No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate delivered pursuant to this Agreement shall survive the Merger; provided however that this Section 9.3 shall not limit any covenant or agreement of the parties hereto which by its terms provides for performance after the Effective Time or after termination of this Agreement.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Borland Software Corp), Agreement and Plan of Merger (Sungard Data Systems Inc), Agreement and Plan of Merger (Starbase Corp)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate delivered pursuant to this Agreement shall survive the Merger; provided however provided, however, that this Section 9.3 9.4 shall not limit any covenant or agreement of the parties hereto which by its terms provides for performance after the Effective Time or after termination of this Agreement.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Foster L B Co), Agreement and Plan of Merger (Foster L B Co), Agreement and Plan of Merger (Foster L B Co)
No Survival of Representations and Warranties. None Subject to the following sentence, none of the representations warranties, covenants and warranties other agreements contained in this Agreement or in any certificate instrument delivered pursuant to this Agreement shall survive the Merger; provided however that this . This Section 9.3 shall not limit any covenant or agreement of the parties hereto which by its terms provides for contemplates performance after the Effective Time or after termination of this AgreementTime.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Maxim Integrated Products Inc), Agreement and Plan of Merger (Volterra Semiconductor Corp), Agreement and Plan of Merger (Maxim Integrated Products Inc)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement Agreement, the Company Disclosure Schedule or in any certificate or schedule or other document delivered by any Person pursuant to this Agreement shall survive the Merger; provided however that this . This Section 9.3 shall not limit any covenant or agreement of the parties hereto contained in this Agreement which by its terms provides for contemplates performance after the Effective Time or after termination of this AgreementTime.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Decibel Therapeutics, Inc.), Agreement and Plan of Merger (Checkmate Pharmaceuticals, Inc.), Agreement and Plan of Merger (Constellation Pharmaceuticals Inc)
No Survival of Representations and Warranties. None Except as provided in Section 8.2, none of the representations and warranties contained in this Agreement or in any certificate instrument delivered pursuant to this Agreement shall survive the Merger; provided however that this Mergers. This Section 9.3 9.1 shall not limit any covenant or agreement of the parties hereto which contained in this Agreement or in any document or instrument delivered pursuant to or in connection with this Agreement that by its terms provides for contemplates performance in whole or in part after the Effective Time Time, which shall survive to the extent expressly provided for herein or after termination of this Agreementtherein.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Noble Corp PLC), Agreement and Plan of Merger (Diamond Offshore Drilling, Inc.), Agreement and Plan of Merger (Diamond Offshore Drilling, Inc.)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate delivered pursuant to this Agreement shall survive the Merger; provided however that this . This Section 9.3 shall not limit any covenant or agreement of the parties hereto which by its terms provides for contemplates performance after the Effective Time or after termination of this AgreementTime.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Applied Materials Inc /De), Agreement and Plan of Merger (Applied Materials Inc /De)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate delivered pursuant to this Agreement shall survive the Merger; provided however that this Section 9.3 shall not limit any covenant or agreement of the parties hereto which by its express terms provides for performance after the Effective Time or after termination of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Superior Consultant Holdings Corp), Agreement and Plan of Merger (Affiliated Computer Services Inc)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate or instrument delivered pursuant to this Agreement (other than the Tax Representation Letters) shall survive the Merger; provided however that this . This Section 9.3 shall not limit any covenant or agreement of the parties hereto which by its terms provides for contemplates performance after the Effective Time or after termination of this AgreementTime.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Genomica Corp /De/), Agreement and Plan of Merger and Reorganization (Exelixis Inc)
No Survival of Representations and Warranties. None of the representations and or warranties contained in this Agreement or in any certificate instrument delivered pursuant to this Agreement shall survive the Merger; provided however that this . This Section 9.3 8.1 shall not limit any covenant or agreement of the parties hereto Parties which by its terms provides for contemplates performance or compliance after the Effective Time or after termination of this Agreementotherwise expressly by their terms survive the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (TriVascular Technologies, Inc.), Agreement and Plan of Merger (Endologix Inc /De/)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate instrument delivered pursuant to this Agreement shall survive the Merger; provided however that this . This Section 9.3 9.1 shall not limit any covenant or agreement of the parties hereto which contained in this Agreement or in any document or instrument delivered pursuant to or in connection with this Agreement that by its terms provides for contemplates performance in whole or in part after the Effective Time or after termination of this AgreementTime.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Belk Inc), Agreement and Plan of Merger (Saks Inc)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate delivered pursuant to this Agreement shall survive the Merger; provided however that this . This Section 9.3 8.3 shall not limit any covenant or agreement of the parties hereto which that by its terms provides for contemplates performance after the Effective Time or after termination of this AgreementTime.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Altera Corp), Agreement and Plan of Merger (Intel Corp)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate instrument delivered pursuant to this Agreement shall survive the Merger; provided however that this Mergers. This Section 9.3 9.1 shall not limit any covenant or agreement of the parties hereto which contained in this Agreement or in any document or instrument delivered pursuant to or in connection with this Agreement that by its terms provides for contemplates performance in whole or in part after the Effective Time Time, which shall survive to the extent expressly provided for herein or after termination of this Agreementtherein.
