Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 48 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger, Agreement and Plan of Merger (B. Riley Financial, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 33 contracts
Samples: Agreement and Plan of Merger (Tapestry, Inc.), Agreement and Plan of Merger (Capri Holdings LTD), Agreement and Plan of Merger (Wireless Telecom Group Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.2 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 21 contracts
Samples: Agreement and Plan of Merger (Patient Safety Technologies, Inc), Agreement and Plan of Merger (International Paper Co /New/), Agreement and Plan of Merger (Volcom Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 20 contracts
Samples: Support Agreement, Support Agreement, Tender and Support Agreement (Elevate Entertainment Inc.)
Non-Survival of Representations and Warranties. None of the representations and representations, warranties or covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Time except that this Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time, which shall survive to the extent expressly provided for herein.
Appears in 19 contracts
Samples: Agreement and Plan of Merger (Micropac Industries Inc), Agreement and Plan of Merger (Iteris, Inc.), Agreement and Plan of Merger (Iteris, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.2 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 19 contracts
Samples: Agreement and Plan of Merger (Newfield Exploration Co /De/), Agreement and Plan of Merger (Encana Corp), Agreement and Plan of Merger (Broadcom Cayman L.P.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 10.2 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 18 contracts
Samples: Business Combination Agreement, Agreement and Plan of Merger (U.S. Concrete, Inc.), Agreement and Plan of Merger
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 17 contracts
Samples: Agreement and Plan of Merger (HUGHES Telematics, Inc.), Agreement and Plan of Merger (Amgen Inc), Agreement and Plan of Merger (Cooper Companies Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit Except for any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time, none of the covenants and agreements of the parties contained this Agreement shall survive the Effective Time.
Appears in 15 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Landauer Inc), Agreement and Plan of Merger (Hansen Medical Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant , other than those covenants or agreement agreements of the parties which by its their terms contemplates performance apply, or are to be performed in whole or in part, after the Effective Time.
Appears in 15 contracts
Samples: Agreement and Plan of Merger (Allovir, Inc.), Agreement and Plan of Merger (Kintara Therapeutics, Inc.), Agreement and Plan of Merger (Kintara Therapeutics, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective Time. This Section 8.1 shall will not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Alaska Air Group, Inc.), Agreement and Plan of Merger (Jetblue Airways Corp), Agreement and Plan of Merger (Spirit Airlines, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.1 9.2 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective Time.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (HeartWare International, Inc.), Agreement and Plan of Merger (Us Home Systems Inc), Agreement and Plan of Merger (Clark Holdings Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive after the Effective Time. This Section 8.1 9.2 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 8 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Black Box Corp), Agreement and Plan of Merger (CALGON CARBON Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.1 9.2 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective TimeTime or the termination of this Agreement.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Skyworks Solutions, Inc.), Agreement and Plan of Merger (PMC Sierra Inc), Agreement and Plan of Merger (Skyworks Solutions, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.1 9.18 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective TimeTime or the termination of this Agreement.
Appears in 8 contracts
Samples: Voting Agreement (Bottomline Technologies Inc), Voting Agreement (STAMPS.COM Inc), Voting Agreement (STAMPS.COM Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.1 10.2 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective TimeTime or the termination of this Agreement.
Appears in 8 contracts
Samples: Support Agreement (Mudrick Capital Acquisition Corp), Agreement and Plan of Merger (Ipass Inc), Agreement and Plan of Merger (PARETEUM Corp)
Non-Survival of Representations and Warranties. None of the The representations and warranties of the parties made in Sections 2 and 3 of this Agreement or in any instrument delivered pursuant (including the Schedules to this the Agreement which are hereby incorporated by reference) shall not survive beyond the Effective Time. This Section 8.1 8 shall not limit any claim for fraud or any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 8 contracts
Samples: Agreement of Merger And (Western Exploration Inc.), Agreement of Merger And (Agronix Inc), Agreement of Merger And (Electro Energy Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit Except for any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time, none of the covenants and agreements of the parties contained in this Agreement shall survive the Effective Time.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Pc Tel Inc), Agreement and Plan of Merger (Pc Tel Inc), Agreement and Plan of Merger (Pc Tel Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.1 11.2 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective TimeTime or the termination of this Agreement.
