Common use of Non-Survival of Representations and Warranties and Agreements Clause in Contracts

Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements herein and in any certificate delivered in connection herewith, including any rights arising out of any breach of such representations, warranties and agreements, shall terminate at the Effective Time, except for those agreements contained herein (including Section 6.11) that by their terms apply or are to be performed in whole or in part after the Effective Time and the provisions in this Article IX.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pacificare Health Systems Inc /De/), Agreement and Plan of Merger (American Medical Security Group Inc)

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Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements herein and in any certificate delivered in connection herewiththis Agreement, including any rights arising out of any breach of such representations, warranties and agreements, shall terminate at the Effective Time, except for those agreements contained herein (including Section 6.115.8) that by their terms apply or are to be performed in whole or in part after the Effective Time and the provisions in this Article IXVIII.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Caremark Rx Inc), Agreement and Plan of Merger (Advancepcs)

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Non-Survival of Representations and Warranties and Agreements. The representations, warranties and agreements herein and in any certificate delivered in connection herewiththis Agreement, including any rights arising out of any breach of such representations, warranties and agreements, shall terminate at the Effective Time, except for those agreements contained herein (including Section 6.11) that by their terms apply or are to be performed in whole or in part after the Effective Time and the provisions in of this Article IX.X.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mim Corp), Agreement and Plan of Merger (Chronimed Inc)

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