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 88 contracts
Samples: Merger Agreement (Home Federal Bancorp, Inc. Of Louisiana), Merger Agreement (Home Bancorp, Inc.), Merger Agreement
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 63 contracts
Samples: Merger Agreement (Emclaire Financial Corp), Merger Agreement (Emclaire Financial Corp), Merger Agreement (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 40 contracts
Samples: Merger Agreement (FB Financial Corp), Merger Agreement (Franklin Financial Network Inc.), Merger Agreement (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: Merger Agreement (Fidelity National Information Services, Inc.), Merger Agreement (Worldpay, Inc.), Merger Agreement (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: Merger Agreement (BNC Bancorp), Merger Agreement (Crescent Financial Bancshares, Inc.), Merger Agreement (Ecb 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 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: Merger Agreement (Summit Financial Group, Inc.), Merger Agreement (Summit Financial Group, Inc.), Merger Agreement (Summit Financial Group 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: Merger Agreement (Allegiance Bancshares, Inc.), Merger Agreement (Great Western Bancorp, Inc.), Merger Agreement (Cit 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: Merger Agreement (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 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: Transaction Agreement and Plan of Amalgamation, Merger Agreement (North Fork Bancorporation Inc), Merger Agreement (Greenpoint 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 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: Merger Agreement (Hancock Whitney Corp), Merger Agreement (Midsouth Bancorp Inc), Merger Agreement (United Bancorp Inc /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 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: Merger Agreement (SWS Group Inc), Merger Agreement (Hilltop Holdings Inc.), Merger Agreement (People's United Financial, 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 6.7 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: Merger Agreement (First Busey Corp /Nv/), Merger Agreement (Crossfirst Bankshares, Inc.), Merger Agreement (Old National Bancorp /In/)
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 (Camber Energy, 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: Merger Agreement (Lakeland Bancorp Inc), Merger Agreement (ConnectOne Bancorp, Inc.), Merger Agreement (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 covenants and agreements contained herein and or therein which by their terms apply in whole or in part after the Effective Time.
Appears in 6 contracts
Samples: Merger Agreement (Trico Bancshares /), Merger Agreement (North Valley Bancorp), Merger Agreement (North Valley Bancorp)
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: Merger Agreement (KSW Inc), Merger Agreement (Amylin Pharmaceuticals Inc), Merger Agreement (Bristol Myers Squibb Co)
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: Merger Agreement (Huntington Bancshares Inc/Md), Merger Agreement (TCF Financial Corp), Merger Agreement (First Horizon National 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 6.04 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: Merger Agreement (BBCN Bancorp Inc), Merger Agreement (BBCN Bancorp Inc), Merger Agreement (BBCN 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 or are to be performed, in whole or in part part, after the Effective Time.
Appears in 6 contracts
Samples: Merger Agreement (FNB Corp/Fl/), Merger Agreement, Merger Agreement (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 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: Merger Agreement (Northwest Bancorp Inc), Agreement and Plan of Reorganization (GFS Bancorp Inc), Agreement and Plan of Reorganization (First Federal Bankshares 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 in this Agreement which by their terms apply in whole or in part after the Effective Time.
Appears in 5 contracts
Samples: Merger Agreement (Firstsun Capital Bancorp), Merger Agreement (HomeStreet, Inc.), Merger Agreement (First Horizon 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 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: Merger Agreement (People's United Financial, Inc.), Merger Agreement (First Connecticut Bancorp, Inc.), Agreement and Plan of Merger (People's United Financial, 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: Merger Agreement (MidCap Financial Investment Corp), Merger Agreement (MidCap Financial Investment Corp), Merger Agreement (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 (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: Merger Agreement (Bancorpsouth Inc), Merger Agreement (Bancorpsouth Inc), Merger Agreement (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 the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Section 6.5, 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 TimeTime which shall survive until performed.
Appears in 4 contracts
Samples: Merger Agreement (United Rentals North America Inc), Merger Agreement (Neff Corp), Merger Agreement (H&E Equipment Services, 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: Merger Agreement (Numerex Corp /Pa/), Merger Agreement (Sierra Wireless Inc), Merger Agreement (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 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: Merger Agreement (Oce N V), Merger Agreement (Imagistics International Inc), Merger Agreement (Matthews International 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: Merger Agreement (Pacwest Bancorp), Merger Agreement (Banc of California, Inc.), Merger Agreement (Umpqua Holdings 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 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: Merger Agreement (Abm Industries Inc /De/), Merger Agreement (Dex Media West LLC), Merger Agreement (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. 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: Merger Agreement (ConnectOne Bancorp, Inc.), Merger Agreement (First of Long Island Corp), Merger Agreement (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 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: Agreement and Plan of Merger (Medley Management Inc.), Agreement and Plan of Merger (Sierra Income Corp), Merger Agreement (Medley Management 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: Merger Agreement (FNCB Bancorp, Inc.), Merger Agreement (Partners Bancorp), Merger Agreement (LINKBANCORP, 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 4 contracts
Samples: Merger Agreement (1st Constitution Bancorp), Merger Agreement (1st Constitution Bancorp), Merger Agreement (Center 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 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), Agreement and Plan of Merger (Medley Capital Corp), Merger Agreement (Medley Capital 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 7.5 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: Merger Agreement (GOLUB CAPITAL BDC, Inc.), Merger Agreement (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 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: Merger Agreement (Ace Comm Corp), Merger Agreement (I3 Mobile Inc), Merger Agreement (Ace Comm 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 in whole or in part after the Effective Time.for
Appears in 4 contracts
Samples: Merger Agreement (GBC Bancorp Inc), Agreement and Plan of Merger (First Charter Corp /Nc/), Merger 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 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: Agreement and Plan of Merger (Mid Atlantic Realty Trust), Merger Agreement (Kimco Realty Corp), Merger Agreement (Mid Atlantic Realty Trust)
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: Merger Agreement (Frischs Restaurants Inc), Merger Agreement (Harris Teeter Supermarkets, Inc.), Merger Agreement (Kroger Co)
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 (Banc One Corp /Oh/), Agreement and Plan of Reorganization (First Chicago NBD Corp), 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 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: Merger Agreement (Phazar Corp), Merger Agreement (Citizens Banking Corp), Merger Agreement (Republic 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 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: Merger Agreement (North Haven Private Income Fund LLC), Merger Agreement (SL Investment Corp.), Agreement and Plan of Merger (SL Investment 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 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: Merger Agreement (Oceanfirst Financial Corp), Merger Agreement (Two River Bancorp), Merger Agreement (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 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: Merger Agreement (Boston Private Financial Holdings Inc), Merger Agreement (SVB Financial Group), Merger Agreement (Boston Private Financial Holdings 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 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: Merger Agreement (Discover Financial Services), Merger Agreement (Capital One Financial Corp), Merger Agreement
