Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 84 contracts
Samples: Agreement and Plan of Merger (Home Federal Bancorp, Inc. Of Louisiana), Agreement and Plan of Merger (Home Bancorp, Inc.), Agreement and Plan of Merger
Nonsurvival of Representations, Warranties and Agreements. 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 Section 6.6 and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 62 contracts
Samples: Agreement and Plan of Merger (Emclaire Financial Corp), Agreement and Plan of Merger (Emclaire Financial Corp), Agreement and Plan of Merger (BayCom Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.7 and for those other covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 38 contracts
Samples: Agreement and Plan of Merger (FB Financial Corp), Agreement and Plan of Merger (Franklin Financial Network Inc.), Agreement and Plan of Merger (Chemical Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 28 contracts
Samples: Agreement and Plan of Merger (Fidelity National Information Services, Inc.), Agreement and Plan of Merger (Worldpay, Inc.), Agreement and Plan of Merger (Epoch Holding Corp)
Nonsurvival of Representations, Warranties and Agreements. 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 Section 6.7 and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 19 contracts
Samples: Agreement and Plan of Merger (BNC Bancorp), Agreement and Plan of Merger (Crescent Financial Bancshares, Inc.), Agreement and Plan of Merger (Ecb Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Section 6.7 and for those other obligations, covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Allegiance Bancshares, Inc.), Agreement and Plan of Merger (Great Western Bancorp, Inc.), Agreement and Plan of Merger (Cit Group Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein which that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Summit Financial Group, Inc.), Agreement and Plan of Merger (Summit Financial Group, Inc.), Agreement and Plan of Merger (Summit Financial Group Inc)
Nonsurvival of Representations, Warranties and Agreements. 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 and subject to Section 7.5 and Section 9.4 and for those other covenants and agreements contained herein and therein 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 13 contracts
Samples: Agreement and Plan of Merger (Carlyle Secured Lending III), Agreement and Plan of Merger (BlackRock TCP Capital Corp.), Agreement and Plan of Merger (BlackRock Capital Investment Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.7 and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Hancock Whitney Corp), Agreement and Plan of Merger (Midsouth Bancorp Inc), Agreement and Plan of Merger (United Bancorp Inc /Oh/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 11 contracts
Samples: Amalgamation Agreement, Agreement and Plan of Merger (Greenpoint Financial Corp), Transaction Agreement and Plan of Amalgamation (Bank of Bermuda LTD)
Nonsurvival of Representations, Warranties and Agreements. 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 Section 6.8 and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (SWS Group Inc), Agreement and Plan of Merger (Hilltop Holdings Inc.), Agreement and Plan of Merger (Capital One Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.7 and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (First Busey Corp /Nv/), Agreement and Plan of Merger (Crossfirst Bankshares, Inc.), Agreement and Plan of Merger (First Midwest Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Section 6.8 and for those other obligations, covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Camber Energy, Inc.), Agreement and Plan of Merger (Viking Energy Group, Inc.), Agreement and Plan of Merger (Viking Energy Group, Inc.)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.8 and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (TCF Financial Corp), Agreement and Plan of Merger (Huntington Bancshares Inc/Md), Agreement and Plan of Merger (Capital Bank Financial Corp.)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument instrument, document or certificate delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants 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 6 contracts
Samples: Agreement and Plan of Merger (KSW Inc), Agreement and Plan of Merger (Amylin Pharmaceuticals Inc), Assumption Agreement (Bristol Myers Squibb Co)
Nonsurvival of Representations, Warranties and Agreements. 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 Section 6.04 and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (BBCN Bancorp Inc), Agreement and Plan of Merger (BBCN Bancorp Inc), Agreement and Plan of Merger (BBCN Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.. The provisions of Section 6.2(c), Article VIII and Article IX of this Agreement and the Confidentiality Agreement shall survive the termination of this Agreement
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Lakeland Bancorp Inc), Agreement and Plan of Merger (ConnectOne Bancorp, Inc.), Agreement and Plan of Merger (Lakeland Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those the covenants and agreements contained herein and therein which by their terms apply in whole or in part are contemplated to be performed after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (GFS Bancorp Inc), Agreement and Plan of Merger (Fidelity Bankshares Inc), Agreement and Plan of Reorganization (First Federal Bankshares Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than Section 10.3 hereof) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Bancorpsouth Inc), Agreement and Plan of Merger (Bancorpsouth Inc), Agreement and Plan of Merger (Bancorpsouth Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Stock Option Agreement which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Bancorpsouth Inc), Agreement and Plan of Merger (Bancorpsouth Inc), Agreement and Plan of Merger (Bancorpsouth Inc)
