Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV, the last sentence of Section 7.4 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 and this Article X shall survive the Merger.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (American Industrial Properties Reit Inc), Agreement and Plan of Merger (American Industrial Properties Reit Inc), Agreement and Plan of Merger (Usaa Income Properties Iii LTD Partnership)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall be deemed to the extent expressly provided herein to be conditions to the Merger and shall not survive the Merger; provided, however, that the agreements contained in Article IV2, the last sentence of Section 7.4 Sections 5.10 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 5.12 and this Article X 8 shall survive the Merger.Merger and Section 7.6 shall survive termination. 8.2
Appears in 4 contracts
Samples: Agreement and Plan of Merger Agreement and Plan of Merger (Allmerica Financial Corp), Agreement and Plan of Merger Agreement and Plan of Merger (Allmerica Financial Corp), Agreement and Plan of Merger Agreement and Plan of Merger (Allmerica Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; , provided, however, that the agreements contained in Article IV4, the last sentence of Section 7.4 7.4, and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 7.7 and 7.16 7.9 and this Article X 10 shall survive the Merger.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ign Entertainment Inc), Agreement and Plan of Merger (Great Hill Partners LLC), Agreement and Plan of Merger (Ign Entertainment Inc)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV2, the last sentence of Section 7.4 and Sections 7.106.5, 7.116.9, 7.126.11, 7.136.17, 7.146.19, 7.15 and 7.16 8.3 and this Article X 9 shall survive the Merger.
Appears in 3 contracts
Samples: 6 Agreement and Plan of Merger (Butler Bruce A), Agreement and Plan of Merger (Richmont Marketing Specialists Inc), Agreement and Plan of Merger (Ultimate Food Sales Inc)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV, the last sentence of Section 7.4 4 and in Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 and this Article X 10 and the agreements delivered pursuant to this Agreement shall survive the Merger.
Appears in 3 contracts
Samples: Iii 5 Agreement and Plan of Merger (Baker Hughes Inc), Agreement and Plan of Merger (Western Atlas Inc), Agreement and Plan of Merger (Baker Hughes Inc)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate as of the Effective Time and shall not survive the Merger; , provided, however, that the agreements contained in Article IV4, the last sentence of Section 7.4 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 7.12 and 7.16 7.13 and this Article X 10 shall survive the Merger.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Lexington Corporate Properties Inc), Agreement and Plan of Merger (Corporate Realty Income Trust I), Agreement and Plan of Merger (Lexington Corporate Properties Inc)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; , provided, however, that the agreements contained in Article IV4, the last sentence of Section 7.4 7.5 and Sections 7.10, 7.11, 7.12, 7.13, 7.13 and 7.14, 7.15 and 7.16 and this Article X 10 shall survive the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Price Reit Inc), Agreement and Plan of Merger (Kimco Realty Corp)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; Reorganization , provided, however, that the agreements contained in Article IV4, the last sentence of Section 7.4 8.4 and Sections 7.108.11, 7.118.13, 7.128.14, 7.138.15 and 8.16, 7.14, 7.15 and 7.16 and this Article X 11 shall survive the MergerReorganization.
Appears in 2 contracts
Samples: Employment Agreement (Kranzco Realty Trust), Employment Agreement (Cv Reit Inc)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV3, the last sentence of Section 7.4 Article 4 and in Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 and this Article X 10 and the agreements delivered pursuant to this Agreement shall survive the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Devon Energy Corp /Ok/), Agreement and Plan of Merger (Pennzenergy Co)
Nonsurvival of Representations, Warranties and Agreements. All None of the representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; providedPROVIDED, howeverHOWEVER, that the agreements contained in Article IV2, the last sentence of Section 7.4 Article 3 and in Sections 7.106.11, 7.116.12, 7.126.13, 7.136.14, 7.14, 7.15 and 7.16 6.15 and this Article X 9 and the agreements delivered pursuant to this Agreement shall survive the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Santa Fe Snyder Corp), Agreement and Plan of Merger (Santa Fe Snyder Corp)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV4, the last sentence of Section 7.4 Sections 8.2, 8.6, 8.13, 8.14, 8.19, 8.20 and Sections 7.108.21, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 and this Article X 11 shall survive the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (PMC Commercial Trust /Tx), Agreement and Plan of Merger (Supertel Hospitality Inc)
Nonsurvival of Representations, Warranties and Agreements. All --------------------------------------------------------- representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV2, the last sentence of Section 7.4 and -------- ------- Sections 7.106.5, 7.116.9, 7.126.11, 7.136.17, 7.146.19, 7.15 and 7.16 8.3 and this Article X 9 shall survive the Merger.
