Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2, 6.6 and 6.15 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Tektronix Inc), Agreement and Plan of Merger (Danaher Corp /De/), Agreement and Plan of Merger (Raven Acquisition Corp.)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2, 6.6 Section 3.01 and 6.15 Section 6.06 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Main Street Restaurant Group, Inc.), Agreement and Plan of Merger (Main Street Restaurant Group, Inc.), Agreement and Plan of Merger (Main Street Acquisition CORP)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections Section 3.2, Section 6.6 and Section 6.15 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Danaher Corp /De/), Agreement and Plan of Merger (Sybron Dental Specialties Inc), Agreement and Plan of Merger (Danaher Corp /De/)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 2.02, 6.6 the last sentence of Section 5.03, Section 5.06 and 6.15 the last sentence Section 5.02 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Communications Instruments Inc), Agreement and Plan of Merger (Corcom Inc), Agreement and Plan of Merger (Thermal Industries Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 2.5, 6.6 Section 5.6 and 6.15 Section 5.7 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement of Recapitalization and Merger (Mafco Holdings Inc), Agreement of Recapitalization and Merger (Panavision Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections Section 2.9, Section 3.2, the last sentence of Section 6.2, Section 6.5 and Section 6.6 and 6.15 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pacific Scientific Co), Agreement and Plan of Merger (Pacific Scientific Co)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 1.09, 6.6 Section 1.10, Section 2.01, Section 5.03(c), Section 5.06 and 6.15 this Article VIII shall survive the Effective Time indefinitely for the applicable statute of limitations (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Luxottica Group Spa), Agreement and Plan of Merger (Oakley Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 1.09, 6.6 Section 1.10, Section 2.01, Section 5.03(c), Section 5.06, Section 5.13 and 6.15 Article VIII shall survive the Effective Time indefinitely for the applicable statute of limitations (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Ii Agreement and Plan of Merger (Luxottica Group Spa), Agreement and Plan of Merger (Cole National Corp /De/)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Article III and Sections 3.2, 6.5(a) and 6.6 and 6.15 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Western Atlas Inc), Agreement and Plan of Merger (3-D Geophysical Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 3.02, 6.6 the last sentence of Section 6.03(a), Section 6.06 and 6.15 Section 6.07 shall survive the Effective Time indefinitely (except to the extent that a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Interlake Corp), Agreement and Plan of Merger (GKN North America Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 3.02, 6.6 Section 6.07, Section 6.08, Section 6.13, Section 6.14 and 6.15 6.16(d) shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein)) and those agreements set forth in the last two sentences of Section 6.02, Section 8.03 and Article IX shall survive termination of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Safety Razor Co), Agreement and Plan of Merger (Rsa Acquisition Corp)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 2.04, 6.6 Section 2.05, the last sentence of Section 5.03(a), Section 5.05 and 6.15 Section 5.06 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Donaldson Lufkin & Jenrette Inc /Ny/), First Amended and Restated Agreement and Plan of Merger (Fisher Scientific International Inc)
Non-Survival of Representations and Warranties. The ---------------------------------------------- representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2, Section 3.2 and Section 6.6 and 6.15 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Danaher Corp /De/), Agreement and Plan of Merger (Danaher Corp /De/)
Non-Survival of Representations and Warranties. The representations None of the representations, warranties, covenants and warranties made agreements in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.22.6, 6.6 5.2(c), 5.12, 5.14(c)(i), and 6.15 5.14(c)(ii) shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein)Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (National Penn Bancshares Inc), Agreement and Plan of Merger (Tf Financial Corp)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2, Section 3.1 and Section 6.6 and 6.15 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (United States Filter Corp), Agreement and Plan of Merger (United States Filter Corp)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 2.09, 6.6 Section 3.02, the last sentence of the second paragraph of Section 6.03(a), Section 6.05(b), 6.11(b) and 6.15 Section 6.06 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fusion Systems Corp), Agreement and Plan of Merger (Eaton Corp)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding For the avoidance of doubt and notwithstanding the foregoing, the agreements set forth in Sections 3.2, 6.6 Section 3.02 and 6.15 Section 6.07 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (BTR Acquisition Corp), Agreement and Plan of Merger (Exide Electronics Group Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 3.02, 6.6 the last sentence of Section 6.02, Section 6.06 and 6.15 Section 6.07 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Aei Resources Inc), Agreement and Plan of Merger (Zeigler Coal Holding Co)
Non-Survival of Representations and Warranties. The representations and warranties made and agreements in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.25.01, 6.6 5.06 and 6.15 5.10 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 3.02, 6.6 the last sentence of Section 6.02 and 6.15 Section 6.05 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Article II, 6.6 the last sentence of Section 5.02, Section 5.05 and 6.15 Section 5.14 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Big Flower Holdings Inc/)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2, 6.6 Section 2.1 and 6.15 Section 5.5 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Article III and Sections 3.2, 6.6 6.05(a) and 6.15 6.06 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding Not- withstanding the foregoing, the agreements set forth in Sections 3.2Sec- tion 2.04, 6.6 Section 2.05, the last sentence of Section 5.03(a), Section 5.05 and 6.15 Section 5.06 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fisher Scientific International Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Article II, 6.6 the last sentence of Section 5.02, Section 5.05 and 6.15 Section 5.13 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Big Flower Holdings Inc/)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 3.01, 6.6 the last sentence of the second paragraph of Section 6.03(a), Section 6.06 and 6.15 Section 6.07 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 3.01, 6.6 the last sentence of Section 6.03(c) and 6.15 Section 6.06 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The ---------------------------------------------- representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Sections 3.2Section 3.02, 6.6 the last sentence of Section 6.02, Section 6.06 and 6.15 Section 6.07 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Princess Beverly Coal Holding Co Inc)