Nonsurvival of Representations, Warranties and Agreements. 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 and subject to Section 7.4 and Section 9.4 and for those other covenants and agreements contained herein and therein 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 5 contracts
Samples: Agreement and Plan of Merger (MidCap Financial Investment Corp), Agreement and Plan of Merger (MidCap Financial Investment Corp), Agreement and Plan of Merger (Franklin BSP Lending Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and or therein which by their terms apply in whole or in part after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (North Valley Bancorp), Agreement and Plan of Merger and Reorganization (Trico Bancshares /), Agreement and Plan of Merger (Sterling Financial Corp /Wa/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Section 6.7 and for those other obligations, covenants and agreements contained herein and therein in this Agreement which by their terms apply in whole or in part after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Firstsun Capital Bancorp), Agreement and Plan of Merger (HomeStreet, Inc.), Agreement and Plan of Merger (First Horizon Corp)
Nonsurvival of Representations, Warranties and Agreements. 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 covenants and agreements contained herein and therein which by their terms apply or are to be performed, in whole or in part part, after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (FNB Corp/Fl/), Agreement and Plan of Merger, Agreement and Plan of Merger (FNB Corp/Fl/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.6 and 6.7 and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (People's United Financial, Inc.), Agreement and Plan of Merger (People's United Financial, Inc.), Agreement and Plan of Merger (First Connecticut Bancorp, Inc.)
Nonsurvival of Representations, Warranties and Agreements. 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 covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.for
Appears in 4 contracts
Samples: Agreement and Plan of Merger (First Charter Corp /Nc/), Agreement and Plan of Merger (First Charter Corp /Nc/), Retention Agreement (First Charter Corp /Nc/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time. The provisions of Section 6.02(c), ARTICLE VIII, and ARTICLE IX of this Agreement and the Confidentiality Agreement shall survive the termination of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (ConnectOne Bancorp, Inc.), Agreement and Plan of Merger (First of Long Island Corp), Agreement and Plan of Merger (ConnectOne Bancorp, Inc.)
Nonsurvival of Representations, Warranties and Agreements. 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 and subject to Section 7.5 and Section 9.3 and for those other covenants and agreements contained herein and therein 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 4 contracts
Samples: Agreement and Plan of Merger (GOLUB CAPITAL BDC, Inc.), Agreement and Plan of Merger (Golub Capital BDC 3, Inc.), Agreement and Plan of Merger (FS KKR Capital Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for those set forth in Section 6.7 and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Pacwest Bancorp), Agreement and Plan of Merger (Banc of California, Inc.), Agreement and Plan of Merger (Columbia Banking System, Inc.)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which which, by their terms apply in whole or in part terms, are to be performed after the Effective Time. The Confidentiality Agreement shall survive the execution and delivery of this Agreement but shall terminate and be of no further force and effect as of the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Imagistics International Inc), Agreement and Plan of Merger (Oce N V), Agreement and Plan of Merger (Matthews International Corp)
Nonsurvival of Representations, Warranties and Agreements. 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 the matters set forth in Section 7.6 and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Sierra Income Corp), And Restated Agreement and Plan of Merger (Medley Capital Corp), Agreement and Plan of Merger (Sierra Income Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time. The provisions of Section 6.2(c), Article VIII and Article IX of this Agreement and the Confidentiality Agreement shall survive the termination of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (1st Constitution Bancorp), Agreement and Plan of Merger (1st Constitution Bancorp), Agreement and Plan of Merger (Center Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.8 and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (FNCB Bancorp, Inc.), Agreement and Plan of Merger (LINKBANCORP, Inc.), Agreement and Plan of Merger (Partners Bancorp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective Time, except for those covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Abm Industries Inc /De/), Agreement and Plan of Merger (Dex Media Inc), Agreement and Plan of Merger (R H Donnelley Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ace Comm Corp), Agreement and Plan of Merger (Ace Comm Corp), Agreement and Plan of Merger (I3 Mobile Inc)
Nonsurvival of Representations, Warranties and Agreements. 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 the matters set forth in Section 7.7 and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 4 contracts
Samples: Employment Agreement (Sierra Income Corp), Employment Agreement (Medley Management Inc.), Agreement and Plan of Merger (Medley Management Inc.)
