Common use of Survival and Repetition of Representations and Warranties Clause in Contracts

Survival and Repetition of Representations and Warranties. The representations and warranties made in Section 6.1 of this Agreement or any other Loan Document will survive the execution of this Agreement and the other Loan Documents until the payment in full of all Obligations and will be deemed repeated as of the date of each Compliance Certificate delivered pursuant to Section 9.2.1(iii) of this Agreement, as of the date of each Milestone Certificate delivered pursuant to Section 3.3.2 of this Agreement, and as of the date of each Advance. The Borrower acknowledges that the Lender has relied upon all representations and warranties in the making of the Advances and establishing the Loan Facility. In connection with the repetition of such representations and warranties, the Borrower shall be required to update the disclosure contained in Schedules 6.1.8, 6.1.10, 6.1.16, 6.1.17, 6.1.18, 6.1.20, 6.1.23, 6.1.24, 6.1.34 and 6.1.37 (which it shall do with each Compliance Certificate that is delivered to the Lender) necessary to correct any information in such Schedule or representation which has been rendered inaccurate thereby (and, in the case of any supplements to any Schedule, such Schedule shall be appropriately marked to show the changes made therein); provided that (i) no such supplement to any of the Schedules shall amend, supplement or otherwise modify such Schedule or corresponding representation, or be or be deemed a waiver of any Default or Event of Default resulting from the matters disclosed therein, except as consented to by the Lender in writing, and (ii) no supplement shall be required or permitted as to representations and warranties that relate solely to the Closing Date.