Non-Survival of Representations and Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, except for those covenants and agreements contained herein to the extent that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Jinpan International LTD), Agreement and Plan of Merger (New Horizon Capital Iii, L.P.), Agreement and Plan of Merger (Exceed Co Ltd.)
Non-Survival of Representations and Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall will survive the Effective Time, except for those covenants and agreements contained herein to the extent in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective TimeTime and for the provisions of this Article VIII.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Micro Therapeutics Inc), Agreement and Plan of Merger (Ev3 Inc.), Agreement and Plan of Merger (Micro Investment LLC)
Non-Survival of Representations and Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall will survive the Effective Time, except for Sections 5.8 and 5.22 and for those other covenants and agreements contained herein to the extent in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective TimeTime and for the provisions of this Article VIII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Tower Corp /Ma/), Agreement and Plan of Merger (Spectrasite Inc)
Non-Survival of Representations and Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, except for those covenants and agreements contained herein (including Article II, Article III, Section 6.6(b), Section 6.11, Section 8.3, and this Article IX) to the extent that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Newater Technology, Inc.)
