Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 157 contracts
Samples: Agreement and Plan of Merger (Black Knight, Inc.), Agreement and Plan of Merger, Agreement and Plan of Merger
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 117 contracts
Samples: Agreement and Plan of Merger (Apexigen, Inc.), Agreement and Plan of Merger (Pyxis Oncology, Inc.), Agreement and Plan of Merger (Virtusa Corp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 78 contracts
Samples: Advisory Agreement, Advisory Agreement (American Realty Capital - Retail Centers of America, Inc.), Agreement and Plan of Merger (Apple REIT Ten, Inc.)
Nonsurvival of Representations and Warranties. None of the The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement made herein shall not survive beyond the Effective TimeTime or a termination of this Agreement. This Section 8.01 7.1 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates requires performance after the Effective Time.
Appears in 76 contracts
Samples: Share Exchange and Reorganization Agreement (Get Real USA, Inc.), Agreement and Plan of Merger (Blackcraft Cult, Inc.), Agreement and Plan of Merger (Capstone Financial Group, Inc.)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 33 contracts
Samples: Tender and Support Agreement (VirtualScopics, Inc.), Agreement and Plan of Merger (Apple REIT Seven, Inc.), Agreement and Plan of Merger (Applied Signal Technology Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit Section 8.02 or any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 30 contracts
Samples: Agreement and Plan of Merger (Bottomline Technologies Inc), Agreement and Plan of Merger (Jefferies Financial Group Inc.), Agreement and Plan of Merger (Homefed Corp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement confirming the representations and warranties in this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 23 contracts
Samples: Agreement and Plan of Merger (Cornerstone Realty Income Trust Inc), Guaranty Agreement (Equity Office Properties Trust), Agreement and Plan of Merger (Merry Land Properties Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit the survival of any covenant or agreement of the parties in the Agreement which by its terms contemplates performance after the Effective Time.
Appears in 21 contracts
Samples: Agreement and Plan of Merger (Sphere 3D Corp), Agreement and Plan of Merger (Alexza Pharmaceuticals Inc.), Agreement and Plan of Merger (Synergetics Usa Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which in this Agreement that by its terms contemplates performance after the Effective Time.
Appears in 15 contracts
Samples: Agreement and Plan of Merger (Top Image Systems LTD), Agreement and Plan of Merger and Reorganization (Emergent BioSolutions Inc.), Agreement and Plan of Merger and Reorganization (Trubion Pharmaceuticals, Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 15 contracts
Samples: Agreement and Plan of Merger (Volta Inc.), Agreement and Plan of Merger (Computer Associates International Inc), Agreement and Plan of Merger (Shaw Industries Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective TimeTime of the Merger. This Section 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective TimeTime of the Merger.
Appears in 15 contracts
Samples: Agreement and Plan of Merger (Boise Cascade Corp), 25 Agreement and Plan of Merger (Alpha Virtual Inc/Ca/), Agreement and Plan of Merger (Motor Club of America)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit the survival of any covenant or agreement of the parties in the Agreement which by its terms contemplates performance after the Effective Time.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Foamix Pharmaceuticals Ltd.), Agreement and Plan of Merger (Menlo Therapeutics Inc.), Agreement and Plan of Merger (Biogen Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Anixter International Inc), Agreement and Plan of Merger (Wesco International Inc), Agreement and Plan of Merger (Wesco International Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.01 9.2 shall not limit any covenant or agreement of the parties which contained in this Agreement that by its terms contemplates performance is to be performed in whole or in part after the Effective Time.
Appears in 13 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Books a Million Inc), Agreement and Plan of Merger (PennantPark Floating Rate Capital Ltd.)
