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

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: Merger Agreement (American Industrial Properties Reit Inc), Agreement and Plan of Merger (American Industrial Properties Reit Inc), Merger Agreement (Usaa Income Properties Iii LTD Partnership)

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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: Merger Agreement (Ign Entertainment Inc), Merger Agreement (Great Hill Partners LLC), Merger Agreement (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: Merger Agreement (Richmont Marketing Specialists Inc), Merger Agreement (Ultimate Food Sales Inc), Merger Agreement (Butler Bruce A)

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: Merger Agreement (Lexington Corporate Properties Inc), Merger Agreement (Lexington Corporate Properties Inc), Merger Agreement (Corporate Realty Income Trust I)

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: Merger Agreement (Baker Hughes Inc), Merger Agreement (Western Atlas Inc), Merger Agreement (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 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: Merger Agreement (PMC Commercial Trust /Tx), Merger Agreement (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: Merger Agreement (Merkert American Corp), Merger Agreement (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 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.

Appears in 2 contracts

Samples: Merger Agreement (Royce Laboratories Inc /Fl/), Merger Agreement (Watson Pharmaceuticals 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: Merger Agreement (Kimco Realty Corp), Merger Agreement (Price 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 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: Merger Agreement (STV Group Inc), Merger Agreement (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; 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: Merger Agreement (Cv Reit Inc), Merger Agreement (Kranzco Realty 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 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: Merger Agreement (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 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 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: Merger Agreement (Dynegy Inc /Il/), Merger Agreement (Enron Corp/Or/)

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: Merger Agreement (Source Scientific 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 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

Samples: Merger Agreement (Versatility Inc)

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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

Samples: Merger Agreement (Expert Software 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 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

Samples: Merger Agreement (Loctite 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 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: Merger Agreement (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 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: Merger Agreement (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 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

Samples: Merger Agreement (Hc Investments 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: Merger Agreement (Erc Industries 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 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: Merger Agreement (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, 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

Samples: Merger Agreement (Deltek Systems 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 7.4, 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: Merger Agreement (Mid America Realty Investments 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 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: Merger Agreement (Patriot American Hospitality Operating Co\de)

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