment Agreement

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.13, 2.182.14, 2.1910.2, 10.0210.3, 10.03, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.162.12, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loan and the termination hereof.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Waitr Holdings Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.13(g), 2.182.14, 2.192.15, 10.0210, 10.0311.2, 10.0411.3, 11.4 and 10.10 11.22 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.15 and 9.06 10.6 shall survive the payment of the Loans, and the termination hereof.

Appears in 2 contracts

Samples: Credit Agreement and Margining Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Owl Rock Technology Income Corp.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionhereof. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.022.20, 10.0311.2, 10.04, 11.3 and 10.10 11.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the reimbursement of any amounts drawn thereunder, and the termination hereof.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Euramax International, Inc.), Credit and Guaranty Agreement (Euramax International, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.03, 10.04, 10.02 and 10.10 10.03 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.06 and 9.06 9.09 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 2 contracts

Samples: Credit Agreement (PVH Corp. /De/), Credit Agreement (PVH Corp. /De/)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.1910.2, 10.0210.3, 10.03, 10.04, 10.4 and 10.10 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loan, and the termination hereof.

Appears in 2 contracts

Samples: Financing Agreement (Federal Signal Corp /De/), Financing Agreement (Federal Signal Corp /De/)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(a) and (b), 2.182.15, 2.1910.2, 10.0210.3 and 10.4, 10.03, 10.04, 10.14 and 10.10 10.15 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b9.3(b), 9.7, 10.14, 10.15 and 9.06 10.17 shall survive the payment of the Term Loans.. 100

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (fuboTV Inc. /FL), Credit and Guaranty Agreement (FaceBank Group, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.1910.2, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.15 and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Nextlink Communications Inc /De/), Credit and Guaranty Agreement (Network Plus Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.13(c), 2.182.14, 2.192.15, 10.0210, 10.0311.2, 10.0411.3, 11.4 and 10.10 11.22 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.15 and 9.06 10.6 shall survive the payment of the Loans, and the termination hereof.

Appears in 2 contracts

Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Apollo Debt Solutions BDC)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)2.14, 2.1810.2, 2.19, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.12, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (U.S. Well Services, Inc.), Intercreditor Agreement (U.S. Well Services, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Handleman Co /Mi/), Credit and Guaranty Agreement (Navisite Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.17, 2.1810.2, 2.19, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 2.17 and 9.06 10.17 shall survive the payment of the LoansTermination Date.

Appears in 2 contracts

Samples: Counterpart Agreement (Isola Group Ltd.), Counterpart Agreement (Isola Group Ltd.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.029.14, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.162.17, 9.03(b9.3(b), 9.7 and 9.06 9.10 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 2 contracts

Samples: Term Loan Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Exopack Holding Corp), Credit and Guaranty Agreement (Exopack Holding Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b2.19(d), 2.21, 9.6 and 9.06 10.6(j) shall survive the payment of the LoansLoans and the termination hereof.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Focal Communications Corp), Credit and Guaranty Agreement (Focal Communications Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination of this Agreement.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Mills Limited Partnership), Credit and Guaranty Agreement (Mills Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Movie Gallery Inc), Second Lien Credit and Guaranty Agreement (Movie Gallery Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)2.13, 2.182.14, 2.1910.2, 10.0210.3, 10.03, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), Section 2.12 and 9.06 Article IX shall survive the payment of the LoansTerm Loans and the termination hereof.

Appears in 2 contracts

Samples: Financing Agreement (Danimer Scientific, Inc.), Financing Agreement (Usa Technologies Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making occurrence of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(cSection 2.14(c), 2.182.15, 2.192.16, 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), ) and 9.06 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 2 contracts

