Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s rights to act as Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (G&k Services Inc)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Central Nevada, Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s Central Nevada's rights to act as Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Lender, the LC Issuer, the Administrator, Administrator and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or the Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 and any breach by the Borrower or the Servicer pursuant to Sections 8.9, 8.10, 8.23, 8.24, and 8.25 shall be continuing and shall survive any termination of this Agreement and any termination of G&KJarden’s rights to act as the Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Jarden Corp)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s Oxford's rights to act as Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; providedPROVIDED, howeverHOWEVER, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s 's rights to act as Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (G&k Services Inc)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the LenderLenders, the LC IssuerIssuers, the Administrator, Agents and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s Bowater's rights to act as Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Bowater Inc)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Covenant Nevada, Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s Covenant Nevada's rights to act as Master Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; providedPROVIDED, howeverHOWEVER, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s ChoicePoint's rights to act as Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Choicepoint Inc)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Baldor, Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Master Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&KBaldor’s rights to act as Master Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Baldor Electric Co)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; providedPROVIDED, howeverHOWEVER, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s Interface's rights to act as Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Interface Inc)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or either Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s U.S. Xpress' and Global's rights to act as Servicer Servicers hereunder or under any other Transaction Document.
Appears in 1 contract
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Toro, Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s Toro's rights to act as Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Toro Co)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Issuing Lender, the LC IssuerLenders, the Administrator, Administrator and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or the Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 and any breach by the Borrower or the Servicer pursuant to Sections 8.9, 8.10, 8.23, 8.24, and 8.25 shall be continuing and shall survive any termination of this Agreement and any termination of G&KJarden’s rights to act as the Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Jarden Corp)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Lender, the LC Issuer, the Administrator, Administrator and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or the Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&KJarden’s rights to act as the Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Jarden Corp)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the BankLenders, the Lender, the LC Issuer, the Administrator, Agents and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer Collection Agent pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VIVI , Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&KArvinMeritor’s rights to act as Servicer Collection Agent hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Arvinmeritor Inc)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Lender, the LC Issuer, the Administrator, and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&K’s rights to act as Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (G&k Services Inc)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the Bank, the Lender, the LC Issuer, the Administrator, parties hereto and their respective successors and assigns, and the provisions of Article VI and Article XIV XVI shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, howeverprovided that, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIIIXV. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when as all Class A Advances and other Obligations shall have been finally indefeasibly and fully paid and performedperformed and the commitments of all Non-Conduit Lenders to make Class A Advances shall have terminated. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or Servicer pursuant to Article VIII IX and the indemnification and payment provisions of Article XIV VI and Article VI, Sections 15.4, 15.11 XVI and 15.12 Section 17.4 shall be continuing and shall survive any termination of this Agreement and any termination of G&Kany member of the Avolon Group’s rights to act as the Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the BankLenders, the Lender, the LC Issuer, the Administrator, Agents and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by Borrower or Servicer Collection Agent pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 shall be continuing and shall survive any termination of this Agreement and any termination of G&KArvinMeritor’s rights to act as Servicer Collection Agent hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Arvinmeritor Inc)
Binding Effect; Survival. This Agreement shall be binding upon and inure to the benefit of the Borrower, the BankLenders, the Lender, the LC Issuer, the Administrator, Administrator and their respective successors and assigns, and the provisions of Article VI and Article XIV shall inure to the benefit of the Affected Parties and the Indemnified Parties, respectively, and their respective successors and assigns; provided, however, nothing in the foregoing shall be deemed to authorize any assignment not permitted by Article XIII. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Commitment Termination Date, when all Obligations have been finally and fully paid and performed. The rights and remedies with respect to any breach of any representation and warranty made by the Borrower or the Servicer pursuant to Article VIII and the indemnification and payment provisions of Article XIV and Article VI, Sections 15.4, 15.11 and 15.12 and any breach by the Borrower or the Servicer pursuant to Sections 8.9, 8.10, 8.23, 8.24, and 8.25 shall be continuing and shall survive any termination of this Agreement and any termination of G&KJarden’s rights to act as the Servicer hereunder or under any other Transaction Document.
Appears in 1 contract
Sources: Loan Agreement (Jarden Corp)