Non-Survival; Effect of Representations and Warranties. (a) All representations, warranties and agreements in this Agreement shall not survive the Merger, except as otherwise provided in this Agreement and except for the agreements contained in this Section 10.1, in Articles I and II and in Sections 7.5, 7.11, 10.7, 10.8 and 10.9. (b) No party may assert a claim for breach of any representation or warranty contained in this Agreement (whether by direct claim or counterclaim) except in connection with the cancellation of this Agreement pursuant to Section 9.1(f)(i) or Section 9.1(g)(i) (or pursuant to any other subsection of Section 9.1, if the terminating party would have been entitled to terminate this Agreement pursuant to Section 9.1(f)(i) or Section 9.1(g)(i)).
Appears in 3 contracts
Samples: Merger Agreement (CTG Resources Inc), Merger Agreement (Energy East Corp), Merger Agreement (Energy East Corp)
Non-Survival; Effect of Representations and Warranties. (a) All representations, warranties and agreements in this Agreement shall not survive the Merger, except as otherwise provided in this Agreement and except for the agreements contained in this Section 10.1, in Articles I and II 10.1 and in Sections Article II, Section 7.5, Section 7.8, Section 7.9, Section 7.10, Section 7.11, 10.7Section 7.12, Section 7.13, Section 7.14, Section 10.8 and Section 10.9.
(b) No party may assert a claim for breach of any representation or warranty contained in this Agreement (whether by direct claim or counterclaim) except in connection with the cancellation of this Agreement pursuant to Section 9.1(f)(i) or Section 9.1(g)(i) (or pursuant to any other subsection of Section 9.1, 9.l if the terminating party would have been entitled to terminate this Agreement pursuant to Section 9.1(f)(i) or Section 9.1(g)(i)).
Appears in 3 contracts
Samples: Merger Agreement (United Water Resources Inc), Merger Agreement (United Water Resources Inc), Merger Agreement (Lyonnaise American Holding Inc Et Al)
Non-Survival; Effect of Representations and Warranties. (a) All representations, warranties and agreements in this Agreement shall not survive the Merger, except as otherwise provided in this Agreement and except for the agreements contained in this Section 10.1, in Articles I and II and in Sections 7.5, 7.11, 10.7, 10.8 10.8, 10.9 and 10.910.10.
(b) No party may assert a claim for breach of any representation or warranty contained in this Agreement (whether by direct claim or counterclaim) except in connection with the cancellation of this Agreement pursuant to Section 9.1(f)(i) or Section 9.1(g)(i) (or pursuant to any other subsection of Section 9.1, if the terminating party would have been entitled to terminate this Agreement pursuant to Section 9.1(f)(i) or Section 9.1(g)(i)).
Appears in 2 contracts
Samples: Merger Agreement (Energy East Corp), Merger Agreement (Berkshire Energy Resources)
Non-Survival; Effect of Representations and Warranties. (a) All representations, warranties and agreements in this Agreement shall not survive the Merger, except as otherwise provided in this Agreement and except for the agreements contained in this Section 10.1, in Articles I and II and in Sections 7.5, 7.11, 7.16, 10.7, 10.8 and 10.9.
(b) No party may assert a claim for breach of any representation or warranty contained in this Agreement (whether by direct claim or counterclaim) except in connection with the cancellation of this Agreement pursuant to Section 9.1(f)(i9.1(g)(i) or Section 9.1(g)(i9.1(h)(i) (or pursuant to any other subsection of Section 9.1, if the terminating party would have been entitled to terminate this Agreement pursuant to Section 9.1(f)(i9.1(g)(i) or Section 9.1(g)(i9.1(h)(i)).
Appears in 2 contracts
Samples: Merger Agreement (Energy East Corp), Merger Agreement (RGS Energy Group Inc)
Non-Survival; Effect of Representations and Warranties. (a) All representations, warranties and agreements in this Agreement shall not survive the Merger, except as otherwise provided in this Agreement and except for the agreements contained in this Section 10.1, in Articles I and II 10.1 and in Sections Article II, Section 6.1(n), Section 7.5, Section 7.9, Section 7.10, Section 7.11, Section 7.13, Section 7.14, Section 7.15, Section 7.16, Section 7.17 and Section 10.7, 10.8 and 10.9.
(b) No party may assert a claim for breach inaccuracy of any representation or warranty contained in this Agreement (whether by direct claim or counterclaim) except in connection with the cancellation termination of this Agreement pursuant to Section 9.1(f)(i9.1(g)(i) or Section 9.1(g)(i9.1(h)(i) (or pursuant to any other subsection of Section 9.1, if the terminating party would have been entitled to terminate this Agreement pursuant to Section 9.1(f)(i9.1(g)(i) or Section 9.1(g)(i9.1(h)(i)).
Appears in 1 contract
Samples: Merger Agreement (Lg&e Energy Corp)