Common use of Survival of Warranties and Certain Agreements Clause in Contracts

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, the execution and delivery of the Notes and the issuance of the Letters of Credit.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in Sections 1.3(e), 1.8, 1.9 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, hereunder and the execution and delivery of the Notes and the issuance of the Letters of CreditNotes.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, Agreement and the making of the Loans hereunder, the execution and delivery of the Notes and the issuance issuances of the Letters of CreditCredit hereunder.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrowers set forth in Sections 1.3(e), 1.10, 1.11 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrowers set forth in Sections 1.3(g), 1.9, 1.10, 1.11, 2.5 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, Agreement and the making of the Loans hereunder, the execution and delivery of the Notes and the issuance of the Letters of Credit.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrowers set forth in Sections 1.3(g), 1.10, 1.11 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in Sections 2.8, 2.9 and 10.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Lender Guarantees and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in subsections 1.3(B) and 9.1 shall survive the payment of the Loans and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrowers set forth in Sections 1.3(g), 1.11, 1.12 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrowers set forth in Sections 1.3(e), 1.8, 1.9 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Term Loans hereunder, and the execution and delivery of the Notes until Payment in Full of the Obligations. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in subsections 1.3(B), 1.8 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, the issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in Subsections 1.4(D), 1.11, 1.13, 1.14, 9.1, 9.14 and 9.15 shall survive the payment of the Loans, the payment of the Letter of Credit Liabilities and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, and the making of the Revolving Credit Loans hereunder, the execution and delivery of the Notes and the issuance of the Letters of CreditCredit hereunder.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in subsections 1.3(E), 1.8, 1.9 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrowers set forth in Sections 1.3(f), 1.8, 1.9 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in subsections 1.3(D), 1.8, 1.9 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, indemnities, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, Loan hereunder and the execution and delivery of the Notes and the issuance of the Letters of CreditNote.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, hereunder and the execution and delivery of the Notes and the issuance of the Letters of CreditNotes.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, Effective Date hereunder and the execution and delivery of the Notes and the issuance of the Letters of CreditNotes.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in Sections 1.8, 1.9 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, hereunder and the execution and delivery of the Notes and the issuance of the Letters of CreditNotes.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in Sections 1.3(e), 1.11, 1.12, and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Lender Letters of Credit and Risk Participation Agreements and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in subsections 1.3(C), 1.8 and 9.1 shall survive the payment of the Loans and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, Agreement and the making of the Loans hereunder, the execution and delivery of the Notes and the issuance of the Letters of CreditLoans.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in Sections 1.3(g), 1.10, 1.11 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, Agreement and the making of the Loans hereunder, the execution and delivery of the Notes and the issuance issuances of the Letters of CreditCredit hereunder.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, the execution and delivery of the Notes hereunder and the issuance of the Letters of CreditCredit (it being understood that no representation or warranty shall be deemed to have been made on or as of any date other than dates referred to in subsections 3.1D, 3.2B or 3.3C).

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrowers set forth in Sections 1.4(g), 1.11, 1.12 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. (i) All covenants, agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, Advances hereunder and the execution and delivery of the Notes and the issuance of the Letters of CreditNote.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in Sections 1.3(f), 1.8, 1.9 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, Agreement and the making of the Term Loans hereunder, the execution and delivery of the Notes and the issuance of the Letters of Credit.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, the issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in Subsections 1.4(D), 1.11, 1.12, 1.13, 9.1, 9.11 and 9.12 shall survive the payment of the Loans, the payment of the Letter of Credit Liabilities and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrowers set forth in Sections 1.3(e), 1.12, 1.13 and 9.1 (including with respect to assignees and participants to the extent provided in Section 8.1) shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, and the conversion of Loans on the Restatement Effective Date and the making of the Loans hereunder, the execution and delivery of the Notes and the issuance of the Letters of Credit.

Survival of Warranties and Certain Agreements. A. 11.6.1. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, Agreement and the execution and delivery of the Notes, and shall continue until the repayment of the Notes and the issuance Loan Obligations in full; provided, that, if all or any part of such payment is set aside, the Letters of Creditrepresentations and warranties contained herein shall continue as if no such payment had been made.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrowers set forth in Sections 1.3(f), 1.9, 1.10, 1.11, 2.5 and 9.1 shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement. 9.17.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Letters of Credit and the execution and delivery of the Notes and shall continue in full force and effect as long as the issuance Obligations are outstanding and so long as the Commitments have not been terminated. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower set forth in Sections 1.3(g), 1.10, 1.11 and 9.1 shall survive the repayment of the Letters Obligations and the termination of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, and the making of the Loans hereunder, the execution and delivery of the Notes and the issuance of the Letters of Credit.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, and the execution and delivery of the Notes Notes, if any. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrower for indemnification shall survive the repayment of the Obligations and the issuance termination of the Letters of Creditthis Agreement.

Survival of Warranties and Certain Agreements. A. (a) All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans Advances hereunder, the execution and delivery of the Notes and the issuance of the Letters of Credit.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made or deemed made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, any Convertible Term Loan hereunder and the execution and delivery of the Notes and the issuance of the Letters of Creditany Convertible Term Note.

Survival of Warranties and Certain Agreements. A. All agreements, --------------------------------------------- representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunderLoans, issuances of Lender Letters of Credit and Risk Participation Agreements and the execution and delivery of the Notes Notes. Notwithstanding anything in this Agreement or implied by law to the contrary, the agreements of Borrowers set forth in subsections 1.3(C), 1.8, 1.9, 9.1 and 9.19 shall survive the issuance payment of the Letters of CreditLoans.

Survival of Warranties and Certain Agreements. A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, the issuances of the Letters of Credit and the execution and delivery of the Notes and the issuance of the Letters of CreditNotes.