Nonsurvival of Representations and Warranties. None of the representations and warranties contained in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.3 shall not limit any covenant or agreement of the parties which by its terms hereto that contemplates performance after the Effective Time.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (EQT Corp), Agreement and Plan of Merger (Trans Energy Inc), Agreement and Plan of Merger (Chindex International Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 11 contracts
Samples: Limited Liability Company Agreement (Taubman Centers Inc), Limited Liability Company Agreement (Taubman Centers Inc), Amended and Restated Agreement and Plan of Merger (Simon Property Group L P /De/)
Nonsurvival of Representations and Warranties. None of the --------------------------------------------- representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Xcellenet Inc /Ga/), Agreement and Plan of Merger (Chartwell Leisure Inc), Agreement and Plan of Merger (Weeks Corp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time and such provisions shall survive the Effective Time.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Duke Energy CORP), Agreement and Plan of Merger (St Louis Riverboat Entertainment Inc), Agreement and Plan of Merger (Pinnacle Entertainment Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 11.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (PMC Commercial Trust /Tx), Agreement and Plan of Merger (Spectrum Organic Products Inc), Agreement and Plan of Merger (Tel Save Holdings Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 10.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Cybex International Inc), Agreement and Plan of Merger (Synergx Systems Inc), Agreement and Plan of Merger (Firecom Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit Section 8.2(a) or any covenant or agreement of the parties which that, by its terms terms, contemplates performance after the Effective Time.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (IHS Markit Ltd.), Agreement and Plan of Merger (S&P Global Inc.), Agreement and Plan of Merger (IHS Inc.)
Nonsurvival of Representations and Warranties. None of the representations and or warranties in this Agreement or in any document or instrument delivered pursuant to or in connection with this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which contained in this Agreement or in any document or instrument delivered pursuant to or in connection with this Agreement that by its terms contemplates performance applies in whole or in part after the Effective Time.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Ares Management LLC), Agreement and Plan of Merger (Cincinnati Bell Inc), Agreement and Plan of Merger (Cincinnati Bell Inc)
Nonsurvival of Representations and Warranties. None of the The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement made herein shall not survive beyond the Effective TimeTime or a termination of this Agreement. This Section 8.01 7.1 shall not limit any covenant or agreement of the parties which hereto that by its terms contemplates requires performance after the Effective Time.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Edwards J D & Co), Agreement and Plan of Merger (Peoplesoft Inc), Amended and Restated Agreement and Plan of Merger (Edwards J D & Co)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 (including any rights arising out of any breach of such representations and warranties) shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Morton Industrial Group Inc), Agreement and Plan of Merger (Globalive Communications Corp.), Agreement and Plan of Merger (Yak Communications Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 The foregoing sentence shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Spiros Development Corp Ii Inc), Agreement and Plan of Merger (Convergent Holding Corp), Management Services Agreement (Juno Lighting Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Edo Corp), Agreement and Plan of Merger (Itt Corp), Agreement and Plan of Merger (Infonet Services Corp)
Nonsurvival of Representations and Warranties. None of the The --------------------------------------------- representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement made herein shall not survive beyond the Effective TimeTime or a termination of this Agreement. This Section 8.01 7.1 shall not limit any covenant or agreement of the parties which hereto that by its terms contemplates requires performance after the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Quickturn Design Systems Inc), Agreement and Plan of Merger (Hall Kinion & Associates Inc), Agreement and Plan of Merger (Quickturn Design Systems Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger and Reorganization (Saifun Semiconductors Ltd.), Iii Agreement and Plan of Merger (Msystems LTD), Agreement and Plan of Merger and Reorganization (Saifun Semiconductors Ltd.)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Paxar Corp), Agreement and Plan of Merger (Golden State Vintners Inc), Agreement and Plan of Merger (Constellation Energy Group Inc)
Nonsurvival of Representations and Warranties. None of the representations representations, warranties, covenants and warranties agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This ; provided, however, that this Section 8.01 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: HTM Agreement and Plan of Merger, HTM Agreement and Plan of Merger, Agreement and Plan of Merger (Insys Therapeutics, Inc.)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective TimeTime or the termination of this Agreement. This Section 8.01 8.2 shall not limit any covenant or agreement of the parties contained in this Agreement which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Healthsource Inc), Agreement and Plan of Merger (Fortress Brookdale Acquisition LLC), Agreement and Plan of Merger (Brookdale Living Communities Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 10.01 shall not limit any covenant or agreement of the parties which hereto that by its terms contemplates performance after the Effective Time. The Confidentiality Agreement shall (a) survive termination of this Agreement in accordance with its terms and (b) terminate as of the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (TSR Inc), Agreement and Plan of Merger (NGM Biopharmaceuticals Inc), Agreement and Plan of Merger (POINT Biopharma Global Inc.)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, and shall expire at the Effective Time and be of no further effect thereafter. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Woronoco Bancorp Inc), Agreement and Plan of Merger (Berkshire Hills Bancorp Inc), Agreement and Plan of Merger (United National Bancorp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit Section 8.02 or any covenant or agreement obligation of the parties which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (SJW Group), Agreement and Plan of Merger (Connecticut Water Service Inc / Ct), Amended and Restated (SJW Group)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Execution Copy (National Computer Systems Inc), Agreement and Plan of Merger (Prison Realty Trust Inc), Agreement and Plan of Merger (Pn Acquisition Subsidiary Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties and, subject to the following sentence, covenants and agreements, in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Meritor, Inc.), Agreement and Plan of Merger (Tech Data Corp), Agreement and Plan of Merger (Presidio, Inc.)
