Common use of Nonsurvival of Representations, Warranties and Agreements Clause in Contracts

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 and 6.11 and Article IX.

Appears in 5 contracts

Samples: Merger Agreement (Emc Corp), Merger Agreement (Stride Rite Corp), Merger Agreement (Matrixone Inc)

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Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 and 6.11 6.10 and Article IX.

Appears in 4 contracts

Samples: Merger Agreement (Keane, Inc.), Merger Agreement (Gensym Corp), Merger Agreement (Mapinfo Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 and 6.11 6.8, 6.10, 6.11, 6.12, and Article IX.

Appears in 4 contracts

Samples: Merger Agreement (General Electric Co), Merger Agreement (Vital Signs Inc), Merger Agreement (General Electric Co)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 agreements contained in Article IIArticles 1, 2 and 9 and Sections 6.8 6.6, 6.7 and 6.11 and Article IX6.8.

Appears in 4 contracts

Samples: Merger Agreement (PVF Capital Corp), Merger Agreement (FNB Corp/Fl/), Merger Agreement (FNB Corp/Fl/)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the SuperMedia Effective Time, except for the agreements contained in Article IIArticles I, II and IX and Sections 6.8 and 6.11 and Article IX6.9.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (DEX ONE Corp), Agreement and Plan of Merger (Supermedia Inc.), Merger Agreement (DEX ONE Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties and warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for Time or the agreements contained termination of this Agreement in Article II, Sections 6.8 and 6.11 and Article IXaccordance with Section 5.01.

Appears in 4 contracts

Samples: Merger Agreement (Webster Financial Corp), Merger Agreement (Webster Financial Corp), Merger Agreement (Sterling Bancorp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 and 6.11 Section 5.09, Section 5.10, Article VI and Article IXIX and any other agreement which contemplates performance after the Effective Time.

Appears in 3 contracts

Samples: Merger Agreement (Magellan Health Services Inc), Merger Agreement (Magellan Health Services Inc), Merger Agreement (Merit Behavioral Care Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 II2, Sections 6.8 and 6.11 Section 6.2, Section 6.9 and Article IX9.

Appears in 3 contracts

Samples: Merger Agreement (Millennium Pharmaceuticals Inc), Merger Agreement (Sciele Pharma, Inc.), Merger Agreement (Millennium Pharmaceuticals Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for the agreements provisions contained in Article II, Sections 6.8 and 6.11 Section 8.3 and Article IXIX and those covenants and agreements contained in this Agreement which by their terms are to be performed following the Effective Time.

Appears in 3 contracts

Samples: Merger Agreement (Trimble Navigation LTD /Ca/), Merger Agreement (@Road, Inc), Merger Agreement (Spacedev, Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 agreements contained in Article IIArticles I, II and XI and Sections 6.8 8.6, 8.7, 8.8 and 6.11 and Article IX8.13.

Appears in 2 contracts

Samples: Merger Agreement (Union National Financial Corp / Pa), Merger Agreement (Donegal Group Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 Article Articles I, II, Sections 6.8 and 6.11 5.5, 5.8, 7.3 and Article IXVIII.

Appears in 2 contracts

Samples: Merger Agreement (Milestone Properties Inc), Merger Agreement (Concord Assets Group Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 and 6.11 6.11(b) and Article IX.

Appears in 2 contracts

Samples: Merger Agreement (Biosphere Medical Inc), Merger Agreement (Merit Medical Systems Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 6.8, 6.12, 6.13 and 6.11 6.14 and Article IX.

Appears in 2 contracts

Samples: Merger Agreement (Aspect Communications Corp), Merger Agreement (Concerto Software Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, representations or warranties and agreements (other than Sections 5.4 and 5.6) 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 6.8 and 6.11 and Article IX.

Appears in 2 contracts

Samples: Merger Agreement (Compdent Corp), Agreement and Plan of Merger (Compdent Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 and 6.11 and Article IX.Section 6.8, Section 6.11

Appears in 2 contracts

Samples: Merger Agreement (American Dental Partners Inc), Merger Agreement (BJS Wholesale Club Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 Article II, Sections 6.8 Section 6.6, Article X, the meanings ascribed to the capitalized terms set forth in Article IX and 6.11 and Article IXSection 10.15.

Appears in 2 contracts

Samples: Merger Agreement (First Marblehead Corp), Merger Agreement (Risley John Carter)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties and or 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 Articles I and II, Sections 6.8 6.12, 6.14 and 6.11 6.15, this Article IX and Article IXthe Affiliate Agreements.

Appears in 2 contracts

Samples: Merger Agreement (Digital Origin Inc), Merger Agreement (Media 100 Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time, including, without limitation, the agreements contained in Article Articles I and II, and Sections 6.8 6.3, 6.4, 6.5 and 6.11 and Article IX6.6.

