Common use of Nonsurvival of Representations and Warranties Clause in Contracts

Nonsurvival of Representations and Warranties. The respective representations and warranties of the Company, Acquisition LLC and the Fund contained in this Agreement or in any instrument delivered pursuant to this Agreement shall expire with, and be terminated and extinguished upon, the Effective Time. This Section 9.1 shall have no effect upon any other obligations of the Parties, whether to be performed before or after the consummation of the Merger. Each Party agrees that, except for the representations and warranties contained in this Agreement, neither the Company, Acquisition LLC nor the Fund makes any other representations or warranties, and each hereby disclaims any other representations and warranties made by itself or any of its officers, directors, employees, agents, financial and legal advisors or other representatives, with respect to the execution and delivery of this Agreement or the transactions contemplated hereby, notwithstanding the delivery or disclosure to the other or the other’s representatives of any documentation or other information with respect to any one or more of the foregoing.

Appears in 36 contracts

Samples: Merger Agreement (U S Restaurant Properties Inc), Merger Agreement (U S Restaurant Properties Inc), Merger Agreement (U S Restaurant Properties Inc)

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Nonsurvival of Representations and Warranties. The respective representations and warranties of the Company, Acquisition LLC Company Parties and the Fund Buyer Parties contained in this Agreement or in any instrument instrument, document or certificate delivered pursuant to this Agreement shall expire with, and be terminated and extinguished upon, the Company Merger Effective Time. This Section 9.1 shall have no effect upon any other obligations of the Partiesparties hereto, whether to be performed before or after the consummation of the MergerMergers. Each Party party hereto agrees that, except for the representations and warranties contained in this AgreementAgreement or in any such instrument, document or certificate, neither the Company, Acquisition LLC any Company Party nor the Fund Parent makes any other representations or warranties, and each hereby disclaims any other representations and warranties made by itself or any of its officers, directors, employees, agents, financial and legal advisors or other representatives, with respect to the execution and delivery of this Agreement or the transactions contemplated hereby, notwithstanding the delivery or disclosure to the other or the other’s representatives of any documentation or other information with respect to any one or more of the foregoing.

Appears in 2 contracts

Samples: Merger Agreement (Trustreet Properties Inc), Merger Agreement (Trustreet Properties Inc)

Nonsurvival of Representations and Warranties. The respective representations and warranties of the Company, Acquisition LLC Company and the Fund CNLRP contained in this Agreement or in any instrument delivered pursuant to this Agreement shall expire with, and be terminated and extinguished upon, the Effective Time. This Section 9.1 shall have no effect upon any other obligations of the Partiesparties hereto, whether to be performed before or after the consummation of the Merger. Each Party party hereto agrees that, except for the representations and warranties contained in this Agreement, neither the Company, Acquisition LLC Company nor the Fund CNLRP makes any other representations or warranties, and each hereby disclaims any other representations and warranties made by itself or any of its officers, directors, employees, agents, financial and legal advisors or other representatives, with respect to the execution and delivery of this Agreement or the transactions contemplated hereby, notwithstanding the delivery or disclosure to the other or the other’s representatives of any documentation or other information with respect to any one or more of the foregoing.

Appears in 2 contracts

Samples: Merger Agreement (U S Restaurant Properties Inc), Merger Agreement (CNL Restaurant Properties Inc)

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Nonsurvival of Representations and Warranties. The respective representations and warranties of the Company, Acquisition LLC Company and the Fund Buyer contained in this Agreement or in any instrument delivered pursuant to this Agreement shall expire with, and be terminated and extinguished upon, the Effective Time. This This Section 9.1 shall have no effect upon any other obligations of the Partiesparties hereto, whether to be performed before or after the consummation of the Merger. Each Party party hereto agrees that, except for the representations and warranties contained in this Agreement, neither the Company, Acquisition LLC Company nor the Fund Buyer makes any other representations or warranties, and each hereby disclaims any other representations and warranties made by itself or any of its officers, directors, employees, agents, financial and legal advisors or other representatives, with respect to the execution and delivery of this Agreement or the transactions contemplated hereby, notwithstanding the delivery or disclosure to the other or the other’s 's representatives of any documentation or other information with respect to any one or more of the foregoing.

Appears in 1 contract

Samples: Merger Agreement (Captec Net Lease Realty Inc)

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