Nonsurvival of Representations, Warranties and Agreements. 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 Section 6.6 and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed, in whole or in part part, after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Numerex Corp /Pa/), Agreement and Plan of Merger (Sierra Wireless Inc), Agreement and Plan of Merger (M&t Bank Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreement which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (North Fork Bancorporation Inc), Agreement and Plan of Merger (Reliance Bancorp Inc), Agreement and Plan of Merger (North Fork Bancorporation Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or other agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those Time (other than agreements or covenants and agreements contained herein and therein which that by their express terms apply in whole or in part are to be performed after the Effective Time, including Sections 2.2, 6.6 and 6.7).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Two River Bancorp), Agreement and Plan of Merger (Oceanfirst Financial Corp), Agreement and Plan of Merger (Oceanfirst Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Option Agreements and the Confidentiality Agreement, which shall terminate in accordance with terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (First Chicago NBD Corp), Agreement and Plan of Reorganization (Banc One Corp /Oh/), Agreement and Plan of Reorganization (Bank One Corp)
Nonsurvival of Representations, Warranties and Agreements. 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 Section 6.7 and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed, in whole or in part part, after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (FNB Corp/Pa/), Agreement and Plan of Merger (FNB Corp/Fl/), Agreement and Plan of Merger (YADKIN FINANCIAL Corp)
Nonsurvival of Representations, Warranties and Agreements. 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 covenants and agreements contained herein and therein which in this Agreement that 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 (Phazar Corp), Agreement and Plan of Merger (Citizens Banking Corp), Agreement and Plan of Merger (Republic Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.6 and for those other covenants and agreements contained herein and therein 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 (SVB Financial Group), Agreement and Plan of Merger (Boston Private Financial Holdings Inc), Agreement and Plan of Merger (Boston Private Financial Holdings Inc)
Nonsurvival of Representations, Warranties and Agreements. 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 First Effective Time, except for and subject to Section 7.3 and for those other covenants and agreements contained herein and therein which in this Agreement that by their express terms apply or are to be performed in whole or in part after the First Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (North Haven Private Income Fund LLC), Agreement and Plan of Merger (SL Investment Corp.), Agreement and Plan of Merger (SL Investment Corp.)
Nonsurvival of Representations, Warranties and Agreements. 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 Sections 5.9 and 5.10 and for those other covenants and agreements contained herein and therein 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 3 contracts
Samples: Agreement and Plan of Merger (Frischs Restaurants Inc), Agreement and Plan of Merger (Kroger Co), Agreement and Plan of Merger (Harris Teeter Supermarkets, Inc.)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any exhibit, schedule or instrument delivered pursuant to this Agreement shall survive beyond the Effective Time, except for those covenants and agreements contained herein and therein which that by their terms apply or are to be performed in whole or in part after the Effective TimeTime and this Article 10.
