Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.
Appears in 15 contracts
Samples: Merger Agreement (Pharmacia & Upjohn Inc), Merger Agreement (Kerr McGee Corp), Merger Agreement (Monsanto Co)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 13 contracts
Samples: Merger Agreement (Parkway Properties Inc), Merger Agreement (BBCN Bancorp Inc), Merger Agreement (Wilshire Bancorp Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement Plan of Merger or in any instrument delivered pursuant to this AgreementPlan of Merger, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall will survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIIX.
Appears in 13 contracts
Samples: Merger Agreement (Choiceone Financial Services Inc), Merger Agreement (Macatawa Bank Corp), Merger Agreement (Wintrust Financial Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 9 contracts
Samples: Arrangement Agreement (Nabors Industries LTD), Arrangement Agreement (Tesco Corp), Merger Agreement (C&J Energy Services, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.X.
Appears in 8 contracts
Samples: Merger Agreement (Take Two Interactive Software Inc), Merger Agreement (Zynga Inc), Merger Agreement (Medassets Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Section 5.8) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.
Appears in 8 contracts
Samples: Merger Agreement (Warner Lambert Co), Merger Agreement (Showcase Corp /Mn), Merger Agreement (Warner Lambert Co)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Section 6.8) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIARTICLE IX.
Appears in 8 contracts
Samples: Merger Agreement (Nabors Industries LTD), Merger Agreement (Superior Well Services, INC), Merger Agreement (Terra Industries Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Section 6.8) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIIX.
Appears in 7 contracts
Samples: Merger Agreement (CF Industries Holdings, Inc.), Merger Agreement (Cbot Holdings Inc), Merger Agreement
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIIX.
Appears in 7 contracts
Samples: Merger Agreement (Pediatric Services of America Inc), Agreement and Plan of Merger (Ohio Casualty Corp), Merger Agreement (GCP Sunshine Acquisition, Inc. A Delaware Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, agreements and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIIX.
Appears in 7 contracts
Samples: Merger Agreement (Premcor Inc), Merger Agreement (Valero Energy Corp/Tx), Merger Agreement (Valero Energy Corp/Tx)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article VIIIIX.
Appears in 6 contracts
Samples: Merger Agreement (Ims Health Inc), Merger Agreement, Merger Agreement (Reebok International LTD)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall will survive the Effective Time, except for (a) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part at or after the Effective Time and (b) this Article VIIIIX.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Westland Development Co Inc), Merger Agreement (Westland Development Co Inc), Merger Agreement (Westland Development Co Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall will survive the Effective Time, except for those covenants and agreements contained herein in this Agreement and therein such other instruments that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.X.
Appears in 6 contracts
Samples: Merger Agreement (Cardiovascular Systems Inc), Agreement and Plan of Merger (Usg Corp), Merger Agreement (Gebr. Knauf Verwaltungsgesellschaft Kg)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants covenants, and other 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 other agreements, shall survive the Second Merger Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Second Merger Effective Time and this Article VIIIincluding, for the avoidance of doubt, the covenants contained in Section 6.6.
Appears in 6 contracts
Samples: Merger Agreement (Media General Inc), Merger Agreement (Meredith Corp), Merger Agreement (Meredith Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements of the parties in this Agreement or in any instrument delivered by the parties pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 5 contracts
Samples: Merger Agreement (St Joseph Capital Corp), Merger Agreement (Old National Bancorp /In/), Merger Agreement (German American Bancorp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements of the parties in this Agreement or in any instrument delivered by the parties pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including, without limitation those included in Section 5.07) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 5 contracts
Samples: Merger Agreement (Citizens First Corp), Merger Agreement (German American Bancorp, Inc.), Agreement and Plan of Reorganization (German American Bancorp, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and or which otherwise by their terms survive the termination of this Article VIIIAgreement or the Effective Time.
Appears in 5 contracts
Samples: Merger Agreement (Spirit Realty Capital, Inc.), Merger Agreement (Spirit Realty Capital, Inc.), Merger Agreement (Realty Income Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 5 contracts
Samples: Merger Agreement (Ev3 Inc.), Transaction Agreement and Agreement and Plan of Merger (Graphic Packaging Corp), Merger Agreement (Foxhollow Technologies, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 4 contracts
Samples: Merger Agreement (E-Z-Em, Inc.), Agreement and Plan of Reorganization (Conexant Systems Inc), Agreement and Plan of Reorganization (Arvin Industries Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Section 6.7) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIIX.
