No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, will survive the Effective Time, except for (a) those covenants and agreements contained herein that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10.
Appears in 5 contracts
Samples: Merger Agreement (Societal CDMO, Inc.), Merger Agreement (Oyster Point Pharma, Inc.), Merger Agreement (Supernus Pharmaceuticals, Inc.)
No Survival. None of the representations, warranties, covenants and other agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, will shall survive the Effective Time, except for (a) this Article IX and those covenants and agreements contained herein and Section 6.3 that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10Time.
Appears in 4 contracts
Samples: Merger Agreement (Kura Oncology, Inc.), Merger Agreement (Oneida Resources Corp.), Merger Agreement (W. S. Industries, Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, will shall survive the Effective Time, except for (a) those covenants and agreements contained herein that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10IX.
Appears in 2 contracts
Samples: Merger Agreement (Onstream Media CORP), Merger Agreement (Narrowstep Inc)
No Survival. None of the representations, warranties, covenants and agreements contained in this Agreement or in any certificate, instrument or document delivered pursuant to under this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, will shall survive the Effective Time, except for (a) those covenants and agreements contained herein that which by their terms expressly apply or are to be performed in whole or in part contemplate performance after the Effective Time and (b) this Article 10or otherwise expressly survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Castle Brands Inc), Agreement and Plan of Merger (Kindred Healthcare, Inc)
No Survival. None of the representations, warranties, covenants and other agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, will shall survive the Effective Time, except for (a) this ARTICLE X, the representation contained in Section 3.16, which shall survive for one year after the Effective Time and those covenants and agreements contained herein and Section 7.3 that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10Time.
Appears in 2 contracts
Samples: Agreement and Plan of Securities Exchange, Agreement and Plan of Securities Exchange (Minn Shares Inc)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, will Agreement shall survive the Effective Time, except for (a) Section 6.18 and for those other obligations, covenants and agreements contained herein that and therein which by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10Time.
Appears in 2 contracts
Samples: Merger Agreement (Penns Woods Bancorp Inc), Merger Agreement (Northwest Bancshares, Inc.)
No Survival. None of the representations, warranties, covenants and other agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, will shall survive the Effective Time, except for (a) this ARTICLE IX and those covenants and agreements contained herein and Section 6.3 that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10Time.
Appears in 1 contract
Samples: Merger Agreement (Znomics, Inc.)
No Survival. None of the representations, warranties, covenants and other agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, will shall survive the Effective Time, except for (a) those covenants and agreements contained herein and therein that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10VIII.
Appears in 1 contract
