Common use of Non-Survival Clause in Contracts

Non-Survival. None of the representations, warranties, covenants and other agreements in this Agreement shall survive the Effective Time, except for those covenants, and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article 9.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Kirby Corp), Agreement and Plan of Merger (K-Sea Transportation Partners Lp)

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Non-Survival. None of the representations, warranties, covenants and other agreements in 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 that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article 9.

Appears in 2 contracts

Samples: Support Agreement (Castlewood Holdings LTD), Support Agreement (Enstar Group Inc)

Non-Survival. None of the representations, warranties, covenants and other or agreements in this Agreement or in any certificate or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement in accordance with ARTICLE 10, except for those covenants, and agreements that any covenant or agreement contained herein in this Agreement that by their its terms apply or are is required to be performed in whole or in part after the Effective Time and this Article 9shall survive the Effective Time to the extent so required to be performed after the Effective Time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Packaging Corp of America)

Non-Survival. None of the The representations, warranties, warranties and ------------ covenants and other agreements made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 1.3, Section 1.9, Section 1.12, Article II, Section 5.5, Section 5.6 and Section 8.9 shall survive the Effective Time, Time indefinitely (except for those covenants, and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article 9extent a shorter period of time is explicitly specified therein).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ivi Checkmate Corp)

Non-Survival. None of the representationsrepresentations and warranties contained in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Limited Guarantees, warrantieswhich shall survive in accordance with their terms) shall survive the Effective Time. Except for any covenant or agreement that by its terms contemplates performance after the Effective Time in whole or in part, none of the covenants and other agreements of the parties contained in this Agreement shall survive the Effective Time, except for those covenants, and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article 9.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cubic Corp /De/)

Non-Survival. None of the representations, warranties, covenants and other agreements in this Agreement shall survive the Effective Time, except for those covenants, covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article 9Time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Artemis International Solutions Corp)

Non-Survival. None of the representations, warranties, covenants and other agreements made by the Parties in this Agreement shall survive the Effective Time, except for those covenants, and covenants or agreements contained herein that in this Agreement which by their terms apply or are to be performed in whole or in part after the Effective Time and this Article 9Time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Community Financial Shares Inc)

Non-Survival. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants, agreements and agreements other provisions contained herein in this Agreement that by their terms continue to apply or are to be performed in whole or in part after the Effective Time and this Article 9Time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (180 Connect Inc.)

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Non-Survival. None of the representations, ------------ warranties, covenants and other agreements in this Agreement shall survive the Effective Time, except for those covenants, covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article 9Time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tucson Electric Power Co)

Non-Survival. None of the representations, warranties, covenants and other agreements in this Agreement shall survive the Effective Time, except for those covenants, covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time Time, including the covenants contained in Section 6.04, Section 6.05 and this Article 9Section 9.14.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Soundbite Communications Inc)

Non-Survival. None of the representations, warranties, covenants and other or agreements in this Agreement or in any certificate or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement in accordance with ARTICLE X, except for those covenants, and agreements that any covenant or agreement contained herein in this Agreement that by their its terms apply or are is required to be performed in whole or in part after the Effective Time and this Article 9shall survive the Effective Time to the extent so required to be performed after the Effective Time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vocus, Inc.)

Non-Survival. None of the representations, warranties, covenants and other agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants, the covenants and agreements contained herein in this Agreement that by their express terms apply or are to be performed in whole or in part after the Effective Time and this Article 9Time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Safeway Inc)

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