Common use of Non-Survival of Representations, Warranties, Covenants and Agreements Clause in Contracts

Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Date, except for (a) those covenants and agreements that by their terms contemplate performance after the Effective Date or otherwise expressly by their terms survive the Effective Date and (b) those contained in this Article IX, which, in each case, shall survive in accordance with its terms and conditions.

Appears in 3 contracts

Samples: Acquisition Agreement (NCR Corp), Acquisition Agreement (Cardtronics PLC), Acquisition Agreement (Cardtronics PLC)

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Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective DateTime, except for (a) those covenants and agreements contained herein that by their terms contemplate performance apply or are to be performed in whole or in part after the Effective Date or otherwise expressly by their terms survive the Effective Date Time and (b) those contained in this Article IX, which, in each case, shall . The Confidentiality Agreement will survive termination of this Agreement in accordance with its terms and conditionsterms.

Appears in 2 contracts

Samples: Merger Agreement (Provention Bio, Inc.), Merger Agreement (Acceleron Pharma Inc)

Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective DateTime, except for (a) those covenants and agreements that contained herein which by their terms contemplate performance apply or are to be performed in whole or in part after the Effective Date or otherwise expressly by their terms survive the Effective Date Time and (b) those contained in this Article IXX, which, in each case, shall survive in accordance with its terms and conditions.

Appears in 1 contract

Samples: Merger Agreement (Diamond Resorts International, Inc.)

Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective DateTime, except for (a) those covenants and agreements contained herein that by their terms contemplate performance apply or are to be performed in whole or in part after the Effective Date or otherwise expressly by their terms survive the Effective Date Time and (b) those contained in this Article IX, which, in each case, shall VIII. The Confidential Disclosure Agreements will survive termination of this Agreement in accordance with its terms and conditionsterms.

Appears in 1 contract

Samples: Merger Agreement (Paratek Pharmaceuticals, Inc.)

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Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective DateTime, except for (a) those covenants and agreements contained herein that by their terms contemplate performance apply or are to be performed in whole or in part after the Effective Date or otherwise expressly by their terms survive the Effective Date Time and (b) those contained in this Article IX, which, in each case, shall VIII. The Confidential Disclosure Agreement will survive termination of this Agreement in accordance with its terms and conditionsterms.

Appears in 1 contract

Samples: Merger Agreement (Radius Health, Inc.)

Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective DateTime, except for (a) those covenants and agreements that by their terms contemplate performance after the Effective Date Time or otherwise expressly by their terms survive the Effective Date Time and (b) those contained in this Article IX, which, in each case, shall survive in accordance with its terms and conditions.

Appears in 1 contract

Samples: Agreement and Plan of Merger (ADT Corp)

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