No Survival. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration Date. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance after the Expiration Date.
Appears in 6 contracts
Samples: Merger Agreement (Hyperion Therapeutics Inc), Merger Agreement (Horizon Pharma PLC), Merger Agreement (Hyperion Therapeutics Inc)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered pursuant to under this Agreement shall survive the Expiration DateEffective Time. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in to this Agreement which which, by its terms terms, contemplates performance after the Expiration DateEffective Time.
Appears in 4 contracts
Samples: Merger Agreement (Qumu Corp), Merger Agreement (Dover Motorsports Inc), Merger Agreement (Papa Murphy's Holdings, Inc.)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered pursuant to under this Agreement shall survive the Expiration DateEffective Time. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in to this Agreement which which, by its terms terms, contemplates performance after the Expiration DateEffective Time, which, in each case, shall survive in accordance with its terms and conditions.
Appears in 4 contracts
Samples: Merger Agreement (Mitel Networks Corp), Merger Agreement (ShoreTel Inc), Merger Agreement (Air Methods Corp)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered pursuant to under this Agreement shall survive the Expiration DateEffective Time. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in to this Agreement which that, by its terms terms, contemplates performance after the Expiration DateEffective Time.
Appears in 4 contracts
Samples: Merger Agreement (Boulder Brands, Inc.), Merger Agreement (Pinnacle Foods Inc.), Merger Agreement (Annie's, Inc.)
No Survival. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration Dateearlier of the Closing or the termination of this Agreement. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance after the Expiration Dateearlier of the Closing or the termination of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Bazaarvoice Inc), Merger Agreement (SolarWinds, Inc.), Merger Agreement (SolarWinds, Inc.)
No Survival. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration DateEffective Time. This Section 8.3 7.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance after the Expiration DateEffective Time.
Appears in 2 contracts
Samples: Merger Agreement (Rosetta Genomics Ltd.), Merger Agreement (Rosetta Genomics Ltd.)
No Survival. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration DateEffective Time. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement Agreement, which by its terms terms, contemplates performance after the Expiration DateEffective Time.
Appears in 2 contracts
Samples: Merger Agreement (Procera Networks, Inc.), Merger Agreement (Procera Networks, Inc.)
No Survival. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration DateEffective Time or valid termination of this Agreement. This Section 8.3 9.01 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance after the Expiration DateEffective Time or, if earlier, the termination of this Agreement in accordance with the terms hereof or any claim for Fraud.
Appears in 1 contract
Samples: Merger Agreement (Cyalume Technologies Holdings, Inc.)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered pursuant to under this Agreement shall survive the Expiration DateEffective Time. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in to this Agreement which that, by its terms terms, contemplates performance after the Expiration DateAcceptance Time.
Appears in 1 contract
Samples: Merger Agreement (Reis, Inc.)
