Non-Survival. None of the representations, warranties, covenants or agreements contained herein or in any certificate, instrument, document or other writing delivered pursuant hereto shall survive the Effective Time, except for those covenants and agreements of the parties contained herein 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: Agreement and Plan of Merger (Hewlett Packard Enterprise Co), Agreement and Plan of Merger (Juniper Networks Inc), Agreement and Plan of Merger (Aveo Pharmaceuticals, Inc.)
Non-Survival. None of the representations, warranties, covenants or and agreements contained herein or in any certificate, instrument, document or other writing delivered pursuant hereto this Agreement shall survive the Effective Time, except for those covenants and or agreements of the parties contained herein that which by their terms expressly apply or are to be performed in whole or in part after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (First Community Financial Partners, Inc.), Agreement and Plan of Merger (First Community Financial Partners, Inc.), Agreement and Plan of Merger (BankFinancial CORP)
Non-Survival. None of the representations, warranties, covenants or and agreements contained herein in this Agreement or in any certificate, instrument, document or other writing instrument delivered pursuant hereto 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 of the parties contained herein that by their terms expressly 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: Agreement and Plan of Merger (Scana Corp), Agreement and Plan of Merger (Transcanada Corp), Agreement and Plan of Merger (Columbia Pipeline Group, Inc.)
Non-Survival. None of the representations, warranties, covenants or and agreements contained herein in this Agreement or in any certificate, instrument, document or other writing instrument delivered pursuant hereto 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 of the parties contained herein that by their terms expressly 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: Agreement and Plan of Merger (Marlin Business Services Corp), Agreement and Plan of Merger (Amber Road, Inc.)
Non-Survival. None of the representations, warranties, covenants or and agreements contained herein or in any certificate, instrument, document or other writing instrument delivered pursuant hereto to this Agreement shall survive the Effective Time, except for those covenants and agreements that any covenant or agreement of the parties contained Parties herein that by their its terms expressly apply or are to be performed 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: Agreement and Plan of Merger (Petrohawk Energy Corp), Agreement and Plan of Merger (BHP Billiton LTD)
Non-Survival. None of the representations, warranties, covenants or and agreements contained herein in this Agreement or in any certificate, instrument, document or other writing certificate delivered pursuant hereto to this Agreement shall survive the Effective Time and shall expire upon the occurrence of the Effective Time, except for those covenants and agreements of the parties contained herein that and therein which by their terms expressly apply or are to be performed in whole or in part after the Effective TimeTime and then only to such extent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Waitr Holdings Inc.), Agreement and Plan of Merger (Landcadia Holdings, Inc.)
