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 shall survive the Effective Time. Notwithstanding the foregoing, this Section 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in full.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Digital Cinema Destinations Corp.), Agreement and Plan of Merger (Rock-Tenn CO), Agreement and Plan of Merger (Rock-Tenn CO)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants representations and agreements warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. Notwithstanding the foregoing, this This Section 9.1 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in fullTime.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Eig Acquisition Corp), Agreement and Plan of Merger (Tracor Inc /De), Agreement and Plan of Merger (Elite Information Group Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants representations and agreements warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. Notwithstanding the foregoing, this This Section 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in fullTime.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Inncardio, Inc), Agreement and Plan of Merger (Front Porch Digital Inc), Agreement and Plan of Merger (Enhance Biotech 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 shall survive the Effective Time. Notwithstanding the foregoing, this Section 9.1 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in full.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Microfinancial Inc), Agreement and Plan of Merger (Kenexa Corp), Agreement and Plan of Merger (Kenexa Corp)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants representations and agreements warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. Notwithstanding the foregoing, this This Section 9.1 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in full.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Xerox Corp), Agreement and Plan of Merger (Global Imaging Systems Inc), Agreement and Plan of Merger (Digitas Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants representations and agreements warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. Notwithstanding the foregoing, this This Section 9.1 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in fullTime.
Appears in 3 contracts
Samples: Agreement (RFS Hotel Investors Inc), Agreement (CNL Hospitality Properties Inc), Agreement and Plan of Merger (Perry Ellis International Inc)
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 shall survive the Effective Time. Notwithstanding the foregoing, this This Section 9.1 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in fullTime.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Varco International Inc /De/), Agreement and Plan of Merger (National Oilwell 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 shall survive the Effective Time. Notwithstanding the foregoing, this This Section 9.1 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in full.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (BMC Software Inc), Agreement and Plan of Merger (BladeLogic, Inc.)
Nonsurvival of Representations, Warranties and Agreements. None of the representationsrepresentations or warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Acceptance Date and none of the covenants, warranties, covenants and or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. Notwithstanding the foregoing, ; provided that this Section 9.1 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in full.
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 shall survive the Effective Time. Notwithstanding the foregoing, this Section 9.1 10.1 shall not limit any covenant or agreement of the parties which by its express terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in fullTime.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Global Med Technologies Inc)
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 shall survive the Effective Time. Notwithstanding the foregoing, this This Section 9.1 8.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in fullTime.
Appears in 1 contract
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants representations and agreements warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. Notwithstanding the foregoing, this This Section 9.1 shall not limit any covenant or agreement of the parties which that, by its terms terms, contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in full.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Clayton Holdings Inc)
Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants representations and agreements warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. Notwithstanding the foregoing, this This Section 9.1 11.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or relates to delivery of the Exchange Fund in full.
Appears in 1 contract
