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: Agreement and Plan of Merger (Stride Rite Corp), Agreement and Plan of Merger (Rsa Security Inc/De/), Agreement and Plan of Merger (Emc 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 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: Merger Agreement (DEX ONE Corp), Merger Agreement (Supermedia Inc.), Agreement and Plan of Merger (DEX ONE 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 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: Agreement and Plan of Merger (PVF Capital Corp), Agreement and Plan of Merger (FNB Corp/Fl/), Agreement and Plan of Merger (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 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: Agreement and Plan of Merger (Webster Financial Corp), Agreement and Plan of Merger (Webster Financial Corp), Agreement and Plan of Merger (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 6.10 and Article IX.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mapinfo Corp), Agreement and Plan of Merger (Keane, Inc.), Agreement and Plan of Merger (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: Agreement and Plan of Merger (Idx Systems Corp), Agreement and Plan of Merger (Vital Signs Inc), Agreement and Plan of Merger (General Electric Co)
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 ARTICLE I, ARTICLE II, Sections 6.8 6.12 and 6.11 6.13, ARTICLE VIII and Article 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, except as set forth in the Indemnification Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (SRAX, Inc.), Agreement and Plan of Merger (Boston Therapeutics, Inc.), Agreement and Plan of Merger (Amergent Hospitality 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 IISection 2.1, Sections 6.8 2.2, 5.10, 5.15 and 6.11 the last sentence of Section 7.4 and Article IX8.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Arrow Electronics Inc), Agreement and Plan of Merger (Arrow Electronics Inc), Agreement and Plan of Merger (Arrow Electronics 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 6.2, Section 6.9 and Article IX9.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sciele Pharma, Inc.), Agreement and Plan of Merger (Millennium Pharmaceuticals Inc), Agreement and Plan of Merger (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 contained in Article Articles I and II, Sections 6.8 and 6.11 1.04, 2.01, 2.02, 6.12, 6.14 and Article IX, and the agreements of the Affiliates delivered pursuant to Section 6.10. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Learning Co Inc), Agreement and Plan of Merger (Broderbund Software Inc /De/), Agreement and Plan of Merger (Learning Co 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: Agreement and Plan of Merger (Trimble Navigation LTD /Ca/), Agreement and Plan of Merger (@Road, Inc), Agreement and Plan of Merger (Spacedev, 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 3.01, Sections 6.8 3.02, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10 and 6.11 and Article IXthis Section 10.01.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Meemic Holdings Inc), Agreement and Plan of Merger (Proassurance Corp), Agreement and Plan of Merger (Proassurance 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 IISections 2.01, Sections 6.8 2.02, 6.05, 6.06, 6.07, 6.08 and 6.11 6.09 and Article IXthis Section 9.01.
Appears in 2 contracts
Samples: Conformed Copy (Zurich Insurance Co), Conformed Copy (Zurich Reinsurance Centre Holdings 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, and Sections 6.8 5.12, 6.4 and 6.11 and Article IX7.13 hereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Green Equity Investors Iii Lp), Agreement and Plan of Merger (Interdent 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 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: Agreement and Plan of Merger (Media 100 Inc), Agreement and Plan of Merger (Digital Origin 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 9.01 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: Agreement and Plan of Merger (Akerna Corp.), Agreement and Plan of Merger (Sphere 3D 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 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: Agreement and Plan of Merger (Huntington Bancshares Inc/Md), Agreement and Plan of Merger (Sky Financial 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 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: Agreement and Plan of Merger (West Coast Entertainment Corp), Agreement and Plan of Merger (Video City 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: Agreement and Plan of Merger (Concerto Software Inc), Agreement and Plan of Merger (Aspect Communications 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. This Section 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time, except for including the agreements contained set forth in Article II, Sections 6.8 and 6.11 and Article IX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (National Oilwell Varco Inc), Agreement and Plan of Merger (Grant Prideco 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: Agreement and Plan of Merger (Fidelity National Information Services, Inc.), Agreement and Plan of Merger (Metavante 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; 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: Agreement and Plan of Merger (Smith International Inc), Agreement and Plan of Merger (Schlumberger LTD /Nv/)
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. SECTION 9.02.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Magellan Health Services Inc), Agreement and Plan of Merger (Magellan Health Services 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: Agreement and Plan of Merger (First Marblehead Corp), Agreement and Plan of Merger (Risley John Carter)
