Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.
Appears in 2 contracts
Sources: Underwriting Agreement (Rac Financial Group Inc), Underwriting Agreement (Rac Financial Group Inc)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 2 contracts
Sources: Purchase Agreement (Covad Communications Group Inc), Purchase Agreement (Covad Communications Group Inc)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and any payment for the Shares Securities to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d11(c) hereof shall survive the termination of this Agreement, Agreement including termination pursuant to Section 9 or 11 hereof.
Appears in 2 contracts
Sources: Purchase Agreement (Kerzner International LTD), Purchase Agreement (Kerzner International Employment Services LTD)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the UnderwritersInitial Purchaser, the Company and the Selling Securityholders Guarantors contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or the Initial Purchaser, any controlling person thereof thereof, or by or on behalf of the Company, any of its officers and directors the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Shares Initial Notes to and by the UnderwritersInitial Purchaser. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 2 contracts
Sources: Purchase Agreement (Haights Cross Communications Inc), Purchase Agreement (Ziff Davis Holdings Inc)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchaser and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or the Initial Purchaser, any controlling person thereof thereof, or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Initial Notes to and by the UnderwritersInitial Purchaser. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 2 contracts
Sources: Purchase Agreement (Innophos Investment Holdings, Inc.), Purchase Agreement (Innophos, Inc.)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, the Company Initial Purchasers and the Selling Securityholders Issuers contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or Initial Purchaser, any controlling person thereof thereof, or by or on behalf of the Company, any of its officers and directors Issuers or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 2 contracts
Sources: Purchase Agreement (Waterford Gaming Finance Corp), Purchase Agreement (Waterford Gaming LLC)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or either of the Initial Purchasers, any controlling person thereof thereof, or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Units to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 2 contracts
Sources: Purchase Agreement (Orbital Imaging Corp), Purchase Agreement (Orbital Imaging Corp)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 12(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the Company, any of its officers and directors subsidiaries or any controlling person thereof, and shall survive delivery of and payment for the Shares Senior Discount Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d12(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof12.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, the Company Initial Purchaser and the Selling Securityholders Cinemark contained in this Agreement, including without limitation, the agreements contained in Section 5Sections 11(d) and 13, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or the Initial Purchaser, any controlling person thereof or by or on behalf of the Company, any of its officers and directors Cinemark or any controlling person thereof, and shall survive delivery of and payment for the Shares Series C Notes to and by the UnderwritersInitial Purchaser. The representations contained in Section 1 5 and the agreements contained in Sections 56, 7, 8 7 and 11(d) hereof and 12 shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Senior Subordinated Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Sources: Senior Subordinated Note Purchase Agreement (Intermedia Communications Inc)
Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Underwriters, the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the acknowledgement contained in Section 59, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the Company, any of its officers and directors Issuer or any controlling person thereof, and shall survive delivery of and payment for the Shares Original Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 and the agreements contained in Sections 54(f), 6, 7, 8 9 and 11(d) hereof shall survive the termination of this Agreement, including a termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Sources: Purchase Agreement (Entravision Communications Corp)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 3(e) and 10(d), the indemnity agreements contained in Section 7 5 and the contribution agreements contained in Section 8, 6 shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchaser or any controlling person thereof or by or on behalf of the Company, any of its officers and directors the Subsidiary Guarantors or any controlling person of any thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchaser. The representations contained in Section 1 4 and the agreements contained in Sections 3(e), 5, 76, 8 10(d) and 11(d) hereof 13 shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereofSections 7 and 10.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(e) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 8, 7 shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Purchaser or any controlling person thereof or by or on behalf of the CompanyIssuers, any of its officers and directors the Subsidiary Guarantors or any controlling person of any thereof, and shall survive delivery of and payment for the Shares Series A First Mortgage Notes to and by the UnderwritersPurchaser. The representations contained in Section 1 5 and the agreements contained in Sections 54(e), 6, 7, 8 and 11(d) hereof and 14 shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 512(d), the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or the Initial Purchasers, any controlling person thereof thereof, or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 6 and the agreements contained in Sections 5, 7, 8 and 11(d12(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof12.