Appears in 2 contracts
Samples: Voting Agreement (Merkert American Corp), Agreement and Plan of Merger (Monroe James L)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall will not survive the Merger; , provided, however, that the agreements contained in Article IV3, the last sentence of Section 7.4 Sections 6.8 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 6.9 and this Article X shall 9 will survive the MergerMerger indefinitely.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (STV Group Inc), Agreement and Plan of Merger (Norwood Promotional Products Inc)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV4 and in Sections 3.1, the last sentence of Section 7.4 and Sections 7.103.2, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 and this Article X 10 and the agreements delivered pursuant to this Agreement shall survive the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Global Marine Inc), Agreement and Plan of Merger (Santa Fe International Corp/)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the MergerMergers; provided, however, that the agreements contained in Article IV4 and in Sections 3.1, the last sentence of Section 7.4 and Sections 7.103.2, 7.11, 7.12, 7.13, 7.14, 7.15 7.14 and 7.16 and this Article X 10 and the agreements delivered pursuant to this Agreement shall survive the MergerMergers.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Enron Corp/Or/), Agreement and Plan of Merger (Dynegy Inc /Il/)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties warranties, certifications and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate as of the Effective Time and shall not survive the Merger; , provided, however, that the agreements contained in Article IV5, the last sentence of Section 7.4 9.4(a), Sections 9.7, 9.10 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 11.3 and this Article X 12 shall survive the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wellsford Real Properties Inc), Agreement and Plan of Merger (Value Property Trust)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IVArticles 2, the last sentence of Section 7.4 3 and 4 and in Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 and this Article X 10 and the agreements delivered pursuant to this Agreement shall survive the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Circle International Group Inc /De/)
Nonsurvival of Representations, Warranties and Agreements. All --------------------------------------------------------- representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall be deemed to the extent expressly provided herein to be conditions to the Merger and, shall not survive the Merger; , provided, however, that the agreements contained in Sections 1.4, 1.5, 1.6, 1.8, 1.9, Article IVII, the last sentence of Section 7.4 5.11, 5.12, 5.14, 5.15 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 5.17 and this Article X 8 and the agreements delivered pursuant to this Agreement shall survive the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Frontier Airlines Inc /Co/)
Nonsurvival of Representations, Warranties and Agreements. All None of the representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV2, the last sentence of Section 7.4 Article 3 and in Sections 7.106.10, 7.116.11, 7.126.12, 7.136.13, 7.14, 7.15 and 7.16 6.14 and this Article X 9 and the agreements delivered pursuant to this Agreement shall survive the Merger, unless otherwise provided herein.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mitchell Energy & Development Corp)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall be deemed to the extent expressly provided herein to be conditions to the Merger and, shall not survive the Merger; , provided, however, that the agreements contained in Article IVSections 1.4, 1.5, 1.6, 1.7, 1.9, 5.10, 5.11, 5.12, 5.13, 5.14 and 5.15 and Articles 2 and 8 and the last sentence of Section 7.4 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 and agreements delivered pursuant to this Article X Agreement shall survive the Merger.. 8.2
Appears in 1 contract
Samples: Agreement and Plan of Merger (Royce Laboratories Inc /Fl/)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that except for the agreements contained in Article IVSections 4.6, the last sentence 5.3, 5.5, 5.6, 5.8 and 5.10 and Articles I and VIII of Section 7.4 and Sections 7.10this Agreement, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 and this Article X each of which shall survive the Merger.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. All None of the representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not will survive the Merger; provided, however, that the agreements contained in Article IVI, the last sentence of Section 7.4 Article II and in Sections 7.105.04, 7.115.05, 7.125.06, 7.13, 7.14, 7.15 5.14 and 7.16 5.15 and this Article X shall VIII that by their terms are to be performed in whole or part after the Effective Time (each, a “Surviving Covenant”) will survive the Merger.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall be deemed to the extent expressly provided herein to be conditions to the Merger and shall not survive the Merger; provided, however, that the agreements contained in Article IV, the last sentence of Section 7.4 1 and Sections 7.104.2, 7.115.8, 7.125.9, 7.135.15, 7.145.19, 7.15 5.20, 5.21, 5.24, 7.3 and 7.16 and this Article X 8.5 shall survive the Mergersurvive.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, howeverPROVIDED, HOWEVER, that the agreements contained in Article IV4, the last sentence of Section 7.4 7.4, the last sentence of Section 7.8 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 7.13 and 7.16 7.14 and this Article X 10 shall survive the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bradley Real Estate Inc)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV4, the last sentence of Section in Sections 7.4 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 7.7 and this Article X 10 shall survive the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Erc Industries Inc /De/)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties warranties, certifications and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate as of the Effective Time and shall not survive the Merger; , provided, however, that the agreements contained in Article IV2, Article 3, the last sentence of Section 7.4 6.3(a), Sections 6.13, 6.14 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 8.3 and this Article X 9 shall survive the Merger.