Appears in 2 contracts

Samples: Merger Agreement (Professional Holding Corp.), Merger Agreement (Professional Holding Corp.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 Article II, and Sections 6.8 5.12, 6.4 and 6.11 and Article IX7.13 hereof.

Appears in 2 contracts

Samples: Merger Agreement (Green Equity Investors Iii Lp), Merger Agreement (Interdent Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time; provided, except for however, that the agreements contained in Article II4 and in Section 3.1, Sections 6.8 Section 3.2, Section 7.9, Section 7.17, Section 7.18 and 6.11 Section 7.19 and this Article IX10, and the agreements delivered pursuant to this Agreement shall survive the Effective Time.

Appears in 2 contracts

Samples: Merger Agreement (Schlumberger LTD /Nv/), Merger Agreement (Smith International Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 agreements contained in Article IIArticles I, II and IX and Sections 6.8 6.7 and 6.11 and Article IX6.8.

Appears in 2 contracts

Samples: Merger Agreement (Metavante Technologies, Inc.), Merger Agreement (Fidelity National Information Services, Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 agreements contained in Article IIArticles I, II and IX and Sections 6.8 6.7, 6.8, 6.9 and 6.11 and Article IX6.15.

Appears in 2 contracts

Samples: Merger Agreement (Sky Financial Group Inc), Merger Agreement (Huntington Bancshares Inc/Md)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 Articles I and II, Sections 6.8 and 1.04, 2.01, 2.02, 5.04, 6.10, 6.11 and Article IX.

Appears in 2 contracts

Samples: Merger Agreement (Video City Inc), Merger Agreement (West Coast Entertainment Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 agreements contained in Article II, Sections 6.8 and 6.11 and Article IX6.9.

Appears in 2 contracts

Samples: Merger Agreement (Huntington Bancshares Inc/Md), Merger Agreement (Unizan Financial Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 6.8, 6.12 and 6.11 6.13 and this Article IX.

Appears in 2 contracts

Samples: Merger Agreement (Brooktrout Inc), Merger Agreement (Brooktrout Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 agreements contained in Article IIArticles 1, 2 and 9 and Sections 6.6, 6.7, 6.8 and 6.11 and Article IX6.13.

Appears in 2 contracts

Samples: Merger Agreement (Comm Bancorp Inc), Agreement and Plan of Merger (FNB Corp/Fl/)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 Article I, Article II, Sections 6.8 Section 6.10, 6.13 and 6.11 6.14 and this Article IX. This Section 9.01 shall have no effect upon any other obligations of the parties hereto, whether to be performed before or after the consummation of the Merger.

Appears in 2 contracts

Samples: Merger Agreement (Akerna Corp.), Merger Agreement (Sphere 3D Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 Article IISections 2.1, Sections 6.8 and 6.11 2.2, 2.3, 4.2(a), 5.6, 5.8, 7.3 and Article IXVIII.

Appears in 2 contracts

Samples: Merger Agreement (Taco Cabana Inc), Merger Agreement (Carrols Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 II1, Sections 6.8 and 6.11 Section 5.8, and Article IX8.

Appears in 2 contracts

Samples: Merger Agreement (Insight Enterprises Inc), Merger Agreement (Datalink Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective TimeClosing, except for the agreements contained in Article I, Article II, Sections 6.8 Section 6.9, Section 6.11, Section 6.12, Section 6.13, Section 6.14, Section 6.17 and 6.11 and this Article IX.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Dare Bioscience, Inc.), Stock Purchase Agreement (Cerulean Pharma Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 Section 6.11, Section 6.14 and 6.11 and this Article IX.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Palomar Medical Technologies Inc), Merger Agreement (Palomar Medical Technologies Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.6 and 6.8 and 6.11 Article X and the meanings ascribed to the capitalized terms set forth in Article IX.

Appears in 2 contracts

Samples: Merger Agreement (Demandware Inc), Agreement and Plan of Merger (Salesforce Com Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 IISections 1.4, Sections 6.8 2.1, 2.2, 5.17, 5.18, 5.20 and 6.11 5.24 and Article IXVIII, the agreements of the Affiliates delivered pursuant to Section 5.12 and the Confidentiality Agreements.

Appears in 1 contract

Samples: Merger Agreement (Cross Medical Products Inc /De)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 Section 1.04, Article II, Sections 6.8 and 6.11 Section 6.11, Section 6.12, Section 6.13, Section 6.14, and Article IX, and the agreements of the Affiliates delivered pursuant to Section 6.09. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Basin Exploration Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 and 6.11 and Article IX.Section 6.8

Appears in 1 contract

Samples: Merger Agreement (Metrologic Instruments Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 6.7 and 6.11 6.10 and this Article IX.

Appears in 1 contract

Samples: Merger Agreement (Valley National Gases Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 agreements contained in Article II1, Sections 6.8 and 6.11 Article 2, Article 3, Article 9 and Article IX10 and Sections 7.8 and 7.9.

