Common use of Non-Survival Clause in Contracts

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 and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (b) those contained in this Article IX.

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 and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (b) those contained in this Article IXARTICLE VIII.

Non-Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument instrument, document or certificate delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, Agreement shall survive the Effective Time and shall expire upon the occurrence of the Effective Time, except for (a) those covenants and agreements contained herein that and therein which by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) those contained in this Article IXthen only to such extent.

Non-Survival. 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 (a) 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 (b) those contained in this Article IX.

Non-Survival. None of the representations, warranties, covenants and or 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 TimeClosing, except for (a) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time Closing and (b) those contained in this Article IX9.

Non-Survival. 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 agreements, shall survive the Effective Time, except for (a) 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 (b) those contained in this Article IX9.

Non-Survival. None of the representations, warranties, covenants 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 covenants, and agreements, shall survive the Effective Timedate when made, whether such date is the Closing Date or a Contribution Date, as applicable, except for (a) 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 such date and (b) those contained in this Article IXVI.

Non-Survival. None of the representations, warranties, covenants and or 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 TimeClosing, except for (a) the representations and warranties set forth in Section 3.6(d), those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time Closing, Section 5.5(d) and (b) those contained in this Article IX9.

Non-Survival. None of the representations, warranties, covenants representations and agreements warranties contained in this Agreement or in any instrument delivered pursuant to this AgreementAgreement (other than the Limited Guarantees, including any rights arising out of any breach of such representations, warranties, covenants and agreements, which shall survive in accordance with their terms) shall survive the Effective Time, except . Except for (a) those covenants and agreements contained herein any covenant or agreement that by their its terms apply or are to be performed contemplates performance after the Effective Time in whole or in part after part, none of the Effective Time covenants and (b) those agreements of the parties contained in this Article IXAgreement shall survive the Effective Time.

Non-Survival. None of the representations, warranties, covenants and agreements set forth 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, Agreement shall survive the Effective Time, except for (a) those 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 (b) those contained in this Article IXTime.

Non-Survival. None of the representations, warranties, covenants and or agreements in this Agreement or in any instrument certificate or other document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, Agreement shall survive the Effective TimeTime or the termination of this Agreement in accordance with ARTICLE 10, except for (a) 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 (b) those contained in this Article IXshall survive the Effective Time to the extent so required to be performed after the Effective Time.

Non-Survival. 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 agreements, shall survive the Effective Time, except for (a) 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 (b) those contained in this Article IXTime.

Non-Survival. None of the representations, warranties, covenants and or agreements in this Agreement or in any instrument certificate or other document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, Agreement shall survive the Effective TimeTime or the termination of this Agreement in accordance with ARTICLE X, except for (a) 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 (b) those contained in this Article IXshall survive the Effective Time to the extent so required to be performed after the Effective Time.

Non-Survival. None of the representations, warranties, covenants and agreements made by the Parties 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 and 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 (b) those contained in this Article IXTime.

Non-Survival. 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 agreements, shall survive the Effective Time, except for (a) 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 (b) those contained in this Article IXTime.

Non-Survival. 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 agreements, Agreement shall survive the Effective Time, except for (a) those covenants 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 (b) those contained in this Article IXTime.