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Common use of Non-Survival Clause in Contracts

Non-Survival. None of the representations, warranties, covenants and agreements in this Agreement shall survive the Effective Time, except for those covenants or agreements contained herein which by their terms apply in whole or in part after the Effective Time.

Appears in 3 contracts

Samples: Merger Agreement (First Community Financial Partners, Inc.), Merger Agreement (First Community Financial Partners, Inc.), Merger Agreement (BankFinancial CORP)

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Non-Survival. 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 Time, except for (a) those covenants or and agreements contained herein which that by their terms apply or are to be performed in whole or in part after the Effective TimeTime and (b) those contained in this Article VIII.

Appears in 3 contracts

Samples: Merger Agreement (Scana Corp), Merger Agreement (Transcanada Corp), Merger Agreement (Columbia Pipeline Group, Inc.)

Non-Survival. None of the representations, warranties, covenants and or agreements contained herein or in this Agreement any certificate, instrument, document or other writing delivered pursuant hereto shall survive the Effective Time, except for those covenants or and agreements of the parties contained herein which that by their terms expressly apply or are to be performed in whole or in part after the Effective Time.

Appears in 3 contracts

Samples: Merger Agreement (Juniper Networks Inc), Merger Agreement (Hewlett Packard Enterprise Co), Merger Agreement (Aveo Pharmaceuticals, Inc.)

Non-Survival. 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 Time, except for (a) those covenants or and agreements contained herein which that by their terms apply or are to be performed in whole or in part after the Effective TimeTime and (b) those contained in this Article IX.

Appears in 2 contracts

Samples: Merger Agreement (Marlin Business Services Corp), Merger Agreement (Amber Road, Inc.)

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 or agreements contained herein which by their terms apply in whole or in part after the Effective Time.

Appears in 2 contracts

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

Non-Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument, document or certificate delivered pursuant to this Agreement shall survive the Effective Time and shall expire upon the occurrence of the Effective Time, except for those covenants or and agreements contained herein and therein which by their terms expressly apply in whole or in part after the Effective TimeTime and then only to such extent.

Appears in 2 contracts

Samples: Merger Agreement (Waitr Holdings Inc.), Merger Agreement (Landcadia Holdings, Inc.)

Non-Survival. None of the representations, warranties, covenants and agreements contained herein or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants that any covenant or agreements contained agreement of the Parties herein which that by their its terms apply in whole or in part contemplates performance after the Effective TimeTime shall survive the Effective Time in accordance with its terms.

Appears in 2 contracts

Samples: Merger Agreement (Petrohawk Energy Corp), Merger Agreement (BHP Billiton LTD)

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

Appears in 2 contracts

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

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

Appears in 1 contract

Samples: Merger Agreement (Artemis International Solutions Corp)

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

Appears in 1 contract

Samples: Merger Agreement (Safeway 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 or and agreements contained herein which that by their terms apply or are to be performed in whole or in part after the Effective Time, including the covenants contained in Section 6.04, Section 6.05 and Section 9.14.

Appears in 1 contract

Samples: Merger Agreement (Soundbite Communications Inc)

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 agreements of the parties contained in this Agreement shall survive the Effective Time, except for those covenants or agreements contained herein which by their terms apply in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Cubic Corp /De/)

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 or covenants, agreements and other provisions contained herein which in this Agreement that by their terms continue to apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (180 Connect Inc.)

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

Appears in 1 contract

Samples: Merger Agreement (Tucson Electric Power Co)

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

Appears in 1 contract

Samples: Merger Agreement (Community Financial Shares Inc)