Samples: Governance Agreement (Och-Ziff Capital Management Group LLC), Counterpart Agreement (Och-Ziff Capital Management Group LLC)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0211.2, 10.03, 10.04, 11.3 and 10.10 11.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 10.3(b) and 9.06 10.6 shall survive the payment of the LoansLoans and the termination of this Agreement.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/), Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 2.20(e), 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.06 and 9.06 9.09 shall survive the payment of the Loans.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols SA)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Ambassadors International Inc), Credit and Guaranty Agreement (Ambassadors International Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Gentek Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination of this Agreement.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), Section 2.16 and 9.06 Article IX shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (EVO Transportation & Energy Services, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.11, 2.182.14, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.10, 9.03(b), 9.6 and 9.06 10.18 shall survive the payment of the Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Fedders Corp /De)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination of this Agreement. 10.9.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.1910.2, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.15 and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xo Communications Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Primo Water Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.14, 2.182.15, 2.192.16, 10.0210.2, 10.0310.3, 10.04, 10.4 and 10.10 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Lease Agreement (OneWater Marine Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.13(c), 2.182.14, 2.192.15, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.12, 9.03(b), 9.6 and 9.06 10.18 shall survive the payment of the Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.020, 10.03, 10.04, 0 and 10.10 0 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans, and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 2.20, 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.06 and 9.06 9.09 shall survive the payment of the Loans, and the termination hereof.

Appears in 1 contract

Samples: Counterpart Agreement (RadNet, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(a) and (b), 2.182.16, 2.1910.2, 10.0210.3 and 10.4, 10.03, 10.04, 10.14 and 10.10 10.15 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b9.3(b), 9.7, 10.14, 10.15 and 9.06 10.17 shall survive the payment of the Term Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (AMC Networks Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.13, 2.14(e), 2.18, 2.19, 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.06 and 9.06 9.09 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Grifols SA)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of DIP Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination of this Agreement.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Kv Pharmaceutical Co /De/)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.13, 2.16, 2.18, 2.1910.2, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.12, 9.03(b), 9.6 and 9.06 10.18 shall survive the payment of the Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)2.15, 2.1810.2, 2.19, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans., and the termination hereof. Section 10.8

Appears in 1 contract

Samples: New Residential Investment Corp.

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(a) and (b), 2.182.15, 2.1910.2, 10.0210.3 and 10.4, 10.03, 10.04, 10.14 and 10.10 10.15 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b9.3(b), 9.7, 10.14, 10.15 and 9.06 10.17 shall survive the payment of the Term Loans.. 98

Appears in 1 contract

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

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Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.02, 10.03, 10.04, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), ) and 9.06 shall survive the payment of the Loans, and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Madison Square Garden Co)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.13(c), 2.182.14, 2.192.15, 10.0210.2, 10.0310.3, 10.04, 10.4 and 10.10 10.22 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans., and the termination hereof. 77

Appears in 1 contract

Samples: Credit Agreement (FS Investment Corp II)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b9.3(b), 9.7 and 9.06 10.17 shall survive the payment of the Term Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.0410.3, 10.4, and 10.10 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Lease Agreement (GPB Holdings II, LP)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansRevolving Loans and the termination hereof.

Appears in 1 contract

Samples: Revolving Loan and Guaranty Agreement (Fedders Corp /De)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.0410.3, and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b)9.3, 9.5 and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aeroflex Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 2.14 and 9.06 9.6 shall survive the payment of the Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensioncredit extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.12, 2.1810.2, 2.19, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), and 9.06 Section 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NTL Delaware Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 122 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Alion Science & Technology Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(cSections,2.14, 2.15, 2.19(c), 2.1810.2, 2.1910.3, 10.02, 10.03, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16Section 2.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.

Appears in 1 contract

Samples: Financing Agreement (TherapeuticsMD, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 2.20(e), 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.06 and 9.06 9.09 shall survive the payment of the Loans.. Section 10.09

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Grifols SA)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.16(c), 2.17, 2.18, 2.19, 10.02, 10.03, 10.04, 10.2 and 10.10 10.3 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vonage Holdings Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c‎2.17(c), 2.18‎2.18, 2.19‎2.19, 10.02‎10.02, 10.03‎10.03, 10.04‎10.04, and 10.10 ‎10.10 and the agreements of Lenders set forth in Sections 2.16‎2.16, 9.03(b‎9.03(b), and 9.06 ‎9.06 shall survive the payment of the Loans.

Appears in 1 contract

Samples: Credit Agreement (Orbital Energy Group, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans on the Closing Date. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerms Loans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Griffon Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)Sections, 2.182.14, 2.192.15, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16Section 2.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.

Appears in 1 contract

Samples: Financing Agreement (Fibrogen Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the 107 contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Bz Intermediate Holdings LLC)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.02, 10.03, 10.04, 10.2 and 10.3 and the second sentence of Section 10.10 and the agreements of the Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.