Appears in 4 contracts
Samples: Merger Agreement (Wyeth), Merger Agreement (Sykes Enterprises Inc), Merger Agreement (Ict Group Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Section 5.7) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.
Appears in 4 contracts
Samples: Merger Agreement (Pfizer Inc), Merger Agreement (Pharmacia Corp /De/), Merger Agreement (Pepsico Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, agreements and other agreementsprovisions, shall survive the Effective TimeTimes, except for those covenants covenants, agreements and agreements other provisions contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time Times and this Article VIIIIX.
Appears in 4 contracts
Samples: Merger Agreement (Kaneb Services LLC), Merger Agreement (Kaneb Pipe Line Partners L P), Merger Agreement (Valero L P)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising raising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective TimeTime of the Merger, except only for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIof the Merger.
Appears in 3 contracts
Samples: Merger Agreement (WTC Industries Inc), Merger Agreement (Tsi Inc /Mn/), Merger Agreement (Cuno Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part at or after the Effective Time and then only to such extent and (ii) this Article VIIIIX.
Appears in 3 contracts
Samples: Merger Agreement (Freescale Semiconductor Inc), Merger Agreement (Freescale Semiconductor Inc), Merger Agreement (Freescale Semiconductor Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall will survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIIX.
Appears in 3 contracts
Samples: Merger Agreement (Spartan Stores Inc), Merger Agreement (Nash Finch Co), Merger Agreement (Nash Finch Co)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Section 5.06) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII8.
Appears in 3 contracts
Samples: Merger Agreement (Gillette Co), Merger Agreement (Procter & Gamble Co), Merger Agreement (Procter & Gamble Co)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.X.
Appears in 3 contracts
Samples: Merger Agreement (Pep Boys Manny Moe & Jack), Merger Agreement (Deb Shops Inc), Merger Agreement (DBT Online Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for (a) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and (b) this Article VIIIXI.
Appears in 3 contracts
Samples: Merger Agreement (Pep Boys Manny Moe & Jack), Merger Agreement (Icahn Enterprises Holdings L.P.), Merger Agreement (Pep Boys Manny Moe & Jack)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.
Appears in 3 contracts
Samples: Merger Agreement (Sprint Corp), Merger Agreement (Mci Worldcom Inc), Agreement and Plan of Merger (Mci Worldcom Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, Time except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and (including the terms of this Article VIII).
Appears in 3 contracts
Samples: Merger Agreement, Merger Agreement (Cigna Corp), Merger Agreement (Anthem, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for Section 6.2 and those other covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.X.
Appears in 3 contracts
Samples: Merger Agreement (Broadwing Corp), Merger Agreement (Broadwing Corp), Merger Agreement (Level 3 Communications Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants covenants, and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIincluding, for the avoidance of doubt, the covenants contained in Section 6.6.
Appears in 3 contracts
Samples: Merger Agreement (Nexstar Broadcasting Group Inc), Merger Agreement (Media General Inc), Merger Agreement (Nexstar Broadcasting Group Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, agreements and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.X.
Appears in 2 contracts
Samples: Merger Agreement (Intac International Inc), Merger Agreement (Intac International Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Section 5.6) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.
Appears in 2 contracts
Samples: Merger Agreement (Castlewood Holdings LTD), Merger Agreement (Enstar Group Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for Section 4.13 and those other covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII7.
Appears in 2 contracts
Samples: Merger Agreement (Bearing Resources Ltd.), Merger Agreement (Li3 Energy, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective TimeClosing Date, except for (i) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time Closing Date and (ii) this Article VIII9.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Tower Automotive, LLC), Asset Purchase Agreement (Tower Automotive Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including, for the avoidance of doubt, any such covenants or agreements contained in the Governance Agreement) that by their terms apply or are to be performed contemplate performance in whole or in part after the Effective Time and this Article VIIITime.
Appears in 2 contracts
Samples: Merger Agreement (Viacom Inc.), Merger Agreement (CBS Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this AgreementAgreement (other than pursuant to the Option Agreements, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, which shall terminate in accordance with their terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein that which by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Premier Financial Services Inc), Agreement and Plan of Reorganization (Northern Illinois Financial Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall will survive the Effective Time, except for those covenants and agreements contained herein in this Agreement and therein such other instruments (including Section 7.9) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.X.