Appears in 7 contracts
Samples: Support and Standstill Agreement (Fidelity National Information Services, Inc.), Support and Standstill Agreement (Fidelity National Information Services, Inc.), Support and Standstill Agreement (Fidelity National Information Services, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.1 shall not limit any covenant or agreement of the parties which that, by its terms terms, contemplates performance after the Effective Time.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Amedisys Inc), Agreement and Plan of Merger (Amedisys Inc), Agreement and Plan of Merger (Option Care Health, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (ZS Pharma, Inc.), Agreement and Plan of Merger (Durata Therapeutics, Inc.), Agreement and Plan of Merger (News Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 10.02 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (LAIX Inc.), Agreement and Plan of Merger (Ma Baoli), Agreement and Plan of Merger (BlueCity Holdings LTD)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.1 8.17 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective TimeTime or the termination of this Agreement.
Appears in 5 contracts
Samples: Voting and Support Agreement (Kaleyra, Inc.), Voting and Support Agreement (Maya Investments LTD), Voting and Support Agreement (Esse Effe S.p.A.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.1 11.18 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective TimeTime or the termination of this Agreement.
Appears in 5 contracts
Samples: Voting and Support Agreement (Covanta Holding Corp), Voting and Support Agreement (Anixter International Inc), Voting and Support Agreement (Wesco International Inc)
Non-Survival of Representations and Warranties. None of the representations and representations, warranties or covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Acceptance Time except that this Section 8.1 7.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Acceptance Time, which shall survive to the extent expressly provided for herein.
Appears in 5 contracts
Samples: Support Agreement (Tenzing Global Management, LLC), Support Agreement (Iac/Interactivecorp), Support Agreement (Care.com Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Boeing Co), Agreement and Plan of Merger (Jamdat Mobile Inc), Agreement and Plan of Merger (Aviall Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement shall survive the Acceptance Time. None of the covenants in this Agreement, nor any representations, warranties or covenants in any instrument delivered pursuant to this Agreement Agreement, shall survive the Effective Time. This ; provided, however, that this Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Aerohive Networks, Inc), Agreement and Plan of Merger (Extreme Networks Inc), Agreement and Plan of Merger (GigPeak, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Watson Pharmaceuticals Inc), Agreement and Plan of Merger (Pharmion Corp), Agreement and Plan of Merger (Celgene Corp /De/)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. None of the covenants or agreements of the Parties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement to the extent that it is to be performed prior to the Effective Time shall survive the Effective Time. This Section 8.1 9.2 shall not limit any covenant or agreement of the parties Parties which by its terms expressly contemplates performance at or after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Tower Semiconductor LTD), Agreement and Plan of Merger (Itamar Medical Ltd.), Agreement and Plan of Merger
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.1 13.17 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective TimeTime or the termination of this Agreement.
Appears in 5 contracts
Samples: Voting and Support Agreement (Blackstone Holdings III L.P.), Voting and Support Agreement (Vista Equity Partners Fund VI, L.P.), Voting and Support Agreement (Blackstone Holdings III L.P.)
Non-Survival of Representations and Warranties. None of the representations and warranties in in, or covenants to be performed before the Closing under, this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Comsys It Partners Inc), Agreement and Plan of Merger (Manpower Inc /Wi/), Agreement and Plan of Merger (Manpower Inc /Wi/)
Non-Survival of Representations and Warranties. None of the ---------------------------------------------- representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 The preceding sentence shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mediaplex Inc), Agreement and Plan of Merger (Legato Systems Inc), Agreement and Plan of Merger (Otg Software Inc)
Non-Survival of Representations and Warranties. None of the No representations and or warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (iVOW, Inc.), Agreement and Plan of Merger (Crdentia Corp), Agreement and Plan of Merger (Inamed Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective Time. This Section 8.1 shall 9.1 will not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Reckitt Benckiser Group PLC), Agreement and Plan of Merger (Schiff Nutrition International, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.1 11.17 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective TimeTime or the termination of this Agreement.
