No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 43 contracts
Samples: Merger Agreement (Sunoco LP), Merger Agreement (NuStar Energy L.P.), Merger Agreement (Sunoco LP)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerMergers, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 9 contracts
Samples: Merger Agreement (Latch, Inc.), Merger Agreement (Crestwood Equity Partners LP), Merger Agreement (Crestwood Equity Partners LP)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for other than those covenants and agreements contained herein and therein which contemplate performance after the Effective Time or otherwise expressly by their terms survive apply in whole or in part after the Effective Time.
Appears in 8 contracts
Samples: Merger Agreement (LCNB Corp), Merger Agreement (LCNB Corp), Merger Agreement (Peoples Bancorp Inc)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Insite Vision Inc), Merger Agreement (Insite Vision Inc), Agreement and Plan of Merger (QLT Inc/Bc)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which that contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 5 contracts
Samples: Merger Agreement (Cambium Learning Group, Inc.), Merger Agreement (Valspar Corp), Merger Agreement (Sherwin Williams Co)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or which otherwise expressly by their terms survive termination of this Agreement or the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Ii-Vi Inc), Merger Agreement (Coherent Inc), Agreement and Plan of Merger (Lumentum Holdings Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive termination of this Agreement or the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (PNK Entertainment, Inc.), Merger Agreement (Pinnacle Entertainment Inc.), Merger Agreement (Gaming & Leisure Properties, Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerMergers, except for covenants and agreements which that contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Synnex Corp), Merger Agreement (Synnex Corp), Merger Agreement (Convergys Corp)
No Survival. None of the representations, warranties, covenants and or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for other than those covenants and or agreements of the parties which contemplate performance after the Effective Time or otherwise expressly by their terms survive apply, or are to be performed in whole or in part, after the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Peak Bio, Inc.), Merger Agreement (Akari Therapeutics PLC), Merger Agreement (Adaptimmune Therapeutics PLC)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which that contemplate performance after the Effective Time or otherwise expressly by their the terms hereof survive the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Inrad Optics, Inc.), Merger Agreement (Arotech Corp), Merger Agreement (Tower International, Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which that contemplate performance after the Effective Time or otherwise expressly by their terms survive termination of this Agreement or the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (CAESARS ENTERTAINMENT Corp), Merger Agreement (Eldorado Resorts, Inc.)
No Survival. None of the representations, warranties, covenants and or agreements contained in this Agreement or in any certificate, document or instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (McEwen Mining Inc.), Merger Agreement (Timberline Resources Corp)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for the covenants and agreements of Parent in Section 5.10(d) and covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Freeport McMoran Copper & Gold Inc), Merger Agreement (Plains Exploration & Production Co)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for for: (a) the covenants and agreements of the Parties in Section 5.3(b), Section 7.2, Section 7.3 and this Article VIII; (b) the covenants and agreements of Parent in Section 5.10; and (c) any covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Atwood Oceanics Inc), Merger Agreement (Ensco PLC)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for those covenants and agreements contained herein or therein which contemplate performance after the Effective Time or otherwise expressly by their terms survive apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Cic Acquisition Sub Inc), Merger Agreement (Conso International Corp)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerMergers, except for covenants and agreements which contemplate performance after the LinnCo Effective Time or otherwise expressly by their terms survive the LinnCo Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Berry Petroleum Co), Merger Agreement
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for the second to last sentence of Section 8.3(e) and covenants and agreements which contemplate performance after the Effective Time or otherwise survive the Effective Time expressly by their terms survive the Effective Timeterms.
Appears in 2 contracts
Samples: Merger Agreement (ChampionX Corp), Merger Agreement (Schlumberger Limited/Nv)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective TimeTime (including, for the avoidance of doubt, Section 6.9 (Indemnification and Insurance)).
Appears in 2 contracts
Samples: Merger Agreement (Kellanova), Merger Agreement (Heska Corp)
No Survival. None of the representations, warranties, covenants covenants, obligations and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants covenants, obligations and other agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Conversant, Inc.), Merger Agreement (Alliance Data Systems Corp)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the First Merger, except for covenants and agreements which contemplate performance after the Effective Time or which otherwise expressly by their terms survive termination of this Agreement or the Effective Time.
Appears in 1 contract
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for for: (a) the covenants and agreements of the Parties in Section 7.2 and this Article VIII; (b) the covenants and agreements of Parent in Section 5.9; and (c) any covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 1 contract
Samples: Merger Agreement (Noble Corp)
No Survival. None of the representations, warranties, covenants representations and agreements warranties contained in this Agreement or in any instrument certificate delivered pursuant to Section 6.4 or 7.4 shall survive the Merger. No covenant or agreement contained in this Agreement shall survive the Merger except to the extent any such covenant or agreement by its terms contemplates performance following the Merger, except for covenants and agreements in which contemplate performance after the Effective Time case such covenant or otherwise expressly by their terms agreement shall survive the Effective Timeuntil fully performed in accordance with its terms.
Appears in 1 contract
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time. The Confidentiality Agreement will (a) survive termination of this Agreement in accordance with its terms, and (b) terminate as of the Effective Time.
Appears in 1 contract
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerAcquisition, except for covenants and agreements which that contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 1 contract
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the MergerEffective Time, except for covenants and agreements which by their terms contemplate performance after the Effective Time or otherwise expressly by their terms survive termination of this Agreement or the Effective Time.
Appears in 1 contract
No Survival. None of the representations, warranties, agreements, covenants and agreements or obligations in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the consummation of the Merger, except as expressly provided in this Agreement and except for those covenants and agreements which contemplate performance after the Effective Time or otherwise expressly contained herein that by their terms survive apply or are to be performed in whole or in part after the Merger Effective Time.
Appears in 1 contract
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective TimeTime (including, for the avoidance of doubt, Section 6.9 (Indemnification and Insurance) and Section 6.12(c) (Financing Cooperation)).
Appears in 1 contract
Samples: Merger Agreement (Vca Inc)
