Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 18 contracts
Samples: Agreement and Plan of Merger (Webster Financial Corp), Stockholder Agreement (Edify Corp), Agreement and Plan of Merger (Mech Financial Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreements and the Confidentiality Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for Section 6.8 and for those other covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (CCB Financial Corp), Agreement and Plan of Merger (Wells Fargo & Co), Agreement and Plan of Merger (CCB Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreements and the Confidentiality Agreement, which shall terminate in accordance with its termsthe terms thereof) shall survive the Effective Time, except for Section 6.8 and for those other covenants and agreements contained herein and therein which that by their terms apply in whole or in part after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Firstar Corp /New/), Agreement and Plan of Merger (Firstar Corp /New/), Agreement and Plan of Merger (Us Bancorp \De\)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreement, Agreement and the Management Agreement which shall terminate in accordance with its their respective terms) shall survive the Effective 155 Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (First Nationwide Holdings Inc), Agreement and Plan of Reorganization (Mafco Holdings Inc), Agreement and Plan of Reorganization (First Nationwide Parent Holdings Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Company Option Agreement, Agreement which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Monocacy Bancshares Inc), Agreement and Plan of Merger (Patapsco Valley Bancshares Inc), Agreement and Plan of Merger (F&m Bancorp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option AgreementSupport Agreement and the Receivables Agreements, which shall terminate in accordance with its their respective terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Arcadia Financial LTD), Agreement and Plan of Merger (Arcadia Financial LTD)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option AgreementAgreement and the Confidentiality Agreements, which shall terminate in accordance with its termsthe terms thereof) shall survive the Effective Time, except for Section 6.8 and for those other covenants and agreements contained herein and therein which that by their terms apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Imperial Bancorp), Agreement and Plan of Merger (Comerica Inc /New/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time, including, but not limited to, the provisions of Section 9.5 hereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Statewide Financial Corp), Agreement and Plan of Merger (Broad National Bancorporation)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the UST Option Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Schwab Charles Corp), Agreement and Plan of Merger (U S Trust Corp /Ny)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreements and the Confidentiality Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which that by their terms apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Crompton & Knowles Corp), Agreement and Plan of Reorganization (Witco Corp)
Nonsurvival of Representations, Warranties and Agreements. None of --------------------------------------------------------- the representations, warranties, covenants and agreements in this Agreement or in any instrument 52 delivered pursuant to this Agreement (other than pursuant to the Option AgreementAgreements, which shall terminate in accordance with its their terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Place Financial Corp /De/), 00 Agreement and Plan of Merger (Ffy Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants warranties and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreement, which shall terminate in accordance with its terms) shall survive the Closing and the Effective Time, except for those covenants and agreements contained herein and therein which which, by their terms apply in whole or in part terms, are to be performed after the Effective TimeTime and the agreements of the Affiliates of Transport delivered pursuant hereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Transport Corporation of America Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements of Parent and/or Acquisition Sub in this Agreement nor any instrument delivered pursuant to this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cardiotech International Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or Agreement, in any instrument delivered pursuant to this Agreement or in the Confidentiality Agreement (other than pursuant to the Option AgreementAgreements, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option AgreementAgreements, which shall terminate in accordance with its their terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.. 9.3
Appears in 1 contract
Samples: Agreement and Plan of Merger Agreement (Pinnacle Financial Services Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreements and the Confidentiality Agreement, which shall each terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Unb Corp/Oh)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the CB Option Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Pinnacle Financial Services Inc)
Nonsurvival of Representations, Warranties and Agreements. None of --------------------------------------------------------- the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Source Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Summit Option Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for Section 6.8 and for those other covenants and agreements contained herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fleetboston Financial Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Company Option Agreement, Agreement which shall terminate in accordance with its terms) shall survive the 132 Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (New York Bancorp Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than Section 10.3 hereof and pursuant to the Stock Option AgreementAgreements, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Company Option Agreement and the Support Agreement, which shall terminate in accordance with its their respective terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Chase Manhattan Corp /De/)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option AgreementAgreements, which shall terminate in accordance with its their terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Support Agreement, which shall terminate in accordance with its terms) shall 42 survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Emons Transportation Group Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the FUSA Option Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreements and the Confidentiality Agreement, which shall terminate in accordance with its their terms) shall survive the Effective Time, except for Section 6.8 and for those other covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option AgreementAgreements, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.. 9.3
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Chicago NBD Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Company Option Agreement, Agreement which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time. 10.4.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None of ---------------------------------------------------------- the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement (other than pursuant to the Option Agreement, which shall terminate in accordance with its terms) shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.
Appears in 1 contract