Appears in 3 contracts
Samples: Amended Agreement and Plan of Merger (Mid Atlantic Realty Trust), Agreement and Plan of Merger (Kimco Realty Corp), Agreement and Plan of Merger (Mid Atlantic Realty Trust)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for those set forth in Section 6.7 and for those other obligations, covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Discover Financial Services), Agreement and Plan of Merger (Capital One Financial Corp), Agreement and Plan of Merger
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Non-Disclosure Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.7 and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective TimeTime (including Section 6.22).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Chubb Corp), Agreement and Plan of Merger
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.6 and for those other covenants and agreements contained herein and therein which by their terms apply are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Georgetown Bancorp, Inc.), Agreement and Plan of Merger (EverBank Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Option Agreements and the Fee Letters, for which provision has been made therein) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Interstate Bancorp /De/), Agreement and Plan of Merger (First Interstate Bancorp /De/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants 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 other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.Time and this Article X.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Talmer Bancorp, Inc.), Agreement and Plan of Merger (Chemical Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or other agreements in this Agreement or in any instrument delivered pursuant to this Agreement hereto shall survive the Effective Time, except for those Time (other than agreements or covenants and agreements contained herein and therein which or in any instrument delivered pursuant hereto that by their express terms apply in whole or in part are to be performed after the Effective Time, including Sections 2.4, 6.6 and 6.7).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Partners Bancorp), Agreement and Plan of Merger (Oceanfirst Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which any covenant or agreement of the parties that by their its terms apply in whole or in part contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Lodgian Inc), Terms Agreement (Airvana Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to other than this Agreement Section 9.2 shall survive the Effective Time, except for those covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ameris Bancorp), Agreement and Plan of Merger (Ameris Bancorp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Articles One, Article Two, Sections 5.12 and 6.5, Article 9, and for those other covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Financial Corp /In/), Agreement and Plan of Merger (Hopfed Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. 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 Section 7.7 and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vantagesouth Bancshares, Inc.), Agreement and Plan of Merger (YADKIN FINANCIAL Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants 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, except for those covenants and agreements contained herein and therein which that by their terms apply or are to be performed in whole or in part after the Effective TimeTime and this Article 10.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Florida Public Utilities Co), Agreement and Plan of Merger (Chesapeake Utilities Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.. 10.3
Appears in 2 contracts
Samples: Agreement and Plan of Merger Agreement and Plan of Merger (Financial Bancorp Inc), Agreement and Plan of Merger (First Palm Beach Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Non-Disclosure Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Yodlee Inc), Agreement and Plan of Merger (Envestnet, Inc.)
Nonsurvival of Representations, Warranties and Agreements. 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 Sections 5.5 and 6.5 and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Provident Community Bancshares, Inc.), Agreement and Plan of Merger (Park Sterling Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein in Sections 2.02, 6.07, 6.09, 6.12, 6.18, and therein which by their terms apply in whole or in part after the Effective Time9.02.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Financial Corp /Ri/), Agreement and Plan of Merger (Washington Trust Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.6, Section 6.7 and those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Niagara Financial Group Inc), Agreement and Plan of Merger (Keycorp /New/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.7 and for those other covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.. 9.2
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Astoria Financial Corp), Version Agreement (Cascade Bancorp)
Nonsurvival of Representations, Warranties and Agreements. 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 Section 6.5 hereof and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wilmington Trust Corp), Agreement and Plan of Merger (M&t Bank Corp)
Nonsurvival of Representations, Warranties and Agreements. 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 and subject to Section 7.04 and Section 9.02 and for those other covenants and agreements contained herein and therein 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 2 contracts
Samples: Agreement and Plan of Merger (Blue Owl Technology Finance Corp.), Agreement and Plan of Merger (Blue Owl Technology Finance Corp. II)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for Section 6.7 and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Vii Agreement and Plan of Merger (Umpqua Holdings Corp), Agreement and Plan of Merger (Sterling Financial Corp /Wa/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Presidential Associates I LTD Partnership), Agreement and Plan of Merger (Winthrop Residential Associates Ii)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective 77 Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Cit Group Inc), Agreement and Plan of Reorganization (Cit Group Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein which that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Knox Banc Corp), Agreement and Plan of Merger (Park National Corp /Oh/)
