Effect of the Termination. In the event of termination of this Agreement by either the Company or Parent or Merger Sub as provided in Section 9.1, this Agreement shall forthwith become void and have no effect, without any liability or obligation on the part of Parent, Merger Sub or the Company, other than the provisions of this Section 9.2, Section 9.3 and Article X and except to the extent that such termination results from the willful and material breach by a party of any of its representations, warranties, covenants or agreements set forth in this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Minolta Investments Co), Agreement and Plan of Merger (Minolta Investments Co), Agreement and Plan of Merger (Westfield America Management LTD)
Effect of the Termination. In the event of termination of this Agreement by either the Company or Parent or Merger Sub as provided in Section 9.18.1, this Agreement shall forthwith become void and have no effect, without any liability or obligation on the part of Parent, Merger Sub or the Company, other than the provisions of except (i) as provided in Section 5.3(c), this Section 9.28.2, Section 9.3 8.3 and Article X IX and except to the extent that such termination results (ii) nothing herein shall relieve any party from the any liability for any willful and material or intentional breach by a party of any of its representations, warranties, covenants or agreements set forth in this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Inland Retail Real Estate Trust Inc), Agreement and Plan of Merger (Developers Diversified Realty Corp), Agreement and Plan of Merger (Developers Diversified Realty Corp)
Effect of the Termination. In the event of termination of this Agreement by either the Company or Parent or Merger Sub MergerSub as provided in Section 9.1, this Agreement shall forthwith become void and have no effect, without any liability or obligation on the part of Parent, Merger Sub MergerSub, or the Company, other than the provisions of Section 6.2(c), this Section 9.2, Section 9.3 9.3, and Article X and except to the extent that such termination results from the willful and material breach by a party of any of its representations, warranties, covenants covenants, or agreements set forth in this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Integrated Sensor Solutions Inc), Agreement and Plan of Merger (Texas Instruments Inc), Agreement and Plan of Merger (Texas Instruments Inc)
Effect of the Termination. In the event of termination of this Agreement by either the Company or Parent or Merger Sub as provided in Section 9.18.1, this Agreement shall forthwith become void and have no effect, without any liability or obligation on the part of Parent, Merger Sub or the Company, other than the provisions of Section 5.2(b), this Section 9.28.2, Section 9.3 8.3 and Article X IX and except to the extent that such termination results from the willful and material breach by a party of any of its representations, warranties, covenants or agreements set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Security Capital Group Inc/), Agreement and Plan of Merger (General Electric Capital Corp)
Effect of the Termination. In the event of termination of this Agreement by either the Company or Parent or Merger Sub Purchaser as provided in Section 9.18.01, this Agreement shall forthwith become void and have no effect, without any liability or obligation on the part of Parent, Merger Sub Purchaser or the Company, other than the provisions of Section 6.04(b), this Section 9.28.02, Section 9.3 8.03 and Article X IX and except to the extent that such termination results from the willful wilful and material breach by a party of any of its representations, warranties, covenants or agreements set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hills Stores Co /De/), Agreement and Plan of Merger (HSC Acquisition Corp)
Effect of the Termination. In the event of termination of this Agreement by either the Company or Parent or Merger Sub as provided in Section 9.18.1, this Agreement shall forthwith become void and have no effect, without any liability or obligation on the part of Parent, Merger Sub or the Company, other than the provisions of except (i) as provided in Section 5.2(c), this Section 9.28.2, Section 9.3 8.3 and Article X IX and except to the extent that such termination results (ii) nothing herein shall relieve any party from the any liability for any willful and material or intentional breach by a party of any of its representations, warranties, covenants or agreements set forth in this Agreement.
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Effect of the Termination. In the event of termination of this Agreement by either the Company or Parent or Merger Sub MergerSub as provided in Section 9.1, this Agreement shall forthwith become void and have no effect, without any liability or obligation on the part of Parent, Merger Sub MergerSub, or the Company, other than the provisions of Section 6.1(d), this Section 9.2, Section 9.3 9.3, and Article X and except to the extent that such of liability for pre-termination results from the willful and material breach by a party of any of its representations, warranties, covenants covenants, or agreements set forth in this Agreement.
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Effect of the Termination. In the event of termination of this Agreement by either the Company or Parent or Merger Sub Purchaser as provided in Section 9.1, this Agreement shall forthwith become void and have no effect, without any liability or obligation on the part of Parent, Merger Sub Purchaser or the Company, other than the provisions of this Section 9.2, Section 9.3 and Article X Section 10 and except to the extent that such termination results from the willful and material breach by a party of any of its representations, warranties, covenants or agreements set forth in this Agreement.
Appears in 1 contract
