Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties which by their terms apply, or are to be performed in whole or in part, after the Effective Time.
Appears in 76 contracts
Samples: Merger Agreement (Lumos Pharma, Inc.), Merger Agreement (Rain Oncology Inc.), Merger Agreement (Jounce Therapeutics, Inc.)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. Except for any covenant or agreement that by its terms contemplates performance after the Effective Time, other than those none of the covenants or and agreements of the parties which by their terms apply, or are to be performed in whole or in part, after contained this Agreement shall survive the Effective Time.
Appears in 12 contracts
Samples: Merger Agreement (ExOne Co), Merger Agreement (Desktop Metal, Inc.), Merger Agreement (Teledyne Technologies Inc)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties which by their terms apply, or are to be performed in as a whole or in part, after the Effective Time.
Appears in 9 contracts
Samples: Merger Agreement (Knowles Corp), Merger Agreement (Audience Inc), Merger Agreement (Ingredion Inc)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, Time (other than those covenants or agreements of the parties which by their terms apply, or are to be performed in whole or in part, after the Effective Time).
Appears in 7 contracts
Samples: Merger Agreement (ATN International, Inc.), Merger Agreement (Alaska Communications Systems Group Inc), Merger Agreement (Alaska Communications Systems Group Inc)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties which by their express terms apply, or are to be performed in whole or in part, after the Effective Time.
Appears in 5 contracts
Samples: Merger Agreement (Iberiabank Corp), Merger Agreement (Iberiabank Corp), Merger Agreement (Iberiabank Corp)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than except for those covenants or and agreements of the parties contained herein and therein which by their terms apply, or are to be performed apply in whole or in part, part after the Effective TimeTime or to a termination of this Agreement.
Appears in 5 contracts
Samples: Merger Agreement (Bank Holdings), Merger Agreement (Western Sierra Bancorp), Merger Agreement (1st Pacific Bancorp)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, other than except for those covenants or and agreements of the parties which contained herein and therein (including Section 5.06) that by their terms apply, apply or are to be performed in whole or in part, part after the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Image Entertainment Inc), Agreement and Plan of Merger (BTP Acquisition Company, LLC), Agreement and Plan of Merger (Image Entertainment Inc)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or and agreements in this Agreement or in any instrument delivered pursuant to this Agreement Agreement, nor any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, other than except for those covenants or and agreements of the parties which contained herein and therein that by their terms apply, apply or are to be performed in whole or in part, part after the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Shenandoah Telecommunications Co/Va/), Merger Agreement (Ntelos Holdings Corp.), Merger Agreement (Pre Paid Legal Services Inc)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or covenants, and agreements in this Agreement or in any exhibit, schedule, or instrument delivered pursuant to this Agreement shall survive beyond the Effective Time, other than except for those covenants or and agreements of the parties which contained herein and therein that by their terms apply, apply or are to be performed in whole or in part, part after the Effective Time and this Article X. This Section 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Texas Instruments Inc), Merger Agreement (Integrated Sensor Solutions Inc), Merger Agreement (Texas Instruments Inc)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants covenants, obligations or agreements in this Agreement or in any certificate or instrument delivered pursuant to this Agreement Agreement, including any rights arising out of any breach of such representations, warranties, covenants, obligations or agreements shall survive the Effective Time, other than those covenants or agreements of the parties which by their terms 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 (JR Resources Corp.), Subscription Agreement (Dakota Territory Resource Corp), Merger Agreement (Red Lion Hotels CORP)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties which that by their terms apply, or are to be performed in whole or in part, after the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Contango Oil & Gas Co), Merger Agreement (Mid-Con Energy Partners, LP), Merger Agreement (Contango Oil & Gas Co)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties hereto which by their terms apply, or are to be performed in whole or in part, after the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Planar Systems Inc), Merger Agreement (Stec, Inc.), Merger Agreement (Stec, Inc.)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements representations and warranties set forth in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time, other than except for those covenants or and agreements of the parties contained herein and therein which by their terms apply, apply or are to be performed in whole or in part, part after the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (National Atlantic Holdings Corp), Merger Agreement (National Atlantic Holdings Corp)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or 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, other than except for those covenants or and agreements of the parties which contained herein and therein that by their terms apply, apply or are to be performed in whole or in part, part after the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Carters Inc), Merger Agreement (Oshkosh B Gosh Inc)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements representations and warranties contained in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. Except for any covenant or agreement that by its terms contemplates performance after the Effective Time, other than those none of the covenants or and agreements of the parties which by their terms apply, or are to be performed in whole or in part, after contained this Agreement shall survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Nextera Energy Inc), Merger Agreement (Hawaiian Electric Co Inc)
Nonsurvival of Representations and Warranties. None of the --------------------------------------------- representations, warranties, covenants or and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than except for those covenants or and agreements of the parties contained herein and therein which by their terms apply, or are to be performed apply in whole or in part, part after the Effective Time, including without limitations those covenants and agreements contained in the Confidentiality Agreements.
Appears in 2 contracts
Samples: Merger Agreement (Lernout & Hauspie Speech Products Nv), Merger Agreement (Lernout & Hauspie Speech Products Nv)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Initial Effective Time, other than those covenants or agreements of the parties which that by their terms apply, or are to be performed in whole or in part, after the Initial Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (CSI Compressco LP), Merger Agreement (CSI Compressco LP)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument document delivered pursuant to this Agreement shall survive the Effective Time, other than except for those representations, warranties, covenants or agreements of the parties which that by their terms apply, apply or are to be performed performed, in whole or in part, after the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (National Healthcare Corp), Merger Agreement (National Health Realty Inc)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement (other than those set forth in Section 3.24 and Section 4.12 hereof) or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties which 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 (Forterra, Inc.)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties which by their terms apply, or are to be performed in whole or in part, after the Effective Time, which shall survive in accordance with their respective terms. Notwithstanding anything to the contrary set forth in this Agreement, no party to this Agreement shall be precluded from bringing a claim for Fraud.
Appears in 1 contract
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties which by their terms apply, or are to be performed performed, in whole or in part, after the Effective Time.
Appears in 1 contract
Nonsurvival of Representations and Warranties. None of the --------------------------------------------- representations, warranties, covenants or and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than except for those covenants or and agreements of the parties contained herein and therein which by their terms apply, or are to be performed apply in whole or in part, part after the Effective TimeTime or to a termination of this Agreement.
Appears in 1 contract
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement (other than those set forth in Sections 3.23 and 4.12 (No Other Representations) hereof) or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties which 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 (Foundation Building Materials, Inc.)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants covenants, or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties which by their terms apply, or are to be performed in whole or in part, after the Effective Time.
Appears in 1 contract
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties Parties which by their terms apply, or are to be performed in whole or in part, after the Effective Time.
Appears in 1 contract
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than except for those covenants or and agreements of the parties contained herein and therein which by their terms apply, or are to be performed apply in whole or in part, part after the Effective Time.
Appears in 1 contract
Samples: Merger Agreement (Kurzweil Applied Intelligence Inc /De/)
Nonsurvival of Representations and Warranties. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, other than those covenants or agreements of the parties hereto which by their terms apply, or are to be performed in whole or in part, after the Effective Time. The Confidentiality Agreement will survive termination of this Agreement in accordance with its terms.
Appears in 1 contract
