Nonsurvival. 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 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 and those set forth in this ARTICLE XII.
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (Affinia Group Intermediate Holdings Inc.)
Nonsurvival. None of the representations, warranties, covenants and or 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 those covenants and agreements contained herein that by their respective terms expressly apply or are required to be performed in whole or in part after the Effective Time and those set forth in this ARTICLE XIIClosing.
Appears in 2 contracts
Samples: Merger Agreement (Aki Inc), Merger Agreement (Von Hoffmann Holdings Inc)
Nonsurvival. None of the representations, warranties, covenants and or agreements in this Agreement or in any instrument certificate 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 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 and those set forth in this ARTICLE XIITime.
Appears in 1 contract
Samples: Merger Agreement (Neustar Inc)
Nonsurvival. None of the representations, warranties, covenants and or 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 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 and those set forth in this ARTICLE XIITime.
Appears in 1 contract