Appears in 4 contracts
Samples: Support and Rollover Agreement (Tzuo Tien), Agreement and Plan of Merger (Zuora Inc), Voting, Support and Rollover Agreement (Zuora Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties which by to the extent its terms contemplates contemplate performance after the Effective Time, but any other covenants and agreements shall not survive the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Fpic Insurance Group Inc), Agreement and Plan of Merger (American Physicians Capital Inc), Agreement and Plan of Merger (Scpie Holdings Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the First Effective Time. This Section 8.1 10.2 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the First Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Expedia, Inc.), Agreement and Plan of Reorganization (Homeaway Inc), Agreement and Plan of Reorganization (AbbVie Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties made in this Agreement or in any instrument delivered pursuant to this Agreement shall survive after the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mindel Laurence B), Agreement and Plan of Merger (Blimpie International Inc), Agreement and Plan (Mindel Laurence B)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Fort Howard Corp), Agreement and Plan of Merger (James River Corp of Virginia), Agreement and Plan of Merger (Halter Marine Group Inc)
Non-Survival of Representations and Warranties. None of ---------------------------------------------- the representations and warranties made in this Agreement or in any instrument delivered pursuant to this Agreement shall survive after the Effective Time. This Section 8.1 8.01 shall not limit any covenant or agreement of the parties which hereto that by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Shopko Stores Inc), Agreement and Plan of Merger (Merck & Co Inc), Agreement and Plan of Merger (Merck & Co Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties representations, warranties, covenants or other agreements in this Agreement or in any instrument delivered pursuant to this Agreement Agreement, or any rights arising out of any breach of any of the foregoing, shall survive the Effective Time. This , except that this Section 8.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time, which shall survive to the extent expressly provided for herein.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Taylor Morrison Home Corp), Agreement and Plan of Merger (William Lyon Homes), Agreement and Plan of Merger (Taylor Morrison Home Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective TimeTime of the Merger. This Section 8.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective TimeTime of the Merger.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Indiana United Bancorp), Agreement and Plan of Merger (Premier Financial Bancorp Inc), Agreement and Plan of Merger (Mainsource Financial Group)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 7.1 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Glu Mobile Inc), Agreement and Plan of Merger (Electronic Arts Inc.), Agreement and Plan of Merger (Infoblox Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall will survive after the Effective Time. This Section 8.1 shall 9.2 will not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Horizon Global Corp), Agreement and Plan of Merger (Meridian Bioscience Inc), Agreement and Plan of Merger (Westlake Chemical Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective Time. This Section 8.1 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: And Restated Agreement and Plan of Merger (Royal Gold Inc), Agreement and Plan of Merger (Battle Mountain Gold Exploration Corp.), Amended and Restated Agreement and Plan of Merger (Battle Mountain Gold Exploration Corp.)
Non-Survival of Representations and Warranties. None of the No representations and or warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.01 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Allergan Inc), Agreement and Plan of Merger (Allergan Inc), Agreement and Plan of Merger (Inamed Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 8.2 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (FREYR Battery, Inc. /DE/), Agreement and Plan of Merger (FREYR Battery), Agreement and Plan of Merger (FREYR Battery, Inc. /DE/)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Transgenomic Inc), Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc), Agreement and Plan of Merger (American Medical Systems Holdings Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties representations, warranties, covenants or agreements in this Agreement Agreement, or in any instrument certificate or other writing delivered pursuant to this Agreement Agreement, shall survive the Effective TimeTime or, except as otherwise provided in Section 10.2, any termination of this Agreement, as the case may be. This Section 8.1 11.2 shall not limit any covenant or agreement of the parties which Parties that by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Envestnet, Inc.), Agreement and Plan of Merger (Brookfield Asset Management Reinsurance Partners Ltd.), Agreement and Plan of Merger (American National Group Inc)
Non-Survival of Representations and Warranties. None of the representations representations, warranties, covenants and warranties agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This ; provided that this Section 8.1 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Bioblast Pharma Ltd.), Agreement and Plan of Merger (Cancer Genetics, Inc), Agreement and Plan of Merger (Macrocure Ltd.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement Agreement, or in any instrument delivered pursuant to this Agreement Agreement, shall survive the Effective TimeTime or a termination of this Agreement in accordance with Section 8.1. This Section 8.1 shall 9.2 does not limit any covenant or agreement of the parties which to this Agreement that, by its terms terms, contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (DG FastChannel, Inc), Agreement and Plan of Merger and Reorganization (New 360), Agreement and Plan of Merger and Reorganization (Point 360)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Acceptance Time. This Section 8.1 7.2 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Acceptance Time.