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: Agreement and Plan of Merger (Brooktrout Inc), Agreement and Plan of Merger (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: Agreement and Plan of Merger (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 Articles I, II, Sections 6.8 and 6.11 5.5, 5.8, 7.3 and Article IXVIII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Concord Assets Group Inc), Agreement and Plan of Merger (Milestone Properties 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 II, Sections 6.8 and 6.11 and Article IX6.9.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Unizan Financial Corp), Agreement and Plan of Merger (Huntington Bancshares Inc/Md)
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: Agreement and Plan of Merger (Union National Financial Corp / Pa), Agreement and Plan of Merger (Donegal Group Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties 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 3.1, Sections 6.8 3.2, 3.3, 7.4, 7.8 and 6.11 and Article IX7.9.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tickets Com Inc), Agreement and Plan of Merger (Tickets Com 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: Agreement and Plan of Merger (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 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), Agreement and Plan of Merger (Palomar Medical Technologies 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 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: Exhibit 2 Agreement and Plan of Merger (Taco Cabana Inc), Agreement and Plan of Merger (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: Agreement and Plan of Merger (Insight Enterprises Inc), Agreement and Plan of Merger (Datalink 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 6.11(b) and Article IX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Biosphere Medical Inc), Agreement and Plan of Merger (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 and 6.11 and Article IX.Section 6.8, Section 6.11
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Dental Partners Inc), Agreement and Plan of Merger (BJS Wholesale Club 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: Agreement and Plan of Merger (Demandware Inc), Agreement and Plan of Merger (Salesforce Com 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: Agreement and Plan of Reorganization and Merger (U S Energy 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 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, 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 3.1, Sections 6.8 3.2, 7.8, 7.11 and 6.11 7.14, the last sentence of Section 9.4, and Article IXX, the agreements of the "affiliates" of the Company delivered pursuant to Section 7.6 and the agreements listed in Section 8.2(e).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Source Services 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 6.7 and 6.11 6.9 and Article IX.
Appears in 1 contract
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
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
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
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 1.04, Sections 6.8 and 6.11 2.01, 2.02, 6.08, 6.14, 6.17, 6.18 and Article IX, and the 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 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: Agreement and Plan of Merger (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 and 6.11 6.10 and this Article IX.
Appears in 1 contract
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
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
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: Agreement and Plan of Merger (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 Agreement, shall survive the Effective Time, except for the agreements contained in Article IISections 1.07, Sections 6.8 1.08, 6.02, 6.03, 6.07, 6.09, 6.10 and 6.11 and this Article IX.
Appears in 1 contract
Samples: Stock Purchase Agreement (Murray United Development 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 II4, and Sections 6.8 6.4, 7.15 and 6.11 and Article IX7.16 hereof.
Appears in 1 contract
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
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 Closing and the Effective Time, except for the agreements contained in Article I, Article II, Article XII, and Sections 6.8 7.1, 7.5, 7.13, 7.14, 11.3, 12.2, 12.3, 12.5, 12.6 and 6.11 and Article IX12.14.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Dna Plant Technology 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 IIArticles I , II and IX and Sections 6.6, 6.7, 6.8 and 6.11 and Article IX6.13.
Appears in 1 contract
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: Agreement and Plan of Merger (Valley National Gases 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 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: Agreement and Plan of Merger (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 6.7 and 6.11 and Article IX.
Appears in 1 contract
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/)
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
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
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
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: Agreement and Plan of Merger (Millendo Therapeutics, 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
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 1 contract
Samples: Agreement and Plan of Merger (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 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: Agreement and Plan of Merger (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 Article II, Sections 6.8 and Section 6.8, Section 6.11 and Article IX.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ista Pharmaceuticals 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, Sections 6.8 Article V and 6.11 and this Article IXVII.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Enron Global Power & Pipelines LLC)
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: Agreement and Plan of Merger (Titan Exploration Inc)
