Nonsurvival. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except those covenants and agreements that by their terms apply or are to be performed in whole or in part after the Effective Time shall survive the Effective Time for the period set forth therein or until fully performed.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Zevra Therapeutics, Inc.), Agreement and Plan of Merger (Acer Therapeutics Inc.), Agreement and Plan of Merger (Ocera Therapeutics, Inc.)
Nonsurvival. None of the representations, warranties, covenants or covenants, and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except 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 shall survive the Effective Time for the period set forth therein or until fully performed.and this Article X.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Carolina Financial Corp), Agreement and Plan of Merger (United Bankshares Inc/Wv), Agreement and Plan of Merger (Carolina Financial Corp)
Nonsurvival. None of the representations, warranties, covenants or and agreements set forth in this Agreement or in any instrument delivered pursuant to other than this Agreement Section 8.12 shall survive the Effective Time, except for those 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 shall survive the Effective Time for the period set forth therein or until fully performedTime.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ameris Bancorp), Agreement and Plan of Merger (Ameris Bancorp), Agreement and Plan of Merger (Jacksonville Bancorp Inc /Fl/)
Nonsurvival. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein that by their respective terms apply or are required to be performed in whole or in part after the Effective Time shall survive the Effective Time for the period set forth therein or until fully performedClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Aki Inc), Agreement and Plan of Merger (Von Hoffmann Holdings Inc)
Nonsurvival. None of the representations, warranties, covenants or and agreements in this Agreement or in any instrument delivered pursuant to this Agreement Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, except for those covenants and agreements contained herein that by their terms expressly apply or are to be performed in whole or in part after the Effective Time shall survive the Effective Time for the period and those set forth therein or until fully performedin this ARTICLE XII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Affinia Group Intermediate Holdings Inc.)
Nonsurvival. None of the representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements that by their terms apply or are to be performed in whole or in part after the Effective Time shall survive the Effective Time for the period set forth therein or until fully performedTime.
Appears in 1 contract
Samples: Agreement and Plan of Merger (AquaVenture Holdings LTD)
Nonsurvival. None of the representations, warranties, covenants or and agreements set forth in this Agreement or in any instrument delivered pursuant to other than Section 5.10, Section 5.11(b) and this Agreement Section 8.14 shall survive the Effective Time, except for those 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 shall survive the Effective Time for the period set forth therein or until fully performedTime.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bancorp of New Jersey, Inc.)
Nonsurvival. None of the representations, warranties, covenants or and agreements set forth in this Agreement or in any instrument delivered pursuant to other than this Agreement Section 8.14 shall survive the Effective Time, except for those 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 shall survive the Effective Time for the period set forth therein or until fully performedTime.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Financial Bancorp /Oh/)