Appears in 2 contracts
Samples: Merger Agreement (Ecolab Inc), Merger Agreement (Nalco Holding CO)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein that which by their terms apply or are to be performed in whole or in part after the Effective Time Time. Without by implication limiting the foregoing, none of the directors or officers of the parties hereto shall have any liability for any of the representations, warranties, covenants and this Article VIIIagreements contained herein.
Appears in 2 contracts
Samples: Merger Agreement (Tarpon Coast Bancorp Inc), Merger Agreement (First Busey Corp /Nv/)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for Section 4.11 and those other covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIArticle 7.
Appears in 2 contracts
Samples: Merger Agreement (Opko Health, Inc.), Merger Agreement (Bio Reference Laboratories Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein that which by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 2 contracts
Samples: Merger Agreement (Privatebancorp Inc), Merger Agreement (Privatebancorp Inc)
Non-Survival of Representations, Warranties and Agreements. None ---------------------------------------------------------- of the representations, warranties, covenants and other 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 covenants, agreements and other agreementsprovisions, shall survive the Effective TimeClosing Date, except for those covenants covenants, agreements and agreements other provisions contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time Closing Date and this Article VIIIIX.
Appears in 2 contracts
Samples: Merger Agreement (Virata Corp), Agreement and Plan of Merger (Virata Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, and other agreements, shall survive the Effective TimeDate, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIDate.
Appears in 2 contracts
Samples: Merger Agreement (Federal Home Loan Bank of Des Moines), Merger Agreement (Federal Home Loan Bank of Seattle)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other or 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 other agreements, Agreement shall survive the Effective Time, except for other than those covenants and or agreements contained herein and therein that of the parties which by their terms apply apply, or are to be performed in whole or in part part, after the Effective Time and this Article VIIITime.
Appears in 2 contracts
Samples: Merger Agreement (Pieris Pharmaceuticals, Inc.), Merger Agreement (Pieris Pharmaceuticals, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, agreements and other agreementsprovisions, shall survive the Effective TimeTimes, except for those covenants covenants, agreements and agreements other provisions contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time Times and this Article VIII8.
Appears in 2 contracts
Samples: Merger Agreement (Enterprise Products Partners L P), Merger Agreement (Teppco Partners Lp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those Section 6.2 and any other covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.ARTICLE X.
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (Cifc LLC)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements of Parent, Merger Sub or the Company in this Agreement or in any instrument delivered pursuant to under this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 2 contracts
Samples: Merger Agreement (Fairfax Financial Holdings LTD/ Can), Merger Agreement (Allied World Assurance Co Holdings, AG)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, and other agreements, shall survive the Effective Time, except for Section 6.10 and those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 2 contracts
Samples: Arrangement Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (NGAS Resources Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for (a) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part at or after the Effective Time and then only to such extent and (b) this Article VIIIIX.
Appears in 2 contracts
Samples: Merger Agreement (Harland John H Co), Merger Agreement (M & F Worldwide Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Section 9.3) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIIX.
Appears in 2 contracts
Samples: Merger Agreement (Pulte Corp), Merger Agreement (Del Webb Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, agreements and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.X.
Appears in 2 contracts
Samples: Merger Agreement (Bruker Daltonics Inc), Merger Agreement (Bruker Axs Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, and other agreements, shall survive the Topco Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Topco Effective Time and this Article VIIITime.
Appears in 2 contracts
Samples: Merger Agreement (Amb Property Lp), Merger Agreement (Prologis)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall will survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.
Appears in 2 contracts
Samples: Merger Agreement (Interactive Data Holdings Corp), Merger Agreement (Interactive Data Corp/Ma/)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article VIII.
Appears in 2 contracts
Samples: Merger Agreement (Applix Inc /Ma/), Merger Agreement (Cognos Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for Section 6.3 and those other covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.X.
Appears in 2 contracts
Samples: Merger Agreement (Labranche & Co Inc), Merger Agreement (Cowen Group, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument certificate delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall will survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.