Nonsurvival of Representations and Warranties. None of the representations and warranties representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (McLeodusa Inc), Agreement and Plan of Merger (Cincinnati Bell Inc /Oh/), Agreement and Plan of Merger (Trustees of General Electric Pension Trust)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement hereto shall survive the Effective Time. This , provided that this Section 8.01 9.01 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Cdsi Acquisition Corp), Agreement and Plan of Merger (Amdocs LTD), Agreement and Plan of Merger (International Telecommunication Data Systems Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement Agreement, or in any instrument delivered pursuant to this Agreement Agreement, shall survive after the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (DRS Technologies Inc), Agreement and Plan of Merger (Integrated Defense Technologies Inc), Agreement and Plan of Merger (Integrated Defense Technologies Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.3 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Detection Systems Inc), Agreement and Plan of Merger (Bosch Security Systems Corp), Agreement and Plan of Merger (Dyson Kissner Moran Corp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 12(a) shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 5 contracts
Samples: Exhibit 5 Stockholder Agreement (Ivillage Inc), Exhibit 6 Stockholder Agreement (Ivillage Inc), Exhibit 4 Stockholder Agreement (Ivillage Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Energy Transfer Equity, L.P.), Agreement and Plan of Merger (Williams Companies Inc), Limited Liability Company Agreement (Williams Companies Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any certificate or instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties Parties which by its express terms contemplates performance performance, in whole or in part, after the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Sentigen Holding Corp), Agreement and Plan of Merger (Virage Inc), Agreement and Plan of Merger (Virage Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective Time. This Section 8.01 shall 9.1 will not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Asg Sub Inc), Agreement and Plan of Merger (Aci Acquisition Partners Inc), Agreement and Plan of Merger (Viasoft Inc /De/)
Nonsurvival of Representations and Warranties. None of the representations and warranties set forth in of this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time, including, without limitation, Section 6.7.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Bertuccis of White Marsh Inc), Agreement and Plan of Merger (Ne Restaurant Co Inc), Agreement and Plan of Merger (Bertuccis Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 10.01 shall not limit Section 9.02 or any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Hostess Brands, Inc.), Agreement and Plan of Merger (Finjan Holdings, Inc.), Agreement and Plan of Merger (Carbonite Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement confirming the representations and warranties in this Agreement shall survive the Effective Time. This Section 8.01 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Meristar Hospitality Corp), Lease Agreement (American General Hospitality Corp), Agreement and Plan of Merger (Eldertrust)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit the survival of any covenant or agreement of the parties hereto in this Agreement which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc), Agreement and Plan of Merger (Perceptive Advisors LLC), Agreement and Plan of Merger (Penwest Pharmaceuticals Co)
Nonsurvival of Representations and Warranties. None of the representations representations, warranties, covenants and warranties agreements in this Agreement or in any exhibit, schedule or instrument delivered pursuant to this Agreement shall survive beyond the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Dial Corp /New/), Agreement and Plan of Merger (Juno Lighting Inc), Agreement and Plan of Merger (Fremont Partners Lp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 10.01 shall not limit any covenant or agreement of the parties which hereto that by its terms contemplates performance after the Effective Time. The Confidentiality Agreement shall (i) survive termination of this Agreement in accordance with its terms and (ii) terminate as of the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (XOMA Corp), Agreement and Plan of Merger (Kinnate Biopharma Inc.), Agreement and Plan of Merger (Theseus Pharmaceuticals, Inc.)