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, provided however, that the agreements contained in Article Articles II, III and IV, the last sentence of Section 7.4 in Sections 7.6, 7.9 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 7.10 and this Article X shall survive the Merger.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; , provided, however, that the agreements contained in Article IV4, the last sentence of Section 7.4 and Sections 7.107.5, 7.11Section 7.6, 7.12Section 7.7, 7.13, 7.14, 7.15 and 7.16 and this Article X 10 shall survive the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Pacific Gulf Properties Inc)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; , provided, however, ,that the agreements contained in Article IV4, the last sentence of Section 7.4 and Sections 7.10, 7.11, 7.12, 7.13, 7.147.14 and 7.15, 7.15 and 7.16 and this Article X 10 shall survive the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Source Scientific Inc)
Nonsurvival of Representations, Warranties and Agreements. All None of the representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV2, the last sentence of Section 7.4 Article 3 and in Sections 7.106.10, 7.116.11, 7.126.12, 7.136.13, 7.14, 7.15 and 7.16 6.14 and this Article X 9 (including, if an Alternate Structure Event occurs, the amendments to certain of such provisions contemplated by Exhibit B) and the agreements delivered pursuant to this Agreement shall survive the Merger, unless otherwise provided herein.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Devon Energy Corp/De)
Nonsurvival of Representations, Warranties and Agreements. All --------------------------------------------------------- representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; , provided, however, that the agreements contained in Article IV5, the last sentence -------- ------- of Section 7.4 9.4, and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 9.10 and 7.16 9.12 and this Article X 12 shall survive the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Patriot American Hospitality Operating Co\de)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; , provided, however, that the agreements contained in Article IV4 and in Sections 7.7, the last sentence of Section 7.4 and Sections 7.107.8, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 7.12 and this Article X 10 shall survive the Merger.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. All --------------------------------------------------------- representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; , provided, however, that the agreements contained in Article IV5, the last sentence -------- ------- sentences of Section 7.4 Sections 8.4, 8.16 and 8.17, and Sections 7.108.10, 7.118.12, 7.128.15, 7.138.17, 7.14, 7.15 8.18 and 7.16 8.19 and this Article X 11 shall survive the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bay Meadows Operating Co)
Nonsurvival of Representations, Warranties and Agreements. All None of the representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, provided that the agreements contained in Article IVII and in Sections 6.8, the last sentence of Section 7.4 6.9, -------- 6.10, 6.11, 6.13 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 6.14 and this Article X IX and the agreements delivered pursuant to this Agreement shall survive the Merger, unless otherwise provided herein.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Consolidated Natural Gas Co/Va)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; , provided, however, that the agreements contained in Article IV4, the last sentence of Section 7.4 7.4, the last sentence of Section 7.8 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 7.13 and 7.16 7.14 and this Article X 10 shall survive the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mid America Realty Investments Inc)
Nonsurvival of Representations, Warranties and Agreements. All None of the representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, provided that the agreements contained in Article IVII and in Sections 6.8, the last sentence of Section 7.4 6.9, 6.10, 6.11, 6.13 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 6.14 and this Article X IX and the agreements delivered pursuant to this Agreement shall survive the Merger, unless otherwise provided herein.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Louis Dreyfus Natural Gas Corp)
Nonsurvival of Representations, Warranties and Agreements. All --------------------------------------------------------- representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall will be deemed to the extent expressly provided herein to be conditions to the Merger and will not survive the Merger; , provided, however, that the agreements contained in Article IV3, the last sentence of -------- ------- Section 7.4 and Sections 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 6.9 and this Article X shall 9 will survive the MergerMerger and Sections 6.10, 6.11, 8.2 and 8.4 will survive termination.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Seaman Furniture Co Inc)
Nonsurvival of Representations, Warranties and Agreements. All representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, howeverPROVIDED, HOWEVER, that the agreements contained in Article IV4 and in Sections 7.7, the last sentence of Section 7.4 and Sections 7.107.8, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 7.12 and this Article X 10 shall survive the Merger.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. All None of the representations, warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger; provided, however, that the agreements contained in Article IV2, the last sentence of Section 7.4 A-33 35 Article 3 and in Sections 7.106.10, 7.116.11, 7.126.12, 7.136.13, 7.14, 7.15 and 7.16 6.14 and this Article X 9 and the agreements delivered pursuant to this Agreement shall survive the Merger, unless otherwise provided herein.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Devon Energy Corp/De)