Appears in 3 contracts
Samples: Tender Offer Agreement (Borr Drilling LTD), Tender Offer Agreement (Borr Drilling LTD), Offer Agreement
Non-Survival of Representations and Warranties. None of the The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement made herein shall not survive beyond the Effective TimeTime or a termination of this Agreement. This Section 8.1 7.1 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates requires performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Noble Innovations Inc), Agreement and Plan of Merger (Gti Corp), Agreement and Plan of Merger (Technitrol Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.01 shall not limit any covenant or agreement of the parties which in this Agreement that by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (NightHawk Radiology Holdings Inc), Agreement and Plan of Merger (Viking Holdings LLC), Agreement and Plan of Merger (Virtual Radiologic CORP)
Non-Survival of Representations and Warranties. None of the representations and warranties made in this Agreement or in any instrument delivered pursuant to this Agreement shall survive after the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Talley Manufacturing & Technology Inc), Agreement and Plan of Merger (Score Acquisition Corp), Agreement and Plan of Merger (Talley Industries Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or and in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 8.01 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (ZAIS Group Holdings, Inc.), Agreement and Plan of Merger (Caraco Pharmaceutical Laboratories LTD), Agreement and Plan of Merger (Caraco Pharmaceutical Laboratories LTD)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 11.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Textron Inc), Agreement and Plan of Merger (United Industrial Corp /De/), Agreement and Plan of Merger (Nai Technologies Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This ; provided, that this Section 8.1 10.2 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Polyvision Corp), Agreement and Plan of Merger (Polyvision Corp), Agreement and Plan of Merger (Polyvision Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 10.1 shall not limit any covenant or agreement of the parties which Parties that by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Office Properties Income Trust), Agreement and Plan of Merger (Diversified Healthcare Trust), Agreement and Plan of Merger (Select Income Reit)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Concur Technologies Inc), Agreement and Plan of Merger (Concur Technologies Inc), Agreement and Plan of Merger (Ariba Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 , and only the covenants and exhibits that by their terms survive the Effective Time and this Article IX shall not limit any covenant or agreement of the parties which by its terms contemplates performance after survive the Effective Time.
Appears in 3 contracts
Samples: Noncompetition Agreement (Emulex Corp /De/), Agreement and Plan of Merger (Vixel Corp), Agreement and Plan of Merger (Emulex Corp /De/)
Non-Survival of Representations and Warranties. None of the representations and representations, warranties or covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Time except that this Section 8.1 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time, including Section 8.2 and Section 8.3, which shall survive to the extent expressly provided for herein.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Gaming & Leisure Properties, Inc.), Agreement and Plan of Merger (Eldorado Resorts, Inc.), Agreement and Plan of Merger (Icahn Enterprises Holdings L.P.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall will survive the Effective Time. This Section 8.1 shall 10.3 will not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Victory Oilfield Tech, Inc.), Agreement and Plan of Merger (Victory Oilfield Tech, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Subsequent Effective Time. This Section 8.1 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance performance, in whole or in part, after the Subsequent Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Schering Plough Corp), Agreement and Plan of Merger (Merck & Co Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective Time. This Notwithstanding the foregoing, this Section 8.1 shall will not limit any covenant or agreement of the parties hereto which by its terms contemplates performance apply, or are to be performed in whole or in part, after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (St Jude Medical Inc), Agreement and Plan of Merger (Thoratec Corp)
Non-Survival of Representations and Warranties. None of the representations representations, warranties and warranties covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Interclick, Inc.), Agreement and Plan of Merger (Yahoo Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Medistem Inc.), Agreement and Plan of Merger (Intrexon Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This ; provided however, the Section 8.1 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Floss Acquisitions Corp), Agreement and Plan of Merger (First Commonwealth Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective TimeTime or, if earlier, the termination of this Agreement in accordance with the terms hereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ourpets Co), Agreement and Plan of Merger (Campus Crest Communities, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties representations, warranties, covenants or other agreements in this Agreement or in any instrument delivered pursuant to this Agreement Agreement, or any rights arising out of any breach of any of the foregoing, shall survive the Effective Time. This , except that this Section 8.1 9.3 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time, which shall survive to the extent expressly provided for herein.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Trecora Resources), Agreement and Plan of Merger (New Home Co Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective Time. This Section 8.1 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Quovadx Inc), Agreement and Plan of Merger (Quovadx Inc)
Non-Survival of Representations and Warranties. None of the representations and representations, warranties or covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Time except that this Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time, including Section 7.2 and Section 7.3, which shall survive to the extent expressly provided for herein, and Section 5.9 and Section 5.19.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Railcar Industries, Inc.), Agreement and Plan of Merger (Icahn Enterprises Holdings L.P.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 10.2 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Global Aero Logistics Inc.), Agreement and Plan of Merger (World Air Holdings, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties made in this Agreement or in any instrument delivered pursuant to this Agreement shall survive after the Effective Time. This Section 8.1 8.01 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (JLG Industries Inc), Agreement and Plan of Merger (Gradall Industries Inc)
Non-Survival of Representations and Warranties. None ---------------------------------------------- of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This ; provided -------- however, this Section 8.1 9.1 shall not limit any covenant or agreement of the ------- parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pine Holdings Inc), Agreement and Plan of Merger (Pulaski Furniture Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties made in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.01 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Effective Management Systems Inc), Agreement and Plan of Merger (Ifs Ab)
Non-Survival of Representations and Warranties. None of the representations and warranties of the parties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 10.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (NCR Corp), Agreement and Plan of Merger (Intuit Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Capitol Acquisition Corp), Agreement and Plan of Merger (Enterprise Acquisition Corp.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time. The Confidentiality Agreement will (a) survive termination of this Agreement in accordance with its terms and (b) terminate as of the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Iparty Corp)
Non-Survival of Representations and Warranties. None of the representations and representations, warranties or covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Time except that this Section 8.1 shall not limit any covenant or agreement of the parties (a) which by its terms contemplates performance after the Effective Time, which shall survive to the extent expressly provided for herein and (b) set forth in this Article 8.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Waste Management Inc), Agreement and Plan of Merger (Stericycle Inc)
Non-Survival of Representations and Warranties. None of the The representations and warranties made in this Agreement or in any instrument document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Plan Effective TimeDate. This Section 8.1 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Plan Effective TimeDate.