Appears in 1 contract
No Survival of Representations and Warranties. None of the representations representations, warranties, covenants and warranties agreements contained in this Agreement or in any certificate delivered pursuant to this Agreement hereto shall survive the Merger; provided however provided, however, that this Section 9.3 shall not limit any covenant or agreement of the parties hereto which by its terms provides for contemplates performance after the Effective Time or after termination of this Agreementotherwise expressly by its terms survives the Effective Time, which covenants or agreements shall survive until fully performed.
Appears in 1 contract
Samples: Agreement and Plan of Merger (ADESTO TECHNOLOGIES Corp)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate delivered pursuant to this Agreement shall survive the Merger; provided however that this . This Section 9.3 8.3 shall not limit any covenant or agreement of the parties hereto which by its terms provides for contemplates performance after the Effective Time or after termination of this AgreementTime.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Silicon Graphics International Corp)
No Survival of Representations and Warranties. None of the representations and warranties contained and, subject to the following sentence, covenants and agreements, in this Agreement or in any certificate instrument delivered pursuant to this Agreement shall survive the Merger; provided however that this . This Section 9.3 8.1 shall not limit any covenant or agreement of the parties hereto which by its terms provides for contemplates performance after the Effective Time or after termination of Time, including this AgreementArticle 8, Article 2, Section 5.9, Section 7.2 and Section 7.3.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Univar Solutions Inc.)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate or schedule or other document delivered pursuant to this Agreement shall survive the Merger; provided however that this . This Section 9.3 shall not limit Section 8.2 or any covenant or agreement obligation of the parties hereto which by its terms provides for contemplates performance after the Effective Time or after termination of this AgreementTime.
Appears in 1 contract
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate instrument or other document delivered pursuant to this Agreement shall survive the Merger; provided however that Effective Time or the termination of this Agreement. This Section 9.3 9.1 shall not limit the survival of any covenant or agreement of the parties hereto Parties in the Agreement which by its terms provides for contemplates performance after the Effective Time or after termination Time, nor affect the rights and obligations of this any party to any Restructuring Agreement under such Restructuring Agreement.
Appears in 1 contract
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate instrument delivered pursuant to this Agreement shall survive the Merger; provided however that this . This Section 9.3 9.1 shall not limit any covenant or agreement of the parties hereto which contained in this Agreement or in any document or instrument delivered pursuant to or in connection with this Agreement that by its terms provides for contemplates performance in whole or in part after the Effective Time Time, which shall survive to the extent expressly provided for herein or after termination of this Agreementtherein.
Appears in 1 contract
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate delivered pursuant to this Agreement shall survive the Merger; provided however that . Subject to the last sentence of Section 9.8, this Section 9.3 shall not limit any covenant or agreement of the parties hereto which by its terms provides for contemplates performance after the Effective Time or after termination of this AgreementTime.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Synopsys Inc)
No Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any certificate delivered pursuant to this Agreement shall survive the Merger; provided however that this Section 9.3 8.3 shall not limit any covenant or agreement of the parties hereto which by its terms provides for performance after the Effective Time or after termination of this Agreement.
Appears in 1 contract
