No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement shall survive the Effective Time. This Section 8.3 shall not limit any covenant or agreement of the parties to this Agreement that, by its terms, contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Boulder Brands, Inc.), Agreement and Plan of Merger (Pinnacle Foods Inc.), Agreement and Plan of Merger (Annie's, Inc.)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement shall survive the Effective Time. This Section 8.3 shall not limit any covenant or agreement of the parties to this Agreement thatwhich, by its terms, contemplates performance after the Effective Time, which, in each case, shall survive in accordance with its terms and conditions.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mitel Networks Corp), Agreement and Plan of Merger (ShoreTel Inc), Agreement and Plan of Merger (Air Methods Corp)
No Survival. None of the representations and or warranties contained in this Agreement or in any instrument delivered under this Agreement shall survive the Effective Time. This Section 8.3 9.1 shall not limit any covenant covenants and agreements which by their terms survive the Effective Time or agreement of the parties to this Agreement that, by its terms, contemplates contemplate performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Xplore Technologies Corp), Agreement and Plan of Merger (Shire PLC), Agreement and Plan of Merger (Baxalta Inc)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement shall survive the Effective Time. This Section 8.3 shall not limit any covenant or agreement of the parties to this Agreement thatwhich, by its terms, contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Qumu Corp), Agreement and Plan of Merger (Dover Motorsports Inc), Agreement and Plan of Merger (Papa Murphy's Holdings, Inc.)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement shall survive the Effective Time. This Section 8.3 9.03 shall not limit any covenant or agreement of the parties to this Agreement thatParties which, by its terms, contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Vivakor, Inc.), Agreement and Plan of Merger (Bruush Oral Care Inc.), Agreement and Plan of Merger (Bruush Oral Care Inc.)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement (other than the Limited Guarantee) shall survive the Effective Time. This Section 8.3 shall not limit any covenant or agreement of the parties to this Agreement thatwhich, by its terms, contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Emdeon Inc.), Agreement and Plan of Merger (Warner Music Group Corp.)
No Survival. None of the representations and or warranties contained in this Agreement or in any document or instrument delivered under pursuant to or in connection with this Agreement shall survive the Effective Time. This Section 8.3 9.1 shall not limit any covenant or agreement of the parties to contained in this Agreement that, or in any document or instrument delivered pursuant to or in connection with this Agreement that by its terms, contemplates performance terms applies in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hospira Inc), Agreement and Plan of Merger (Pfizer Inc)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement shall will survive the Effective Time. This Section 8.3 shall 8.1 does not limit any covenant or agreement of the parties to this Agreement thatwhich, by its terms, contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Resource Capital Fund v L.P.), Agreement and Plan of Merger (Uranium Resources Inc /De/)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement shall survive the Effective Time. This Section 8.3 9.3 shall not limit any covenant or agreement of the parties to this Agreement thatwhich, by its terms, contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Frozen Food Express Industries Inc), Agreement and Plan of Merger (Great Wolf Resorts, Inc.)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement (other than the Guarantee) shall survive the Effective Time. This Section 8.3 9.3 shall not limit any covenant or agreement of the parties to this Agreement thatwhich, by its terms, contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (LD Commodities Sugar Holdings LLC), Agreement and Plan of Merger (Imperial Sugar Co /New/)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement shall survive the Effective Time. This Section 8.3 shall not limit any covenant or agreement of the parties to this Agreement thatParties which, by its terms, contemplates performance after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (MAGNACHIP SEMICONDUCTOR Corp)
No Survival. None of the representations representations, warranties, covenants and warranties contained agreements in this Agreement or in any instrument delivered under pursuant to this Agreement shall survive the Effective Time. This Section 8.3 shall not limit any covenant or agreement of the parties to this Agreement that, by its terms, contemplates except for covenants and agreements that contemplate performance after the Effective TimeTime or otherwise expressly by their terms survive the Effective Time (including, without limitation, Section 5.5, Section 5.9 and this Article VIII).
Appears in 1 contract
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement shall survive the Effective Time. This Section 8.3 8.4 shall not limit any covenant or agreement of the parties to this Agreement thatwhich, by its terms, contemplates performance after the Effective Time.
Appears in 1 contract
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered under this Agreement shall survive the Effective Time. This Section 8.3 shall not limit any covenant or agreement of the parties to this Agreement thatwhich, by its terms, ,contemplates performance after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger