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: Merger Agreement (North Fork Bancorporation Inc), Merger Agreement (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 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: Merger Agreement (FNB Corp/Pa/), Merger Agreement (FNB Corp/Fl/), Merger Agreement (YADKIN 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 6.7 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: Merger Agreement (Umpqua Holdings Corp), Merger Agreement (Sterling Financial Corp /Wa/)
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: Merger Agreement (Wilmington Trust Corp), Merger Agreement (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 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: Merger Agreement (Independence Community Bank Corp), Merger Agreement (Sovereign 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 will 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 2 contracts
Samples: Merger Agreement (Sprint Corp), Merger Agreement (Nextel Communications 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 are to be performed in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Georgetown Bancorp, Inc.), Merger Agreement (EverBank 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 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: Merger Agreement (Blue Owl Technology Finance Corp. II), Merger Agreement (Blue Owl Technology Finance 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 Sections 6.6 and 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 2 contracts
Samples: Merger Agreement (First Commonwealth Financial Corp /Pa/), Merger Agreement (Capital 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 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: Merger Agreement (Howard Bancorp Inc), Merger Agreement (Howard 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 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: Merger Agreement (Ameris Bancorp), Merger Agreement (Ameris 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 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: Merger Agreement (Fidelity Southern Corp), Merger Agreement (Ameris Bancorp)
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 Closing and 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 TimeTime and the agreements of the Affiliates of Target delivered pursuant to Section 6.11. The Confidentiality Agreements shall survive the execution and delivery of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Borland International Inc /De/), Merger Agreement (Borland International Inc /De/)
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 Expiration Time.
Appears in 2 contracts
Samples: Voting and Support Agreement (NTS Realty Holdings Lp), Merger Agreement (NTS Realty Holdings Lp)
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: Merger Agreement (Partners Bancorp), Merger Agreement (Oceanfirst Financial Corp)
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: Merger Agreement (Talmer Bancorp, Inc.), Merger Agreement (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 (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
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: Merger Agreement (First Knox Banc Corp), Merger Agreement (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 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: Merger Agreement (Park Sterling Corp), Merger Agreement (Provident Community Bancshares, Inc.)
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: Merger Agreement (Lodgian Inc), Merger 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 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: Merger Agreement (Vantagesouth Bancshares, Inc.), Merger Agreement (YADKIN 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 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 (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: Merger Agreement (First Interstate Bancorp /De/), Merger Agreement (Wells Fargo & Co)
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: Merger Agreement (First Interstate Bancorp /De/), Merger Agreement (First Interstate Bancorp /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 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: Merger Agreement (Yodlee Inc), Merger Agreement (Envestnet, Inc.)
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: Merger Agreement (Chesapeake Utilities Corp), Merger Agreement (Florida Public Utilities Co)
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: Merger Agreement (Presidential Associates I LTD Partnership), Merger Agreement (Winthrop Residential Associates Ii)
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 6.11 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: Merger Agreement (BNC Bancorp), Merger Agreement (BNC Bancorp)
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
Samples: Merger Agreement (Ucbh Holdings Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants covenants, and agreements in this Agreement or in any other agreement or 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 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 set forth in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for 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 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 5.7 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 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 Option Agreements, 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
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 that by their terms apply or are to be performed in whole or in part after the Effective TimeTime and this Article IX.
Appears in 1 contract
Samples: Merger Agreement (American Science & Engineering, 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, which include, without limitation, the covenants set forth in Section 7.11 hereof.
Appears in 1 contract
Samples: Merger Agreement (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 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
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: Merger Agreement (First Citizens Bancshares Inc /De/)
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
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, Time except for Section 7.06 and Section 7.07 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 (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 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 Bank Merger 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 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: Merger Agreement (Southern National Bancorp of Virginia 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 6.9 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
Samples: Merger Agreement (S Y Bancorp Inc)
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 in any instrument delivered pursuant to this Agreement shall survive beyond the Effective Timetime contemplated by Section 9.1, 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 set forth in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for other than those covenants and or agreements contained herein and therein of the Parties which by their terms apply apply, or are to be performed in whole or in part part, after the Effective TimeClosing.
Appears in 1 contract
Samples: Merger Agreement (Lance Inc)
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
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
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
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 7.04 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 1 contract
Samples: Merger Agreement (Hope 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 shall survive the Effective Time, except for Sections 2(e), 2(k), 7(b), 7(c), 7(f), and 11(h) 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 1 contract
Samples: Agreement and Plan of Reorganization and Bank Merger (Franklin Financial Network 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 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
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
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
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
Samples: Merger Agreement (PSB Bancorp Inc)
