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 Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Medytox Solutions, Inc.), Agreement and Plan of Merger (CollabRx, Inc.), Agreement and Plan of Merger (Amtech Systems Inc)
Non-Survival of Representations, Warranties and Agreements. None Except for Sections 6.7 and 6.11 and any provision of this ARTICLE IX to the extent it is related to a claim under Section 6.7 or Section 6.11, 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 (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IXTime.
Appears in 4 contracts
Samples: Agreement and Plan of Amalgamation, Amalgamation Agreement (Genesis Lease LTD), Agreement and Plan of Amalgamation (AerCap Holdings N.V.)
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 Article I Section 7.8 (Directors’ and Article II, Section 6.6, Section 6.7, Section 6.8 Officers’ Indemnification and Section 6.14Insurance)) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.X.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Progenics Pharmaceuticals Inc), Agreement and Plan of Merger (Lantheus Holdings, Inc.), Agreement and Plan of Merger (Lantheus Holdings, 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 Article I Section 6.9) (Directors’ and Article II, Section 6.6, Section 6.7, Section 6.8 Officers’ Indemnification and Section 6.14Insurance) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cme Group Inc.), Agreement and Plan of Merger (Nymex Holdings 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 (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 5.6 and Section 6.145.9) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IXVIII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cnet Networks Inc), Agreement and Plan of Merger (Adaptive Broadband Corp)
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 covenants, agreements, and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements, and agreements other provisions contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IXIX (including without limitation Section 5.6).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Horizon Offshore Inc), Agreement and Plan of Merger (Cal Dive 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 (i) those covenants and agreements contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms apply or are to be performed in whole or in part after the Effective Time Time, including without limitation, Article II and Sections 6.3, 6.6, 6.7, 6.11 and 6.12 of this Agreement and (ii) this Article IX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (General Growth Properties Inc), Agreement and Plan of Merger (Rouse Company)
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 (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 6.2 and Section 6.14Schedule 6.2(a)) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (America Online Inc), Agreement and Plan of Merger (Time Warner 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 Article I and Article II, Section 6.6, Section 6.7, Section 6.8 (Directors’ and Section 6.14Officers’ Indemnification and Insurance)) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cme Group Inc.), Agreement and Plan of Merger (GFI 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 Article I and Article II, Section 6.6, Section 6.7, Section 6.8 (Directors' and Section 6.14Officers' Indemnification and Insurance)) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 2 contracts
Samples: Iii Agreement and Plan of Merger (Jersey Partners Inc.), Iii Agreement and Plan of Merger (Jersey Partners 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, 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 (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) 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 IX.
Appears in 1 contract