Appears in 1 contract

Samples: Counterpart Agreement (REV Group, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.025.8(e), 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Term Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (California Coastal Communities Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall will survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.0410.3, 10.14, 10.15 and 10.10 10.16 and the agreements of the Lenders set forth in Sections 2.162.17, 9.03(b)9.5, 9.6 and 9.8 will survive the termination of all Term Loan Commitments, and 9.06 shall survive the payment in full of the Loansall other Obligations.

Appears in 1 contract

Samples: Pledge and Security Agreement (Lumentum Holdings Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Loan Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0212.2, 10.03, 10.04, 12.3 and 10.10 12.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.

Appears in 1 contract

Samples: Possession Financing Agreement (Granite Broadcasting Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.17, 2.18, 2.19, 10.02, 10.03, 10.04, 10.2 and 10.10 10.3 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vonage Holdings Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.0310.3, 10.0410.4, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Term Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vertex Energy Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any the Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.15(b), 2.182.16, 2.192.17, 10.029.02, 10.03, 10.04, 9.03 and 10.10 9.04 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b8.03(b), 8.06 and 9.06 8.09 shall survive the payment of the LoansTerm Loans and the termination hereof.

Appears in 1 contract

Samples: Term Loan Agreement (Globe Specialty Metals Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.17, 2.18, 2.19, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Term Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of any or all of the Term Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (J Crew Group Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.13, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Connetics Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making extensions of any Credit Extensioncredit hereunder. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of the Lenders set forth in Sections 2.16, 9.03(b), 2.16 and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nuvox Inc /De/)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c2.14(c), 2.182.15, 2.192.16(e), 10.02, 10.03, 10.04, 10.03 and 10.10 10.04 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.06 and 9.06 9.09 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Grifols SA)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Loan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)Section 3.2, 2.18Section 3.3, 2.19Section 11.2, 10.02, 10.03, 10.04Section 11.3, and 10.10 Section 11.10 and the agreements of the Lenders and the Administrative Agent set forth in Sections 2.16Section 2.13, 9.03(b), Section 10.3 and 9.06 Section 11.2(c) shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit Agreement (MSP Recovery, Inc.)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extensionthe Loans. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.12, 2.182.13, 2.1910.2, 10.02, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.11, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionTerm Loan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansTerm Loans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NewPage CORP)

Survival of Representations, Warranties and Agreements. All representations, warranties, and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c), 2.18, 2.19, 10.02, 10.03, 10.04, and 10.10 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), and 9.06 shall survive the payment of the Loans.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Great Lakes Dredge & Dock CORP)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Party set forth in Sections 2.17(c)2.16, 2.17, 2.18, 2.19, 10.02, 10.03, 10.04, 10.04 and 10.10 and the agreements of Lenders set forth in Sections 2.162.15, 9.03(b), ) and 9.06 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Neogenomics Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (X Rite Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit ExtensionLoan. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c)2.20, 2.1810.2, 2.1910.3, 10.02, 10.03, 10.04, and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b)9.3, 9.5 and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aeroflex Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.15(c), 2.182.16, 2.192.17, 10.0211.2, 10.03, 10.04, 11.3 and 10.10 11.4 and the agreements of Lenders set forth in Sections 2.162.14, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bill Barrett Corp)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.18(c), 2.18, 2.19, 10.022.20, 10.0310.2, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.162.17, 9.03(b)2.20, 9.3, 9.6 and 9.06 9.9 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (J C Penney Co Inc)

Survival of Representations, Warranties and Agreements. All representations, warranties, warranties and agreements made herein shall survive the execution and delivery hereof and the making of any Credit Extension. Notwithstanding anything herein or implied by law to the contrary, the agreements of each Loan Credit Party set forth in Sections 2.17(c2.17(d), 2.18, 2.19, 10.0210.2, 10.03, 10.04, 10.3 and 10.10 10.4 and the agreements of Lenders set forth in Sections 2.16, 9.03(b), 9.3(b) and 9.06 9.6 shall survive the payment of the LoansLoans and the termination hereof.

Appears in 1 contract

Samples: Term Loan Agreement (Source Interlink Companies Inc)

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