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
Sources: 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 9.03 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which Parties which, by its terms terms, contemplates performance after the Expiration DateEffective Time.
Appears in 5 contracts
Sources: Agreement and Plan of Merger (Avalon GloboCare Corp.), Agreement and Plan of Merger (Avalon GloboCare Corp.), Merger Agreement (Vivakor, 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 DateEffective Time.
Appears in 4 contracts
Sources: Merger Agreement (Boulder Brands, Inc.), Merger Agreement (Pinnacle Foods Inc.), Merger Agreement (Annie's, 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
Sources: 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 which, by its terms terms, contemplates performance after the Expiration DateEffective Time.
Appears in 4 contracts
Sources: Merger Agreement (Qumu Corp), Merger Agreement (Dover Motorsports Inc), Merger Agreement (Papa Murphy's Holdings, Inc.)
No Survival. None of the representations The representations, warranties and warranties agreements made in this Agreement shall not survive beyond the Effective Time or in any instrument delivered pursuant to the termination of this Agreement shall survive in accordance with Article 7 hereof. Notwithstanding the Expiration Date. This foregoing, this Section 8.3 8.2 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 the termination of this Agreement as the case may be. For the avoidance of doubt, the agreements set forth in Article 2, Section 5.7 and Article 8 shall survive the Effective Time and those set forth in the last sentence of Section 5.4, Section 7.5 and this Section 8.2 shall survive termination of this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Infousa Inc), Merger Agreement (Guideline, 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
Sources: 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
Sources: 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
Sources: 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
Sources: Merger Agreement (Reis, Inc.)