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, will survive the Effective Time, except for those covenants and agreements contained in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time and for the provisions of this Article VIII.
Appears in 3 contracts
Samples: Merger Agreement (Micro Therapeutics Inc), Merger Agreement (Micro Investment LLC), Merger Agreement (Ev3 Inc.)
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, will shall survive the Effective Time, except for those covenants and agreements contained in this Agreement herein to the extent that by their terms apply or are to be performed in whole or in part after the Effective Time and for the provisions of this Article VIIITime.
Appears in 3 contracts
Samples: Merger Agreement (Jinpan International LTD), Merger Agreement (New Horizon Capital Iii, L.P.), Merger Agreement (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, will survive the Effective Time, except for Sections 5.8 and 5.22 and for those other covenants and agreements contained in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time and for the provisions of this Article VIII.
Appears in 2 contracts
Samples: Merger Agreement (American Tower Corp /Ma/), Merger Agreement (Spectrasite Inc)
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, will shall survive the Effective Time, except for those covenants and agreements contained in herein (including Article II, Article III, Section 6.6(b), Section 6.11, Section 8.3, and this Agreement Article IX) to the extent that by their terms apply or are to be performed in whole or in part after the Effective Time and for the provisions of this Article VIIITime.
Appears in 1 contract
