Common use of Survival of Representations, Warranties or Covenants Clause in Contracts

Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, and 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effect. The representations and covenants contained in Sections 1.01, 1.05, 2.05, 3.15, 5.15, 5.17, 5.18, 5.19, 5.22, 5.26, 6.02, 6.03, 6.05, 6.07, 6.10, and all of the provisions of this Article XI shall survive the Effective Time.”

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Horizon Bancorp Inc /In/), Agreement and Plan of Merger (Horizon Bancorp Inc /In/)

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Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, warranties or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, and Section 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effect. The representations and covenants contained in Sections 1.01, 1.05, 2.052.06, 3.15, 5.155.16, 5.17, 5.18, 5.195.21, 5.22, 5.26, 6.025.23, 6.03, 6.05, 6.07, 6.10, 6.08 and all of the provisions of this Article XI shall survive the Effective Time.

Appears in 2 contracts

Samples: Merger Agreement (LaPorte Bancorp, Inc.), Agreement and Plan of Merger (Horizon Bancorp /In/)

Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, and 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effect. The representations and covenants contained in Sections 1.01, 1.05, 2.05, 3.15, 5.155.16(d), 5.17, 5.18, 5.19, 5.22, 5.26, 6.025.20, 6.03, 6.05, 6.07, 6.106.08, and all of the provisions of this Article XI shall survive the Effective Time.

Appears in 2 contracts

Samples: Merger Agreement (Wolverine Bancorp, Inc.), Merger Agreement (Horizon Bancorp /In/)

Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, warranties or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, 5.06 (but only with respect to Heartland’s obligation to pay the Termination Fee after the termination of this Agreement) and 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effectAgreement. The representations and covenants contained in Sections 1.01, 1.05, 2.051.06, 3.152.04, 5.15, 5.16, 5.17, 5.18, 5.19, 5.22, 5.26, 6.02, 6.03, 6.05, 6.07, 6.10, 6.05 and all of the provisions of this Article XI shall survive the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Horizon Bancorp /In/)

Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, warranties or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, 5.06 and 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effect. The representations and covenants contained in Sections 1.01, 1.05, 2.052.04, 3.15, 5.155.16, 5.17, 5.18, 5.195.24, 5.226.04, 5.26, 6.02, 6.03, 6.05, 6.07, 6.10, 6.06 and all of the provisions of this Article XI shall survive the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Horizon Bancorp /In/)

Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, and 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effect. The representations and covenants contained in Sections 1.01, 1.05, 2.05, 3.15, 5.15, 5.17, 5.18, 5.19, 5.22, 5.26, 6.02, 6.03, 6.05, 6.07, 6.10, and all of the provisions of this Article XI shall survive the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Horizon Bancorp Inc /In/)

Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, 5.06 and 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effect. The representations and covenants contained in Sections 1.01, 1.05, 2.05, 3.15, 5.152.04, 5.17, 5.18, 5.19, 5.22, 5.26, 6.02, 6.03, 6.05, 6.07, 6.10, 6.05 and all of the provisions of this Article XI shall survive the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Northwest Indiana Bancorp)

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Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, 5.06 and 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effect. The representations and covenants contained in Sections 1.01, 1.05, 2.05, 3.15, 5.152.06, 5.17, 5.18, 5.19, 5.225.25, 5.266.04, 6.026.06, 6.036.08, 6.05, 6.07, 6.106.09, and all of the provisions of this Article XI shall survive the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Finward Bancorp)

Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, warranties or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, 5.10(c) and 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effect. The representations and covenants contained in Sections 1.01, 1.051.03, 2.052.02, 3.152.03, 5.15, 5.17, 5.18, 5.19, 5.22, 5.26, 6.02, 6.03, 6.05, 6.07, 6.10, 6.04 and all of the provisions of this Article XI shall survive the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (First Internet Bancorp)

Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, 5.06 and 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effect. The representations and covenants contained in Sections 1.01, 1.05, 2.052.06, 3.15, 5.15, 5.175.16(d), 5.18, 5.19, 5.22, 5.26, 6.02, 6.03, 6.05, 6.07, 6.10, 6.08 and all of the provisions of this Article XI shall survive the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Northwest Indiana Bancorp)

Survival of Representations, Warranties or Covenants. Except as set forth in the following sentence, none of the representations, warranties, warranties or covenants of the parties will survive the Effective Time or the earlier termination of this Agreement, and thereafter the parties will have no further liability with respect thereto. The covenants contained in Sections 5.06, 5.07, 5.06 and 8.02 and this Article XI shall survive termination of this Agreement and remain in full force and effect. The representations and covenants contained in Sections 1.01, 1.05, 1.06, 2.02, 2.05, 3.15, 5.155.16, 5.17, 5.18, 5.19, 5.22, 5.26, 6.025.21, 6.03, 6.05, 6.07, 6.10, 6.05 and all of the provisions of this Article XI shall survive the Effective Time.

Appears in 1 contract

Samples: Merger Agreement (Horizon Bancorp /In/)

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