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 Articles I and II, Sections 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 4 contracts
Samples: Merger Agreement (Broderbund Software Inc /De/), Merger Agreement (Learning Co Inc), Merger Agreement (Broderbund Software 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 Articles I Section 2.1, 2.2, 5.10, 5.15 and II, Sections 1.04, 2.01, 2.02, 6.12, 6.14 the last sentence of Section 7.4 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 Agreement8.
Appears in 4 contracts
Samples: Merger Agreement (Richey Electronics Inc), Merger Agreement (Arrow Electronics Inc), Merger Agreement (Arrow Electronics 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 Articles I Sections 1.4, 1.5, 1.6, 2.1, 2.2, 2.3, 5.9, and II, Sections 1.04, 2.01, 2.02, 6.12, 6.14 5.11 and Article IX, and the agreements of the Affiliates delivered pursuant to Section 6.10VIII. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (Jackpot Enterprises Inc), Merger Agreement (Players International Inc /Nv/), Merger Agreement (Kornstein Don R)
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 Articles I and II, Sections 1.04, 2.01, 2.02, 6.12, 6.14 6.14, 8.03 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 (Eclipsys Corp), Merger Agreement (MediaMax Technology CORP), Merger Agreement (Transition 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 Articles I and II, Sections 1.04, 2.01, 2.026.11, 6.12, 6.14 6.13, 6.18(c), 6.18(e), 6.20 and Article IX, and the agreements of the Affiliates delivered pursuant to Section 6.106.09. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Millennium Pharmaceuticals Inc), Merger Agreement (Millennium Pharmaceuticals Inc), Merger Agreement (Leukosite 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 Articles I Sections 1.4, 2.1, 2.2, 2.3, 5.9, 5.11, 5.13 and II, Sections 1.04, 2.01, 2.02, 6.12, 6.14 5.14 and Article IX, and the agreements of the Affiliates delivered pursuant to Section 6.10VIII. The Confidentiality Agreement Agreements shall survive the execution and delivery of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Harrahs Entertainment Inc), Merger Agreement (Showboat 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 Sections 1.3, 5.12, 5.16 and 5.17 and Articles I II and II, Sections 1.04, 2.01, 2.02, 6.12, 6.14 and Article IXVIII, and the agreements of the Affiliates delivered pursuant to Section 6.105.9. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Hanover Compressor Co /), Merger Agreement (Oec Compression 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 Articles I and IISections 1.4, Sections 1.042.1, 2.012.2, 2.027.14, 6.12, 6.14 and Article IXX, and the agreements of the Affiliates delivered pursuant to Section 6.107.10. The Confidentiality Agreement shall survive the execution and delivery of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Iq Software 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 Articles I and II, Sections 1.04, 2.01, 2.02, 2.03, 6.10, 6.11, 6.12, 6.14 6.13, 6.14, 6.21 and Article IX, and the agreements of the Affiliates delivered pursuant to Section 6.10. The Confidentiality Agreement Agreements shall survive the execution and delivery of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (TMP Worldwide 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 Articles I Sections 1.6, 2.1, 2.2, 2.4, 5.16, 5.19, 5.20 and II, Sections 1.04, 2.01, 2.02, 6.12, 6.14 5.27 and Article IXVIII, and the agreements of the Affiliates delivered pursuant to Section 6.105.12. The Confidentiality Agreement Agreements 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 Articles I and Article II, Sections 1.047.02, 2.017.03, 2.02, 6.12, 6.14 the last sentence of Section 7.04 and Article IXVIII, and the agreements of the Affiliates of the Company delivered pursuant to Section 6.105.12. 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 Articles I Sections 1.6, 2.1, 2.2, 2.4, 5.14, 5.16, 5.19, 5.21 and II, Sections 1.04, 2.01, 2.02, 6.12, 6.14 5.26 and Article IXVIII, and the agreements of the Affiliates delivered pursuant to Section 6.105.12. The Confidentiality Agreement Agreements shall survive the execution and delivery of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (N2k 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 Articles I and II, Sections 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 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 Articles I and II, Sections Section 1.04, Section 2.01, Section 2.02, 6.12Section 6.13, 6.14 Section 6.14, Section 6.15, Section 6.17, Section 6.18, Section 19 and Article IX, and the agreements of the Affiliates delivered pursuant to Section 6.10. The Confidentiality Agreement between Kana and Silknet dated as of February 1, 2000 (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 Articles I and II, Sections 1.04, 2.01, 2.02, 6.126.08, 6.14 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
Samples: Merger Agreement (Office Depot 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 Articles I and Article II, Sections 1.045.08, 2.015.09, 2.02, 6.12, 6.14 7.02 and 7.03 and this Article IX, and the agreements of the Affiliates delivered pursuant to Section 6.10VIII. The Confidentiality Agreement Agreements shall survive the execution and delivery of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Trion Inc)