Nonsurvival of Representations and Warranties. None of ---------------------------------------------- the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Weyerhaeuser Co), Agreement and Plan of Merger (Tj International Inc), Rights Agreement (Union Texas Petroleum Holdings Inc)
Nonsurvival of Representations and Warranties. None of the representations representations, warranties, covenants and warranties agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which hereto that by its terms contemplates performance after the Effective Time. The Confidentiality Agreement will survive termination of this Agreement in accordance with its terms.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Steadfast Apartment REIT, Inc.), Agreement and Plan of Merger (Independence Realty Trust, Inc.), Agreement and Plan of Merger (Independence Realty Trust, Inc)
Nonsurvival of Representations and Warranties. None Other than as described in Section 8.2, none of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Falcon Financial Investment Trust), Agreement and Plan of Merger (Istar Financial Inc), Agreement and Plan of Merger (Istar Financial Inc)
Nonsurvival of Representations and Warranties. None of the representations representations, warranties, covenants and warranties agreements in this Agreement or in any exhibit, schedule or instrument delivered pursuant to this Agreement shall survive beyond the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Interpublic Group of Companies Inc), Agreement and Plan of Merger (Synopsys Inc), Agreement and Plan of Merger (Avant Corp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 10.01 shall not limit any covenant or agreement of the parties contained in any Transaction Agreement which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Illinois Tool Works Inc), Agreement and Plan of Merger (Click Commerce Inc), Agreement and Plan of Merger (Illinois Tool Works Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Sysco Corp), Agreement and Plan of Merger
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time, including, without limitation, Section 5.7.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Sherrill Stephen), Agreement and Plan of Merger (Cort Business Services Corp), Agreement and Plan of Merger (Egan Charles)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 11.4 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Gaylord Container Corp /De/), Agreement and Plan of Merger (Gaylord Container Corp /De/), Agreement and Plan of Merger (Temple Inland Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (General Electric Co), Agreement and Plan of Merger (Midcoast Energy Resources Inc), Agreement and Plan of Merger (TMBR Sharp Drilling Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time. The Confidentiality Agreement shall (a) survive termination of this Agreement in accordance with its terms and (b) terminate as of the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (ARMO BioSciences, Inc.), Agreement and Plan of Merger (Vitae Pharmaceuticals, Inc), Agreement and Plan of Merger (Celator Pharmaceuticals Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which hereto that by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (AmREIT, Inc.), Agreement and Plan of Merger (Arbitron Inc), Agreement and Plan of Merger (Nielsen Holdings N.V.)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective TimeTime or the termination of this Agreement pursuant to Section 8.01.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Penney J C Co Inc), Agreement and Plan of Merger (Penney J C Co Inc), Agreement and Plan of Merger (Genovese Drug Stores Inc)
Nonsurvival of Representations and Warranties. None of the --------------------------------------------- representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (McKesson Corp), Agreement and Plan of Merger (Berkshire Hathaway Inc /De/), Agreement and Plan of Merger (Berkshire Hathaway Inc /De/)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time. The Confidentiality Agreement shall (a) survive termination of this Agreement in accordance with its terms and (b) terminate as of the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Stryker Corp), Agreement and Plan of Merger (Stryker Corp), Agreement and Plan of Merger (Dermira, Inc.)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.11 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Zev Ventures Inc.), Agreement and Plan of Merger and Reorganization (Brain Scientific Inc.), Agreement and Plan of Merger and Reorganization (NEUROONE MEDICAL TECHNOLOGIES Corp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any certificate or instrument delivered pursuant to this Agreement hereto or thereto shall survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties Parties which by its express terms contemplates performance performance, in whole or in part, after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (QRS Corp), Agreement and Plan of Merger (QRS Corp), Agreement and Plan of Merger (QRS Corp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit the survival of any covenant or agreement of the parties which in the Agreement that by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Outdoor Channel Holdings Inc), Agreement and Plan of Merger (Outdoor Channel Holdings Inc), Agreement and Plan of Merger (Harbinger Capital Partners Master Fund I, Ltd.)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Home Products International Inc), Agreement and Plan of Merger (Tennant James R), Agreement and Plan of Merger (Championship Auto Racing Teams Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which by its express terms contemplates performance after the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ramsay Youth Services Inc), Agreement and Plan of Merger (Lamela Luis E), Agreement and Plan of Merger (Paul Ramsay Holdings Pty LTD)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Electronics Boutique Holdings Corp), Agreement and Plan of Merger (Electronics Boutique Holdings Corp), Agreement and Plan of Merger (Electronics Boutique Holdings Corp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement hereto shall survive the Effective Time. This , provided that this Section 8.01 8.1 shall not limit any covenant or agreement of the parties which Parties that by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Employment Agreement (Targetti Sankey Spa), Voting Agreement (Tivoli Industries Inc), Agreement and Plan of Merger (Fujitsu LTD/Jp/)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 11.