Appears in 2 contracts
Samples: Recapitalization Agreement (Ventura Capital Privado, S.A. De C.V.), Recapitalization Agreement (Maxcom Telecommunications Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Nothing in this Section 8.1 9.9 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Howmet International Inc), Agreement and Plan of Merger (Alcoa Inc)
Non-Survival of Representations and Warranties. None of ---------------------------------------------- the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 The foregoing sentence shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Compaq Interests Inc), Agreement and Plan of Merger (Shopping Com)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or termination of this Agreement. This Section 8.1 9.2 shall not limit any covenant or agreement of the parties which hereto that by its terms contemplates requires performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sage Group PLC), Agreement and Plan of Merger (Best Software Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.2 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.. Section 9.3
Appears in 2 contracts
Samples: Iv Agreement and Plan of Merger (Opsware Inc), Iv Agreement and Plan of Merger (Hewlett Packard Co)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any agreement, instrument or document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.1 shall not limit any covenant or agreement of the parties which (for avoidance of doubt, excluding any representation or warranty provided by a party) that by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Renaissance Learning Inc), Agreement and Plan of Merger (Midwest Air Group Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Salix Pharmaceuticals LTD), Agreement and Plan of Merger (Valeant Pharmaceuticals International, Inc.)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 10.2 shall not limit any covenant or agreement of the parties which Parties that by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cole Corporate Income Trust, Inc.), Agreement and Plan of Merger (Select Income REIT)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.2 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time. The Confidentiality Agreement will survive the termination of this Agreement in accordance with its terms. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall relieve any Person for liability for Fraud.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Indivior PLC), Agreement and Plan of Merger (Indivior PLC)
Non-Survival of Representations and Warranties. None of the representations and or warranties in this Agreement Agreement, or in any instrument delivered pursuant to this Agreement Agreement, shall survive the consummation of the Transactions or the Effective Time, as the case may be. This Section 8.1 9.8 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Eagle Supply Group Inc), Agreement and Plan of Merger (Gulfside Supply, Inc.)
Non-Survival of Representations and Warranties. None of the representations and representations, warranties or covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Caprius Inc), Agreement and Plan of Merger (Vintage Capital Group, LLC)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Canyon Resources Corp), Agreement and Plan of Merger (Thomas Nelson Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 shall not limit any covenant or agreement of the parties which by to the extent its terms contemplates contemplate performance in whole or in part after the Effective Time, but any other covenants and agreements shall not survive the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Citizens Republic Bancorp, Inc.), Agreement and Plan of Merger (Firstmerit Corp /Oh/)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement will survive the Effective Time. Only the covenants that by their terms survive the Effective Time shall so survive the Effective Time. This Section 8.1 shall will not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Seagate Technology PLC), Agreement and Plan of Merger (Xyratex LTD)
Non-Survival of Representations and Warranties. None of the No representations and or warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.1 10.02 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Timesuch time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Contribution (Gotham Partners Lp /Ny/), Agreement and Plan of Merger and Contribution (First Union Real Estate Equity & Mortgage Investments)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 13.18 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Voting and Support Agreement (Tabula Rasa HealthCare, Inc.), Voting and Support Agreement (Tabula Rasa HealthCare, Inc.)
Non-Survival of Representations and Warranties. None The parties, intending to modify any applicable statute of limitations, agree that none of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.1 10.2 shall not limit any obligation, covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sterling Check Corp.), Agreement and Plan of Merger (First Advantage Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This ; provided, however, this Section 8.1 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cordiant Communications Group PLC /Adr), Agreement and Plan of Merger (Healthworld Corp)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement in accordance with Section 8.1. This Section 8.1 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tween Brands, Inc.), Agreement and Plan of Merger (Dress Barn Inc)
Non-Survival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Appointment Time. This Section 8.1 9.2 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Teradyne, Inc), Agreement and Plan of Merger (Nextest Systems Corp)