Appears in 1 contract

Samples: Merger Agreement (Capital Gold Corp)

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Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 Article I, Article II, Sections 6.8 Section 6.10, 6.13 and 6.11 and Article IX.6.14

Appears in 1 contract

Samples: Merger Agreement (IMARA Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 Article I, Article II, Sections 6.8 Section 6.10, 6.13 and 6.11 6.14 and this Article IX. This Section 9.1 shall have no effect upon any other obligations of the parties hereto, whether to be performed before or after the consummation of the Merger.

Appears in 1 contract

Samples: Merger Agreement (Millendo Therapeutics, Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties and agreements covenants in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for the agreements contained in Section 6.06, Article II, Sections 6.8 and 6.11 II and Article IXIX and except as otherwise provided herein or in other agreements delivered herewith, including, without limitation, the Indemnification Agreement and the Voting Agreement.

Appears in 1 contract

Samples: Merger Agreement (U S Energy Systems Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties and warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for the agreements contained in terms of Article III, the second paragraph of Section 2.1(l), Sections 6.8 5.5, 5.6, 5.7, 5.9 and 6.11 5.10, Article VII, and Article IXthe agreements of the "affiliates" of Carrollton delivered pursuant to Section 3.4.

Appears in 1 contract

Samples: Merger Agreement (Titan Exploration Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 Article I, Article II, Sections 6.8 Section 6.10, 6.13 and 6.11 6.14, Article VIII and this Article IX. This Section 9.1 shall have no effect upon any other obligations of the parties hereto, whether to be performed before or after the consummation of the Merger.

Appears in 1 contract

Samples: Merger Agreement (Arsanis, Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 and 6.11 and Article IX.Section 6.7

Appears in 1 contract

Samples: Merger Agreement (Serena Software Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 II2, Sections 6.8 and 6.11 Section 5.13, and Article IX8.

Appears in 1 contract

Samples: Merger Agreement (Surmodics Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 agreements contained in Article IIArticles I , II and IX and Sections 6.6, 6.7, 6.8 and 6.11 and Article IX6.13.

Appears in 1 contract

Samples: Merger Agreement (FNB Corp/Fl/)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties and warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for the agreements contained in terms of Article III, Sections 6.8 Article V and 6.11 and this Article IXVII.

Appears in 1 contract

Samples: Merger Agreement (Enron Global Power & Pipelines LLC)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 Article IISections 2.1, Sections 6.8 and 6.11 2.2, 5.6, 5.7, 7.3 and Article IXVIII.

Appears in 1 contract

Samples: Merger Agreement (Carlyle Industries Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 6.8, 6.11, 6.12, 6.13, 8.2 and 6.11 8.3 and Article IX.

Appears in 1 contract

Samples: Merger Agreement (Zomax Inc /Mn/)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 and 6.11 6.10 and this Article IX.

Appears in 1 contract

Samples: Merger Agreement (Nyfix Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 6.8, 6.11, 6.12 and 6.11 and Article IX.6.13

Appears in 1 contract

Samples: Merger Agreement (Doubleclick Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 6.7 and 6.11 and Article IX.

Appears in 1 contract

Samples: Merger Agreement (I Many Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 Article II4, and Sections 6.8 6.4, 7.15 and 6.11 and Article IX7.16 hereof.

Appears in 1 contract

Samples: Merger Agreement (Hechinger Co)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 agreements contained in Article IIArticles I , II and IX and Sections 6.8 6.7, 6.8, 6.9 and 6.11 and Article IX6.15.

Appears in 1 contract

Samples: Merger Agreement (FNB Corp/Fl/)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties warranties, covenants and agreements contained 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, III and Sections 6.8 6.9 and 6.11 and Article IX6.

Appears in 1 contract

Samples: Merger Agreement (Zurn Industries Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties and or 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 6.8 6.8, 6.11 and 6.11 6.12 and Article IX.

Appears in 1 contract

Samples: Merger Agreement (Netegrity Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 6.7 and 6.11 6.9 and Article IX.

Appears in 1 contract

Samples: Merger Agreement (Trimeris Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 agreements contained in Article IIArticles 1, 2 and 9 and Sections 6.6, 6.7, 6.8 and 6.11 and Article IX6.14.

Appears in 1 contract

Samples: Merger Agreement (FNB Corp/Fl/)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 and Section 6.8, Section 6.11 and Article IX.

Appears in 1 contract

Samples: Merger Agreement (Ista Pharmaceuticals Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 6.8 6.8, 6.11, 6.12 and 6.11 6.13 and Article IX.

Appears in 1 contract

Samples: Merger Agreement (Kronos Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, 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 IISection 1.04, Sections 6.8 and 6.11 Section 2.01, Section 2.02, Section 2.03, Section 6.08, Section 6.13, Section 6.15 and Article IX.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Choicetel Communications Inc /Mn/)

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