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement of Merger And (Time Warner Inc/), Agreement of Merger and Contribution (Cdnow Inc/Pa), Agreement of Merger and Contribution (Time Warner Inc/)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement (including the Company Disclosure Schedule) or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 10.01 shall not limit any covenant or agreement of the parties which hereto that by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ruby Merger Corp.), Agreement and Plan of Merger (Retek Inc), Agreement and Plan of Merger (Ruby Merger Corp.)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit (a) any covenant 42 or agreement of the parties which by its terms contemplates performance after the Effective TimeTime or (b) the survival of the last sentence of Section 6.02 and of Section 6.06, Section 8.03, this Article IX and the Confidentiality Agreement, as set forth in Section 8.03.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Elite Information Group Inc), Agreement and Plan of Merger (Elite Information Group Inc), Agreement and Plan of Merger (Elite Information Group Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties a party which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Robbins & Myers Inc), Agreement and Plan of Merger (Black & Decker Corp), Agreement and Plan of Merger (Stanley Works)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement hereto shall survive the Effective Time. This , provided that this Section 8.01 8.1 shall not limit any covenant or agreement of the parties parties, which by its terms contemplates performance after the Effective Timecovenants and agreements shall survive in accordance with their terms.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Harmon Industries Inc), Agreement and Plan of Merger (American Express Co), Agreement and Plan of Merger (Harmon Industries Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 10.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Green Plains Renewable Energy, Inc.), Agreement and Plan of Merger (Green Plains Renewable Energy, Inc.), Stock Purchase Agreement (Green Plains Renewable Energy, Inc.)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sierra Health Services Inc), Agreement and Plan of Merger (Creative Host Services Inc), Agreement and Plan of Merger (Interwoven Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties representations, warranties, covenants or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This ; provided that this Section 8.01 8.1 shall not limit any covenant or agreement of the parties which in this Agreement that by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Providence & Worcester Railroad Co/Ri/), Agreement and Plan of Merger (Genesee & Wyoming Inc), Agreement and Plan of Merger (Railamerica Inc /De)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective Time. This Section 8.01 shall 9.01 will not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Readers Digest Association Inc), Amended and Restated Agreement and Plan of Merger (CTS Corp), Agreement and Plan of Merger (Dynamics Corp of America)
Nonsurvival of Representations and Warranties. None Except as specifically provided in the Indemnification Agreement, none of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (RGGPLS Holding, Inc.), Agreement and Plan of Merger (GRH Holdings, L.L.C.), Agreement and Plan of Merger (Millstream Acquisition Corp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance or compliance, in whole or in part, after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Applied Molecular Transport Inc.), Agreement and Plan of Merger (Cyclo Therapeutics, Inc.), Agreement and Plan of Merger (Cyclo Therapeutics, Inc.)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This , and shall expire at the Effective Time and be of no further effect thereafter; provided, however, that this Section 8.01 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Partners Trust Financial Group Inc), Agreement and Plan of Merger (Partners Trust Financial Group Inc), Agreement and Plan of Merger (BSB Bancorp Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.11 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger and Reorganization (Senseonics Holdings, Inc.), Agreement and Plan of Merger (Motorola Mobility Holdings, Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement herein or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 11.01 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time, but any other covenants and agreements shall not survive the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Nimble Storage Inc), Agreement and Plan of Merger (Hewlett Packard Enterprise Co)
Nonsurvival of Representations and Warranties. None of the The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement made herein shall not survive beyond the Effective TimeTime or a termination of this Agreement. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which hereto that by its terms contemplates requires performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Intel Corp), Agreement and Plan of Merger (Intel Corp), Agreement and Plan of Merger (Cadence Design Systems Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to or in connection with this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement covenants and agreements of the parties which by its terms contemplates Parties that contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time, which, in each case, shall survive in accordance with their terms.
