Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.05, 7.06, 7.08, 7.09 and 7.10, this Article X which shall survive the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Eastern Edison Co), Merger Agreement (New England Electric System), Merger Agreement (Eastern Utilities Associates)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or and in any instrument certificate delivered pursuant to this Agreement shall not survive the Merger but hereto shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 9.01, as the case may be, except for that the agreements contained set forth in Article I Articles II and Article II, in III and Sections 7.05, 7.06, 7.08, 7.09 7.04 and 7.10, 7.07 and this Article X which shall survive the Effective Time, and except that the agreements set forth in Sections 9.02 and 9.03 and this Article X shall survive the termination of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (HLTH Corp), Agreement and Plan of Merger (WebMD Health Corp.), Agreement and Plan of Merger (WebMD Health Corp.)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I III and Article II, in Sections 7.01(b), 7.01(c), 7.05, 7.06, 7.07 and 7.08, 7.09 and 7.10, this Article X which shall survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Ask Asa), Merger Agreement (Proxima Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I II and Article II, in Sections 7.056.01(b), 7.066.05, 7.086.07, 7.09 6.09, 6.10, 6.11, and 7.106.12, this Article X which shall survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Fpa Medical Management Inc), Merger Agreement (Ahi Healthcare Systems Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.06, 7.066.07 and 6.08, 7.08, 7.09 and 7.10, this Article X which shall survive the Effective TimeIX.
Appears in 2 contracts
Samples: Merger Agreement (Alpnet Inc), Merger Agreement (Alpnet Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger Closing Date but shall terminate at the Effective TimeClosing, except for the agreements contained in Article I Sections 7.01, 7.03, 7.04 and Article II, 7.05 and in Sections 7.05, 7.06, 7.08, 7.09 and 7.10, this Article X which shall survive the Effective Time.X.
Appears in 2 contracts
Samples: Subscription Agreement (Vertex Industries Inc), Subscription Agreement (Midmark Capital Lp)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I II and Article IIIII, in Sections 7.057.07, 7.06, 7.08, 7.08 and 7.09 and 7.10, this Article X XI, which shall survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Kash N Karry Food Stores Inc), Merger Agreement (Food Lion Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.08, 7.066.09, 7.08, 7.09 6.10 and 7.106.11, this Article X IX and the agreements of the "affiliates" of Inprise delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Inprise Corp), Merger Agreement (Inprise Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.08, 7.06, 7.08, 7.09 6.09 and 7.106.10, this Article X IX and the agreements of the "affiliates" of the Company delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The None of the representations, warranties, covenants and agreements contained in this Agreement or and in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.05, 7.06, 7.08, 7.09 and 7.10, this Article X which hereto shall survive the Effective Time except for those covenants and agreements (i) contained in Article II, Article III, Section 7.04(b), Section 7.05, Section 9.03 and this Article X) and (iii) that by their terms are to be performed in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Merger Agreement (Global-Tech Advanced Innovations Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.09, 7.06, 7.08, 7.09 6.10 and 7.106.11, this Article X IX and the agreements of the "affiliates" of Grizzly delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.07, 7.066.08, 7.086.09, 7.09 6.10, 6.11 and 7.106.13, this Article X IX and the agreements of the "affiliates" of the Company delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or and in any instrument delivered pursuant to this Agreement shall not survive the Merger but hereto shall terminate at the Effective Time, except for the those covenants and agreements contained in Article I and this Agreement (including Article II, in Sections Article III, Section 7.05, 7.06, 7.08, 7.09 Section 7.06 and 7.10, this Article X which shall survive X) that by their terms are to be performed in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Merger Agreement (Johnson & Johnson)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article Articles I, II, in Sections 7.05IX, 7.06X, 7.08and XII, 7.09 and 7.10, this Article X which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in the last sentence of Section 6.01 and in Sections 7.056.08, 7.06, 7.08, 7.09 6.09 and 7.10, 6.11and this Article X IX and the agreements of the "affiliates" of SoftQuad delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 1 contract
Samples: Merger Agreement (Corel Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.06, 7.066.08, 7.086.09, 7.09 6.10, 6.11 and 7.10, 6.12 and this Article X IX and the agreements of the "affiliates" of Micrografx delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 1 contract
Samples: Merger Agreement (Corel Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I II and Article II, in Sections 7.056.01(b), 7.066.06, 7.086.07, 7.09 6.08 and 7.106.09, this Article X which shall survive the Effective Time.
Appears in 1 contract
Samples: Merger Agreement (Geodynamics Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I II and Article IIIII, in Sections 7.05, 7.06, 7.087.07, 7.09 7.08 and 7.10, 7.10 and this Article X X, which shall survive the Effective Time.
Appears in 1 contract
Samples: Merger Agreement (Carson Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.06, 7.066.08, 7.086.09, 7.09 6.10 and 7.106.12, this Article X IX and the agreements of the "affiliates" of the Company delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 1 contract
Samples: Merger Agreement (Telescan Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I II and Article II, in Sections 7.051.07, 7.066.01(b), 7.086.06, 7.09 6.07 and 7.106.10, this Article X which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The None of the representations, warranties, covenants and agreements contained in this Agreement or and in any instrument delivered pursuant to this Agreement hereto shall not survive the Merger but shall terminate at the Effective Time, except for the those covenants and agreements (i) contained in Article I and Article II, in Sections Article III, Section 7.05, 7.06, 7.08, 7.09 and 7.10, this Article X which shall survive and (ii) that by their terms are to be performed in whole or in part after the Effective TimeTime or termination of this Agreement, as applicable.
Appears in 1 contract
Samples: Merger Agreement (SYSWIN Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.05, 7.066.06, 7.086.07, 7.09 6.08, 6.10 and 7.10, 6.11 and this Article X IX and the last sentence of Section 6.01, which shall survive the Effective Time.
Appears in 1 contract