Appears in 1 contract
Sources: Purchase Agreement (Scottish Annuity & Life Holdings LTD)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, the Company Initial Purchasers and the Selling Securityholders Issuers contained in this Agreement, including the agreements contained in Section 54, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter Initial Purchaser or any controlling person thereof or by or on behalf of the CompanyIssuers, any of its their officers and directors or any controlling person thereof, and shall survive delivery of and any payment for the Shares Notes to and by the Underwritersseveral Initial Purchasers. The representations contained in Section 1 and the agreements contained in Sections 54, 7, 8 6 and 11(d) 7 hereof shall survive the termination of this Agreement, Agreement including termination pursuant to Section 9 or 11 10 hereof.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter Initial Purchasers or any agent, representative or controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchaser and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchaser or any controlling person thereof or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Series A Notes to and by the UnderwritersInitial Purchaser. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Sources: Purchase Agreement (Covad Communications Group Inc)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the UnderwritersInitial Purchaser, the Company and the Selling Securityholders Guarantor contained in this Agreement, including the agreements contained in Section 56, the indemnity agreements contained in Section 7 8 and the contribution agreements contained in Section 89, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchaser or any controlling person thereof or by or on behalf of the Company, any of its officers and directors managers or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchaser. The representations contained in Section 1 Sections 2 and 3(C) and the agreements contained in Sections 56, 78, 8 9 and 11(d12(C) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 10 or 11 12 hereof.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Units to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 3(f) and 10(d), the indemnity agreements contained in Section 7 5 and the contribution agreements contained in Section 8, 6 shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the CompanyIssuer, any of its officers and directors the Subsidiary Guarantors or any controlling person of any thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 4 and the agreements contained in Sections 3(f), 5, 76, 8 9, 10(d), 13, 14 and 11(d) hereof 15 shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereofSections 7 and 10.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchaser and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchaser or any controlling person thereof or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Series C Notes to and by the UnderwritersInitial Purchaser. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the UnderwritersInitial Purchasers, the Company and the Selling Securityholders Guarantor contained in this Agreement, including the agreements contained in Section 56, the indemnity agreements contained in Section 7 8 and the contribution agreements contained in Section 89, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the Company, any of its officers and directors managers or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 Sections 2 and 3(c) and the agreements contained in Sections 56, 78, 8 9 and 11(d12(c) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 10 or 11 12 hereof.
Appears in 1 contract
Sources: Purchase Agreement (Casino Magic of Louisiana Corp)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter Initial Purchasers or any agent, representative or controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d11(c) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 3(g) and 10(d), the indemnity agreements contained in Section 7 5 and the contribution agreements contained in Section 8, 6 shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the Company, any of its officers and directors the Guarantors or any controlling person of any thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 4 and the agreements contained in Sections 3(g), 5, 76, 8 10(d) and 11(d) hereof 13 shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereofSections 7 and 10.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or either of the Initial Purchasers, any controlling person thereof thereof, or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or the Initial Purchasers any controlling person thereof or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Units to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or the Initial Purchasers any controlling person thereof or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Senior Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Sources: Note Purchase Agreement (Intermedia Communications Inc)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(f) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers or any controlling person thereof or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Senior Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 5 and the agreements contained in Sections 54(f), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.
Appears in 1 contract
Sources: Senior Note Purchase Agreement (Intermedia Communications Inc)
Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters, Initial Purchasers and the Company and the Selling Securityholders contained in this Agreement, including the agreements contained in Section 5Sections 4(g) and 12(d), the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or the Initial Purchasers, any controlling person thereof thereof, or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the UnderwritersInitial Purchasers. The representations contained in Section 1 Sections 5 and 6 and the agreements contained in Sections 54(g), 7, 8 and 11(d12(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof12.
Appears in 1 contract