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

Nonsurvival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, except for (a) those covenants or agreements contained herein that by their terms apply to or are to be performed in whole or in part after the Effective Time and (b) this Article IX.

Appears in 8 contracts

Samples: Merger Agreement (KKR & Co. Inc.), Merger Agreement (KKR & Co. Inc.), Merger Agreement

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Nonsurvival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the First Effective Time, except for (a) those covenants or agreements contained herein that by their terms apply to or are to be performed in whole or in part after the First Effective Time and (b) this Article IX.

Appears in 4 contracts

Samples: Merger Agreement (Fidelity National Financial, Inc.), Merger Agreement (Fidelity National Financial, Inc.), Merger Agreement (Fidelity National Financial, Inc.)

Nonsurvival of Representations, Warranties, Covenants 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, including any rights arising out of any breach of such representations, warranties, covenants and agreements, which shall terminate in accordance with its terms) shall survive the Effective Time, except for (a) those covenants or and agreements contained herein that and therein which by their terms apply to or are to be performed in whole or in part after the Effective Time and (b) this Article IXTime.

Appears in 4 contracts

Samples: Merger Agreement (Webster Financial Corp), Merger Agreement (Newmil Bancorp Inc), Merger Agreement (Webster Financial Corp)

Nonsurvival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, except for (a) Article II and Article III, (b) those other covenants or agreements contained set forth herein that by their terms apply to or are to be performed in whole or in part after the Effective Time and (bc) this Article IX.

Appears in 2 contracts

Samples: Merger Agreement (Vericity, Inc.), Merger Agreement (Vericity, Inc.)

Nonsurvival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective TimeClosing, except for (a) those covenants or agreements contained herein that by their terms apply to or are to be performed in whole or in part after the Effective Time execution and delivery of this Agreement and (b) this Article IXSection 7.

Appears in 2 contracts

Samples: Series a Preferred Share Purchase Agreement (Blackstone Holdings III L.P.), Series a Preferred Share Purchase Agreement (Fidelity National Financial, Inc.)

Nonsurvival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, Agreement shall survive the Effective Time, except for (a) Section 5.7 and for those other covenants or and agreements contained herein in this Agreement that by their terms apply to or are to be performed in whole or in part after the Effective Time and (b) this Article IXTime.

Appears in 1 contract

Samples: Merger Agreement (NTS Realty Holdings Lp)

Nonsurvival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, except for (a) those covenants or agreements contained herein that by their terms apply to or are to be performed in whole or in part after the Effective Time and (b) this Article IXClosing.

Appears in 1 contract

Samples: Voting and Support Agreement (State Auto Financial CORP)

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Nonsurvival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, Agreement shall survive the Effective Time, except for (a) those covenants or and agreements contained herein that by their terms apply to or are to be performed in whole or in part after the Effective Time or after the termination of this Agreement and (b) those contained in this Article IX.

Appears in 1 contract

Samples: Merger Agreement (Headwaters Inc)

Nonsurvival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective TimeClosing, except for (a) those covenants or agreements contained set forth herein that by their terms apply to or are to be performed in whole or in part after following the Effective Time Closing and (b) this Article IX.X.

Appears in 1 contract

Samples: Merger Agreement (State Auto Financial CORP)

Nonsurvival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, except for (a) those covenants or agreements contained set forth herein that by their terms apply to or are to be performed in whole or in part after the Effective Time and (b) this Article IX.

Appears in 1 contract

Samples: Merger Agreement (FBL Financial Group Inc)

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