Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time, except that the agreements set forth in Articles I and VIII and Sections 5.4, 5.7 and 5.12 shall survive the Effective Time indefinitely.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Sprint Corp), Agreement and Plan of Merger (Us Unwired Inc), Agreement and Plan of Merger (Sprint Corp)
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 8.1, as the case may be, except that (i) the agreements set forth in Articles I II and VIII IX and Sections 5.4, 5.7 6.7 and 5.12 6.11 shall survive the Effective Time indefinitelyand (ii) the agreements set forth in Section 8.2 and in Article IX shall survive the termination of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Hearst Communications Inc), Agreement and Plan of Merger (Women Com Networks Inc), Agreement and Plan of Merger (Ivillage Inc)
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 8.1, as the case may be, except that (i) the agreements set forth in Articles I II and VIII IX and Sections 5.4, 5.7 and 5.12 Section 6.7 shall survive the Effective Time indefinitely and (ii) the agreements set forth in Section 8.2 and in this Article IX shall survive the termination of this Agreement indefinitely.
Appears in 2 contracts
Samples: Agreement of Merger (Overnite Corp), Agreement of Merger (United Parcel Service Inc)
Non-Survival of Representations and Warranties and Agreements. The representations, None of the representations and warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at survive the Effective Time, Time except that the agreements set forth in Articles I Article II, Sections 6.8, 6.11, 6.12, 6.13 and VIII 6.14 and Sections 5.4, 5.7 and 5.12 Article IX shall survive the Effective Time indefinitelyTime.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Zilog Inc), Agreement and Plan of Merger (Zilog Inc)
Non-Survival of Representations and Warranties and Agreements. The Except as expressly set forth in the Indemnification Agreements, the representations, warranties and agreements in this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that (i) the agreements set forth in Articles I and VIII and Sections 5.4, 5.6 and 5.7 and 5.12 shall survive the Effective Time indefinitely and (ii) the agreements set forth in Sections 5.2, 5.6, 5.7 and 7.2 and in Article VIII shall survive the termination of this Agreement indefinitely.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Showpower Inc), Agreement and Plan of Merger (General Electric Co)
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time, except that the agreements set forth in Articles Article I and Article VIII and Sections Section 5.4, Section 5.7 and Section 5.12 shall survive the Effective Time indefinitelyin accordance with their terms.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sprint Nextel Corp), Agreement and Plan of Merger (iPCS, INC)
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this This Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that (i) the agreements set forth in Articles I and VIII and Sections 5.4, 5.6 and 5.7 and 5.12 shall survive the Effective Time indefinitely and (ii) the agreements set forth in Sections 5.6, 5.7 and 7.2 and in Article VIII shall survive the termination of this Agreement indefinitely.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Harland John H Co), Agreement and Plan of Merger (Cfi Proservices Inc)
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 8.1, as the case may be, except that (i) the agreements set forth in Articles I II and VIII IX and Sections 5.46.11, 5.7 6.6 and 5.12 6.7 shall survive the Effective Time indefinitelyand (ii) the agreements set forth in Sections 6.6 and 8.2 and in Article IX shall survive the termination of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fritz Companies Inc), Agreement and Plan of Merger (United Parcel Service Inc)
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time, except that the agreements set forth in Articles Article I and Article VIII and Sections Section 5.4, Section 5.7 and 5.12 Section 5.13 shall survive the Effective Time indefinitelyin accordance with their terms.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ubiquitel Inc), Agreement and Plan of Merger (Alamosa Holdings Inc)
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time, except that the agreements set forth in Articles Article I and Article VIII and Sections 5.4, SECTION 5.4 and SECTION 5.7 and 5.12 shall survive the Effective Time indefinitely.
Appears in 1 contract
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 8.1, as the case may be, except that (i) the agreements set forth in Articles I II and VIII IX and Sections 5.46.4, 5.7 6.6, 6.7 and 5.12 6.9 shall survive the Effective Time indefinitely and (ii) the agreements set forth in Sections 6.6 and 6.7 and in Article IX shall survive the termination of this Agreement indefinitely.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sybron Chemicals Inc)
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that (i) the agreements set forth in Articles I and VIII and Sections 5.45.7, 5.7 5.8 and 5.12 5.9 shall survive the Effective Time indefinitely and (ii) the agreements set forth in Section 7.2 and Article VIII shall survive the termination of this Agreement indefinitely.
Appears in 1 contract
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 8.1, as the case may be, except that (i) the agreements set forth in Articles I II and VIII IX and Sections 5.4, 5.7 6.6 and 5.12 6.7 shall survive the Effective Time indefinitely and (ii) the agreements set forth in Sections 6.2 (with respect to confidentiality), 6.6, 6.8 and 8.2 and in Article IX shall survive the termination of this Agreement indefinitely.
Appears in 1 contract
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that (i) the agreements set forth in Articles I and VIII and Sections 5.4, 5.6 and 5.7 and 5.12 shall survive the Effective Time indefinitely and (ii) the agreements set forth in Sections 5.6, 5.7, 5.23 and 7.2 and in Article VIII shall survive the termination of this Agreement indefinitely.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Peoples Choice Tv Corp)
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that (i) the agreements set forth in Articles Article I and this Article VIII and Sections 5.4, 5.7 5.7, and 5.12 5.13 shall survive the Effective Time indefinitely and (ii) the agreements set forth in Sections 5.2 and 7.2 and in this Article VIII shall survive the termination of this Agreement indefinitely.
Appears in 1 contract
Samples: Agreement and Plan of Merger (National Service Industries Inc)
Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that (i) the agreements set forth in Articles I I, II and VIII and Sections 5.4, 5.7 5.7, 5.8 and 5.12 5.16 shall survive the Effective Time indefinitely and (ii) the agreements set forth in Sections 5.7, 5.8 and 7.2 and in Article VIII shall survive the termination of this Agreement indefinitely.. Section 8.11
Appears in 1 contract
Samples: Agreement and Plan of Merger (American Telecasting Inc/De/)
Non-Survival of Representations and Warranties and Agreements. The representations, None of the representations and warranties and agreements in this Agreement shall terminate at the Effective Time, except that the agreements set forth or in Articles I and VIII and Sections 5.4, 5.7 and 5.12 any instrument delivered pursuant to this Agreement shall survive the Effective Time indefinitely.except that the agreements which expressly by their terms survive the Effective Date and those set forth in Article II, Sections 6.7, 6.12, 6.13, 6.14, 6.15 and 6.16 and Article IX shall survive the Effective Time. SECTION 9.2
Appears in 1 contract
Samples: Agreement and Plan of Recapitalization and Merger (Bell Sports Corp)
