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: Merger Agreement (Borland Software Corp), Merger Agreement (Borland Software Corp), Merger Agreement (Systems & Computer Technology 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: Merger Agreement (Foster L B Co), Merger Agreement (Foster L B Co), Merger Agreement (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: Merger Agreement (Maxim Integrated Products Inc), Merger Agreement (Maxim Integrated Products Inc), Agreement and Plan of Merger (Volterra Semiconductor Corp)
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.), Merger Agreement (Checkmate Pharmaceuticals, Inc.), Merger Agreement (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: Merger Agreement (Noble Corp PLC), Merger Agreement (Diamond Offshore Drilling, Inc.), Merger Agreement (Diamond Offshore Drilling, 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: Merger Agreement (Endologix Inc /De/), Merger Agreement (TriVascular Technologies, 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: Merger Agreement (Genomica Corp /De/), Merger Agreement (Exelixis 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: Merger Agreement (Applied Materials Inc /De), Merger Agreement (Applied Materials 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: Merger Agreement (Belk Inc), Merger Agreement (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 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: Merger Agreement (Superior Consultant Holdings Corp), Merger Agreement (Affiliated Computer Services 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: Merger Agreement (Intel Corp), Merger Agreement (Altera 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 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
Samples: Merger Agreement (Gsi Commerce Inc)
No Survival of Representations and Warranties. None of the representations and warranties contained representations, warranties, covenants or agreements in this Agreement or in any certificate instrument delivered pursuant to this Agreement shall survive the Merger; provided however provided, that 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 in whole or in part after the Effective Time or after termination otherwise expressly by its terms survives the Effective Time (including the provisions of this AgreementSection 3.26, Section 4.16, Section 5.6 and Section 5.10).
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: Merger Agreement (Synopsys Inc)
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
Samples: Merger Agreement (Era Group Inc.)
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
Samples: Merger Agreement (Dril-Quip Inc)
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 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: Merger Agreement (Silicon Graphics International Corp)
No Survival of Representations and Warranties. None of the representations and warranties contained representations, warranties, covenants or agreements in this Agreement or in any certificate instrument delivered pursuant to this Agreement shall survive the Merger; provided however provided, that 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 in whole or in part after the Effective Time or after termination otherwise expressly by its terms survives the Effective Time (including the provisions of this AgreementSection 3.28, Section 4.17, Section 5.6 and Section 5.10).
Appears in 1 contract
No Survival of Representations and Warranties. None of the representations and warranties contained representations, warranties, covenants or agreements in this Agreement or in any certificate instrument delivered pursuant to this Agreement shall survive the Merger; provided however provided, that 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 in whole or in part after the Effective Time or after termination otherwise expressly by its terms survives the Effective Time (including the provisions of this AgreementSection 3.26, Section 4.18, Section 5.6 and Section 5.10).
Appears in 1 contract
Samples: Merger Agreement (Keypath Education International, Inc.)
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 (other than the Limited Guarantee) shall survive the Merger; provided however that this consummation of the Acquisition Transactions. This Section 9.3 8.1 shall not limit any covenant or agreement of the parties hereto which by its terms provides for requires performance after the Effective Time or after termination of this AgreementTime.
Appears in 1 contract
Samples: Merger Agreement (RCN Corp /De/)
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
Samples: Merger Agreement (Genoptix Inc)
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
