Common use of No Survival, Etc Clause in Contracts

No Survival, Etc. Except as otherwise provided in this Agreement, the representations, warranties and agreements of each party hereto shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any other party hereto, whether prior to or after the execution of this Agreement. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or, except as otherwise provided in Section 7.2, upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that the agreements set forth in Article II and Section 5.9, Section 5.12 and Section 5.15 and any other agreement in this Agreement that contemplates performance after the Effective Time shall survive the Effective Time and those set forth in Section 5.12, Section 7.2 and Section 7.3, in the last sentence of Section 5.7(a) and this Article VIII shall survive termination of this Agreement. The Parent Confidentiality Agreement shall (i) survive termination of this Agreement in accordance with its terms and (ii) terminate as of the Effective Time.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Energy Transfer Partners, L.P.), Agreement and Plan of Merger (Regency Energy Partners LP)

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No Survival, Etc. Except as otherwise provided in this Agreement, the representations, warranties and agreements of each party Party hereto shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any other party Party hereto, whether prior to or after the execution of this Agreement. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or, except as otherwise provided in Section 7.2, upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that the agreements set forth in Article II II, Section 5.8, Section 5.10, and Section 5.9, Section 5.12 and Section 5.15 5.13 and any other agreement in this Agreement that contemplates performance after the Effective Time shall survive the Effective Time and those set forth in Section 5.125.6(d), Section 7.2 and 5.10, Section 7.2, Section 7.3, in the last sentence of Section 5.7(a5.6(a) and this Article VIII shall survive termination of this Agreement. The Parent AMID Confidentiality Agreement shall (i) survive termination of this Agreement in accordance with its terms and (ii) terminate as of the Effective Time.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Southcross Energy Partners, L.P.), Agreement and Plan of Merger (American Midstream Partners, LP)

No Survival, Etc. Except as otherwise provided in this Agreement, the representations, warranties and agreements of each party hereto shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any other party hereto, whether prior to or after the execution of this Agreement. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or, except as otherwise provided in Section 7.2, upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that the agreements set forth in Article II and Section 5.9Sections 5.8, Section 5.12 5.11 and Section 5.15 5.13 and any other agreement in this Agreement that contemplates performance after the Effective Time shall survive the Effective Time and those set forth in Section 5.12Sections 5.11, Section 7.2 and Section 7.3, in the last sentence of Section 5.7(a5.6(a) and this Article VIII shall survive termination of this Agreement. The Parent Confidentiality Agreement shall (i) survive termination of this Agreement in accordance with its terms and (ii) terminate as of the Effective Time.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (PVR Partners, L. P.), Agreement and Plan of Merger (Regency Energy Partners LP)

No Survival, Etc. Except as otherwise provided in this Agreement, the representations, warranties and agreements of each party hereto Party shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any other party heretoParties, whether prior to or after the execution of this Agreement. The representations, warranties warranties, covenants and agreements in this Agreement shall terminate at the Effective Time Closing or, except as otherwise provided in Section 7.26.2, upon the termination of this Agreement pursuant to Section 7.16.1, as the case may be, except that the covenants and agreements set forth in Article II and Section 5.91.3, Section 5.12 and Section 5.15 4.9 and any other agreement in this Agreement that contemplates performance after the Effective Time Closing shall survive the Effective Time Closing, and those set forth in Section 5.126.2, Section 7.2 and Section 7.36.3, in the last sentence of Section 5.7(a) and this Article VIII ARTICLE VII shall survive termination of this Agreement. The Parent Confidentiality Agreement shall (i) survive termination of this Agreement in accordance with its terms and (ii) terminate as of the Effective Timeterms.

Appears in 2 contracts

Samples: Exchange Agreement (Magellan Petroleum Corp /De/), Exchange Agreement (Magellan Petroleum Corp /De/)

No Survival, Etc. Except as otherwise provided in this Agreement, the representations, warranties and agreements of each party hereto shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any other party hereto, whether prior to or after the execution of this Agreement. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or, except as otherwise provided in Section 7.2, upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that the agreements set forth in Article II and Section 5.9Sections 5.8, Section 5.10 and 5.12 and Section 5.15 and any other agreement in this Agreement that contemplates performance after the Effective Time shall survive the Effective Time and those set forth in Section 5.12Sections 5.10, Section 7.2 and Section 7.3, in the last sentence of Section 5.7(a5.6(a) and this Article VIII shall survive termination of this Agreement. The Parent Confidentiality Agreement Agreements shall (i) survive termination of this Agreement in accordance with its terms and (ii) terminate as of the Effective Time.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Copano Energy, L.L.C.), Agreement and Plan of Merger (Kinder Morgan Energy Partners L P)

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No Survival, Etc. Except as otherwise provided in this Agreement, the representations, warranties and agreements of each party hereto shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any other party hereto, whether prior to or after the execution of this Agreement. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or, except as otherwise provided in Section 7.2, upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that the agreements set forth in Article II and Section 5.9Sections 5.8, Section 5.12 5.10 and Section 5.15 5.13 and any other agreement in this Agreement that contemplates performance after the Effective Time shall survive the Effective Time and those set forth in Section 5.125.6(b), Section Sections 5.10, 7.2 and Section 7.3, in the last sentence of Section 5.7(a) 7.3 and this Article VIII shall survive termination of this Agreement. The Parent Confidentiality Agreement shall (i) survive termination of this Agreement in accordance with its terms and (ii) terminate as of the Effective Time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lufkin Industries Inc)

No Survival, Etc. Except as otherwise provided in this Agreement, the representations, warranties and agreements of each party hereto Party shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any other party heretoParties, whether prior to or after the execution of this Agreement. The representations, warranties warranties, covenants and agreements in this Agreement shall terminate at the Effective Time Closing or, except as otherwise provided in Section 7.2, upon the termination of this Agreement pursuant to Section 7.1, as the case may be, except that the covenants and agreements set forth in Article II Section 5.8 and Section 5.9, Section 5.12 and Section 5.15 5.9 and any other agreement in this Agreement that contemplates performance after the Effective Time Closing shall survive the Effective Time Closing, and those set forth in Section 5.127.2, Section 7.2 and Section 7.3, in the last sentence of Section 5.7(a) and this Article ARTICLE VIII shall survive termination of this Agreement. The Parent Confidentiality Agreement shall (i) survive termination of this Agreement in accordance with its terms and (ii) terminate as of the Effective Timeterms.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Magellan Petroleum Corp /De/)

No Survival, Etc. Except as otherwise provided in this Agreement, the representations, warranties and agreements of each party hereto Party shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any other party heretoParties, whether prior to or after the execution of this Agreement. The representations, warranties warranties, covenants and agreements in this Agreement shall terminate at the Effective Time Closing or, except as otherwise provided in Section 7.26.2, upon the termination of this Agreement pursuant to Section 7.16.1, as the case may be, except that the covenants and agreements set forth in Article II and Section 5.91.3, Section 5.12 and Section 5.15 4.9 and any other agreement in this Agreement that contemplates performance after the Effective Time Closing shall survive the Effective Time Closing, and those set forth in Section 5.126.2, Section 7.2 and Section 7.36.3, in the last sentence of Section 5.7(a) and this Article VIII ARTICLE VII shall survive termination of this Agreement. The Parent Confidentiality Agreement shall (i) survive termination of this Agreement in accordance with its terms and (ii) terminate as of the Effective Time.terms. Section 7.2

Appears in 1 contract

Samples: Exchange Agreement

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