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

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for Sections 6.5(d) and 6.6 and for those other covenants and agreements contained in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 2 contracts

Samples: Merger Agreement (First Capital Bancorp, Inc.), Merger Agreement (Park Sterling Corp)

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Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(dSection ‎6.7(a) and 6.6 and for those other obligations, covenants and agreements contained in this Agreement that herein which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 2 contracts

Samples: Merger Agreement (Atlantic Union Bankshares Corp), Merger Agreement (Sandy Spring Bancorp Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Shareholder Agreement, the Registration Rights Agreement or the Confidentiality Agreement, each of which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.5(d) 6.5 and 6.6 and for those other covenants and agreements contained in this Agreement that herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 2 contracts

Samples: Merger Agreement (First Data Corp), Merger Agreement (Fiserv Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(d) 6.8 and 6.6 6.13 and for those other obligations, covenants and agreements contained in this Agreement that which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 2 contracts

Samples: Merger Agreement (Atlantic Capital Bancshares, Inc.), Merger Agreement (Cadence Bancorporation)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement or in any instrument certificate delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 Section 6.7 and for those other obligations, covenants and agreements contained in this Agreement that which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 2 contracts

Samples: Merger Agreement (Flagstar Bancorp Inc), Merger Agreement (New York Community Bancorp Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 Section 6.8 and for those other obligations, covenants and agreements contained in this Agreement that herein which by their terms apply or are to be performed in whole or in part after the Effective Time.. February 2021 - Agreement and Plan of Merger

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Camber Energy, Inc.), Agreement and Plan of Merger (Viking Energy Group, Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 Section 6.9 and for those other covenants and agreements contained in this Agreement that herein and therein which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 2 contracts

Samples: Merger Agreement (Brookline Bancorp Inc), Merger Agreement (Berkshire Hills Bancorp Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(d) ‎6.8 and 6.6 ‎6.13 and for those other obligations, covenants and agreements contained in this Agreement that which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (SOUTH STATE Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 Section ‎6.7 and for those other obligations, covenants and agreements contained in this Agreement that herein which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (First Interstate Bancsystem Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement or in any instrument certificate delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 Section 6.8 and for those other obligations, covenants and agreements contained in this Agreement that which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (People's United Financial, Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(d) and Section 6.6 and for those other obligations, covenants and agreements contained in this Agreement that by to the extent their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Cowen Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 Section 6.07 and for those other obligations, covenants and agreements contained in this Agreement that herein which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Umb Financial Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(d) 6.7 and 6.6 6.13 and for those other obligations, covenants and agreements contained in this Agreement that herein which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Broadway Financial Corp \De\)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(dSection 6.6(a) and 6.6 and for those other obligations, covenants and agreements contained in this Agreement that herein which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (CBTX, Inc.)

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Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.5(d) 6.6, 6.7 and 6.6 6.9, and for those other covenants and agreements contained in this Agreement herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (United Community Financial Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.5(d) 6.6, 6.7 and 6.6 6.10, and for those other covenants and agreements contained in this Agreement herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Civista Bancshares, Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.5(d) 6.4, 6.10 and 6.6 and for those other covenants and agreements contained in this Agreement that herein and therein which by their terms apply after, or are to be performed in whole or in part after after, the Effective Time., each of which shall survive until performed. [Signature Page Follows]

Appears in 1 contract

Samples: Merger Agreement (SPX Corp)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.5(dSection 6.2(b) and 6.6 and for those other covenants and agreements contained in this Agreement that 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: Merger Agreement (Century Bancorp Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 Section 7.7, Section 9.2 and for those other obligations, covenants and agreements contained in this Agreement that herein which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Neenah Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 ‎Section 6.07 and for those other obligations, covenants and agreements contained in this Agreement that herein which by their terms apply or are to be performed in whole or in part after the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Heartland Financial Usa Inc)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreements, which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 Section 6.7 and for those other covenants and agreements contained in this Agreement that 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: Merger Agreement (Commercial Bancshares Inc \Oh\)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, obligations, covenants and agreements set forth in this Agreement (or in any instrument certificate delivered pursuant to this Agreement Agreement) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 Section 6.8 and for those other obligations, covenants and agreements contained in this Agreement that herein which by their terms apply or are to be performed in whole or in part after the Effective Time.. Agreement and Plan of Merger

Appears in 1 contract

Samples: Merger Agreement (Viking Energy Group, Inc.)

Nonsurvival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement, which shall survive in accordance with its terms) shall survive the Effective Time, except for Sections 6.5(d) and 6.6 Section 6.8, and for those other covenants and agreements contained in this Agreement that 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: Merger Agreement (Territorial Bancorp Inc.)

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