Appears in 2 contracts
Samples: Merger Agreement (SMART Global Holdings, Inc.), Merger Agreement (SMART Modular Technologies (WWH), Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIX, which covenants and agreements shall survive the Effective Time in accordance with their terms.
Appears in 2 contracts
Samples: Merger Agreement (Healthequity, Inc.), Merger Agreement (Wageworks, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, and other agreements, shall survive the Effective TimeClosing, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIClosing.
Appears in 2 contracts
Samples: Combination Agreement (Hexion Specialty Chemicals, Inc.), Combination Agreement (Momentive Performance Materials Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein that which by their terms apply or are to be performed performed, in whole or in part part, after the Effective Time and this Article VIIITime.
Appears in 1 contract
Samples: Merger Agreement (Assurant Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Sections 1.9(d), 5.5(c) and 5.7) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part at or after the Effective Time and (ii) this Article VIIIIX.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements of the parties in this Agreement or in any instrument delivered by the parties pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including, without limitation those included in Section 5.06) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (German American Bancorp, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for Section 4.12 and those other covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII7.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed set forth in whole or in part after the Effective Time and this Article VIII.II and
Appears in 1 contract
Samples: Merger Agreement (Hancock John Financial Services Inc)
Non-Survival of Representations, Warranties and Agreements. None of ---------------------------------------------------------- the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Section 5.8) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, agreements and other agreementsprovisions, shall survive the Effective TimeTimes, except for those covenants covenants, agreements and agreements other provisions contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time Times and this Article VIII9.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, and the other agreements and documents contemplated to be delivered in connection herewith, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part at or after the Effective Time and (ii) this Article VIII.X.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, and other agreements, shall survive the Effective Time, except for Section 6.11 and those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 1 contract
Samples: Arrangement Agreement (Magnum Hunter Resources Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIARTICLE IX.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, which shall terminate in accordance with its terms), including any rights arising out of any breach of such representations, warranties, covenants covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 1 contract
Samples: Merger Agreement (Walden Vc Ii L P)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, agreements and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time Time, Section 4.04 and this Article VIIIVII.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (First Commonwealth Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this AgreementAgreement (other than the Option Agreements, which shall terminate in accordance with their terms), including any rights arising out of any breach of such representations, warranties, covenants covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIIX.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective TimeClosing, except for (a) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part at or after the Effective Time Closing and then only to such extent and (b) this Article VIIIARTICLE IX.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, agreements and other agreementsprovisions, shall will survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time Time, Section 4.06 and this Article VIIIVII.
Appears in 1 contract
Samples: Merger Agreement (Utg Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective TimeClosing, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time Closing (including Article VIII) and this Article VIIIIX.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein that which by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for Section 4.11 and those other covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII7.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for Section 4.10 and those other covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII8.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for Section 6.6 and for those other covenants and agreements contained herein and therein in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements of the parties in this Agreement or in any instrument delivered by the parties pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including without limitation those included in Section 5.08) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.Time. 57
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, Time except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.X.
Appears in 1 contract
Samples: Merger Agreement (Seranova Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time (which covenants and this Article VIIIagreements shall survive until fully performed in accordance with their terms).
Appears in 1 contract
Samples: Transaction Agreement (TAL International Group, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 covenants, agreements and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIVII.
Appears in 1 contract
Samples: Merger Agreement (Tenthgate Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime, specifically including, but not limited to, the agreements set forth in Section 6.11.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein that which by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, Agreement shall survive the Effective Time, except for Section 6.7 and for those other covenants and agreements contained herein and therein in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIITime.
Appears in 1 contract
Samples: Merger Agreement (Pma Capital Corp)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for (a) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and (b) this Article VIII.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or other 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 or other agreements, shall survive the Effective Time, except (i) for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time Time, and (ii) for this Article VIII.
Appears in 1 contract
Samples: Merger Agreement (HPSC Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall will survive the Effective Time, except for those covenants and agreements contained herein in this Agreement and therein such other instruments that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIIIXI.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, Agreement including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective TimeDate, except for those covenants and agreements contained herein and therein (including Section 5.6) that by their terms apply or are to be performed in whole or in part after the Effective Time Date and this Article VIII.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other 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 other agreements, shall survive the Effective Time, except for those Section 6.2 and any other covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.X.
Appears in 1 contract