Nonsurvival of Representations, Warranties and Agreements. 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 covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ameris Bancorp), Agreement and Plan of Merger (Fidelity Southern Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.Time and (ii) this Article X.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sovereign Bancorp Inc), Agreement and Plan of Merger (Independence Community Bank Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Fee Letters, for which provision has been made therein) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Interstate Bancorp /De/), 1 Agreement and Plan of Merger (Wells Fargo & Co)
Nonsurvival of Representations, Warranties and Agreements. 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 Section 6.7, and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed, in whole or in part part, after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Howard Bancorp Inc), Agreement and Plan of Merger (Howard Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of --------------------------------------------------------- the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Place Financial Corp /De/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, representations and warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Support Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sersys Acquisition Corp)
Nonsurvival of Representations, Warranties and Agreements. 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 and subject to Section 7.05 and Section 9.03 and for those other covenants and agreements contained herein and therein 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: Agreement and Plan of Merger (Blue Owl Capital Corp III)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.. Section 9.15
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None ----------------------------------------------------------- of the representations, warranties, covenants covenants, and agreements in this Agreement or in Agreement, including any instrument delivered pursuant to this Agreement rights arising out of any breach of such representations, warranties, covenants, and agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein which that by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Pacific Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or 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 agreements, shall survive the Effective Time, except for (a) those covenants and agreements contained herein and therein which 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 8.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ply Gem Holdings Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and or agreements contained herein and therein of the parties which by their terms apply in whole or in part contemplate performance after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Marlborough Software Development Holdings Inc.)
Nonsurvival of Representations, Warranties and Agreements. 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 Section 6.8(b) and for those other covenants and agreements contained herein and therein which in this Agreement that 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, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those such covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (CVB Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the --------------------------------------------------------- representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Support Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Genesee & Wyoming Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or other agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those Time (other than agreements or covenants and agreements contained herein and therein which that by their express terms apply in whole or in part are to be performed after the Effective Time, including Sections 2.5,6.6 and 6.7).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Oceanfirst Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. 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 Section 6.9 and for those other covenants and agreements contained herein and therein which in this Agreement that 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, Warranties and Agreements. None Except as set forth herein, 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 Section 6.9 and for those other representations, covenants and agreements contained herein and therein which in this Agreement that 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, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or the Plan of Merger or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cbny Investment Services Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement contained herein or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, Time except for those covenants and agreements contained herein and therein which that by their express terms apply in whole or in part to periods after the Effective Time.
Appears in 1 contract
Samples: Stock Purchase Agreement (Centennial First Financial Services)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warrantieswar- ranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Zions Bancorporation /Ut/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than Section 10.3 hereof) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time, which include, without limitation, the covenants set forth in Section 7.11 hereof.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.. 9.3
Appears in 1 contract
Samples: Agreement and Plan of Merger (Great Western Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for Section 6.3(a) and for those other covenants and agreements contained herein and therein 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, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for for: (i) those covenants and agreements contained herein and therein which by their terms survive, apply or are to be performed in whole or in part after the Effective Time., and (ii) this Article X.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. 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 Section 7.4 and for those other covenants and agreements contained herein and therein which in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Transaction Agreement and Agreement and Plan of Merger (Cowen Group, Inc.)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Citizens Bancshares Inc /De/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Flushing Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Merger Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cathay General Bancorp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and or therein which by their terms apply in whole or in part after the Effective Time.. 9.3
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sterling Financial Corp /Wa/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except as expressly set forth herein or except for those covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Southern National Bancorp of Virginia Inc)