Appears in 3 contracts
Samples: Transaction Agreement (Columbia Care Inc.), Arrangement Agreement (Sagicor Financial Co Ltd.), Arrangement Agreement
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall will survive the Effective TimeTime or any termination of this Agreement. This Section 8.01 5.13 shall not limit any covenant or agreement of the parties which a party that by its terms expressly contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Voting Agreement (Information Resources Inc), Class of Stock (Reuters Group PLC /Adr/), Class of Stock (Multex Com Inc)
Nonsurvival of Representations and Warranties. None of the representations and or warranties in this Agreement or in any document or instrument delivered pursuant to or in connection with this Agreement shall survive the Effective Time. This Section 8.01 9.01 shall not limit any covenant or agreement of the parties which contained in this Agreement or in any document or instrument delivered pursuant to or in connection with this Agreement, that by its terms applies or contemplates performance in whole or in part after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (PPD, Inc.), Agreement and Plan of Merger (Thermo Fisher Scientific Inc.), Agreement and Plan of Merger (Endocyte Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective TimeTime of the Merger.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Versicor Inc /Ca), Agreement and Plan of Merger (Cell Therapeutics Inc), Agreement and Plan of Merger (Cell Therapeutics Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit the survival of any covenant or agreement of Parent or the parties Surviving Entity in this Agreement which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Forestar Group Inc.), Agreement and Plan of Merger (Horton D R Inc /De/), Agreement and Plan of Merger (Forestar Group Inc.)
Nonsurvival of Representations and Warranties. None of the representations and warranties representations, warranties, covenants or agreements in this Agreement or in any instrument document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Olin Corp), Agreement and Plan of Merger (Chase Industries Inc), Exhibit 1 Agreement and Plan of Merger (Citigroup Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 11.01 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective Time, but any other covenants and agreements shall not survive the Effective Time except for purposes of the first proviso of Section 9.02.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (TLB Merger Sub Inc.), Agreement and Plan of Merger (Talbots Inc), Agreement and Plan of Merger (California Pizza Kitchen, Inc.)
Nonsurvival of Representations and Warranties. None of the representations No representation and warranties warranty made in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 11.2 shall not limit the term of any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Contribution Agreement (Western Refining, Inc.), Contribution Agreement (Western Refining, Inc.), Combination Agreement (Complete Production Services, Inc.)
Nonsurvival of Representations and Warranties. None of the The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement made herein shall not survive beyond the Effective TimeTime or a termination of this Agreement. This Section 8.01 7.01 shall not limit any covenant or agreement of the parties hereto which by its terms contemplates requires performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Interactive Pictures Corp), Agreement and Plan of Merger (Bamboo Com Inc), Agreement and Plan of Merger (Racing Champions Corp)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.02 shall not limit any covenant or agreement of the parties contained in this Agreement which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Berg Acquisition Co), Agreement and Plan of Merger (Berg Acquisition Co), Agreement and Plan of Merger (Berg Acquisition Co)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 8.1 shall not limit any covenant or agreement of the parties which hereto in this Agreement that by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Thoma Bravo Fund Xii, L.P.), Agreement and Plan of Merger (Imprivata Inc), Agreement and Plan of Merger (Keynote Systems Inc)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement hereto shall survive the Effective Time. This , provided that this Section 8.01 8.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Computer Sciences Corp), Agreement and Plan of Merger (Policy Management Systems Corp), Agreement and Plan of Merger (Computer Sciences Corp)
Nonsurvival of Representations and Warranties. None of the representations representations, warranties, covenants and warranties agreements in this Agreement or in any exhibit, schedule or instrument delivered pursuant to this Agreement shall survive beyond the Effective TimeClosing Date. This Section 8.01 11.01 shall not limit any covenant or agreement of the parties Parties which by its terms contemplates performance after the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Acquisition Agreement, Acquisition Agreement (New Skies Satellites Nv), Acquisition Agreement (New Skies Satellites Nv)
Nonsurvival of Representations and Warranties. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 9.1 shall not limit any covenant or agreement of the parties which which, by its terms terms, contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Agreement and Plan of Merger (Verticalbuyer Inc), Agreement and Plan of Merger (Computer Software Innovations Inc)
