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 the agreements contained in Sections 1.4, 1.5, 1.6, 2.1, 2.2, 2.3, 5.9, and 5.11 and Article VIII. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Players International Inc /Nv/), Agreement and Plan of Merger (Players International Inc /Nv/), Agreement and Plan of Merger (Kornstein Don R)
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 the agreements contained in Sections 1.41.3, 1.55.12, 1.6, 2.1, 2.2, 2.3, 5.95.16 and 5.17 and Articles II and VIII, and 5.11 and Article VIIIthe agreements of the Affiliates delivered pursuant to Section 5.9. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hanover Compressor Co /), Agreement and Plan of Merger (Oec Compression 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 the agreements contained in Sections 1.4, 1.5, 1.6, 2.1, 2.2, 2.3, 5.9, 5.11, 5.13 and 5.11 5.14 and Article VIII. The Confidentiality Agreement Agreements shall survive the execution and delivery of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Harrahs Entertainment Inc), Agreement and Plan of Merger (Showboat 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 the agreements contained in Sections 1.41.6, 1.51.7, 1.61.8, 2.1, 2.2, 2.32.4, 5.92.5, 5.12, 5.15, 5.16, 5.17, 5.18, 5.19, 5.22, 5.24, and 5.11 and this Article VIII, and the agreements of the Affiliates delivered pursuant to Section 5.13. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 2 contracts
Samples: Terms Agreement (Smarterkids Com Inc), Contribution Agreement and Plan of Reorganization and Merger (Smarterkids Com 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 the agreements contained in Sections 1.44.2, 1.54.7, 1.64.8, 2.14.9, 2.26.1, 2.36.2, 5.96.3, 6.4, 7.2 and 5.11 and Article VIII. The Confidentiality Agreement shall survive the execution and delivery of this Agreement8.1.
Appears in 2 contracts
Samples: Exhibit 1 Agreement and Plan of Merger (Stone Pine Colorado LLC), 2 Agreement and Plan of Merger (Consolidated Capital of North America 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 the agreements contained in Sections 1.41.04, 1.52.01, 1.62.02, 2.16.12, 2.26.14, 2.3, 5.98.03 and Article IX, and 5.11 and Article VIIIthe agreements of the Affiliates delivered pursuant to Section 6.10. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (MediaMax Technology CORP), Voting Agreement (Transition Systems 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 the agreements contained in Sections 1.41.04, 1.52.01, 1.62.02, 2.16.12, 2.26.14, 2.3, 5.98.03 and Article IX, and 5.11 and Article VIIIthe agreements of the Affiliates delivered pursuant to Section 6.10. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.. SECTION 9.02
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for that the agreements contained in Sections 1.4, 1.5, 1.6, 2.11.7, 2.21.9, 2.31.10, 5.95.10, 5.11, 5.13, 5.20, 5.21 and 5.11 5.22 and Article VIII. The Confidentiality Articles II and VIII and the agreements delivered pursuant to this Agreement shall survive the execution and delivery of this AgreementMerger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Applied Digital Solutions 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 the agreements contained in Sections 1.4, 1.5, 1.6, 2.1, 2.2, 2.37.14, 5.9Article X, and 5.11 and Article VIIIthe agreements of the Affiliates delivered pursuant to Section 7.10. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 1 contract
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 the agreements contained in Sections 1.42.01, 1.52.02, 1.62.03, 2.16.10, 2.26.11, 2.36.12, 5.96.13, and 5.11 6.14, 6.21 and Article VIIIIX. The Confidentiality Agreement Agreements shall survive the execution and delivery of this Agreement.
Appears in 1 contract
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 the agreements contained in Article II, Sections 1.45.08, 1.55.09, 1.6, 2.1, 2.2, 2.3, 5.9, 7.02 and 5.11 7.03 and this Article VIII. The Confidentiality Agreement Agreements shall survive the execution and delivery of this Agreement.
Appears in 1 contract
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 the agreements contained in Sections 1.4, 1.5, 1.6, 2.1, 2.2, 2.32.4, 5.95.16, 5.19, 5.20 and 5.11 5.27 and Article VIII, and the agreements of the Affiliates delivered pursuant to Section 5.12. The Confidentiality Agreement Agreements shall survive the execution and delivery of this Agreement. Section 8.2.
Appears in 1 contract
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 the agreements contained in Sections 1.41.04, 1.52.01, 1.62.02, 2.1, 2.2, 2.3, 5.96.14 and Article IX, and 5.11 and Article VIIIthe agreements of the Affiliates delivered pursuant to Section 6.10. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 1 contract
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 the agreements contained in Article II, Sections 1.47.02, 1.57.03, 1.6, 2.1, 2.2, 2.3, 5.9, and 5.11 the last sentence of Section 7.04 and Article VIII, and the agreements of the Affiliates of the Company delivered pursuant to Section 5.12. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (United States Filter 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 the agreements contained in Sections 1.4, 1.5, 1.6, 2.1, 2.2, 2.32.4, 5.95.14, 5.16, 5.19, 5.21 and 5.11 5.26 and Article VIII, and the agreements of the Affiliates delivered pursuant to Section 5.12. The Confidentiality Agreement Agreements shall survive the execution and delivery of this Agreement.
Appears in 1 contract
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 the agreements contained in Articles I and II, Sections 1.41.04, 1.52.01, 1.62.02, 2.16.12, 2.2, 2.3, 5.96.14 and Article IX, and 5.11 and Article VIIIthe agreements of the Affiliates delivered pursuant to Section 6.10. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.. Section 9.02
Appears in 1 contract
Samples: Annex a Agreement and Plan of Merger (Broderbund Software Inc /De/)
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 the agreements contained in Sections 1.42.01, 1.52.02, 1.6, 2.1, 2.2, 2.3, 5.96.19 and Article IX, and 5.11 and Article VIIIthe agreements of the Affiliates delivered pursuant to Section 6.10. The Confidentiality Agreement Agreements shall survive the execution and delivery of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Casella Waste Systems Inc)