No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 42 contracts
Samples: Agreement and Plan of Merger (GenOn Energy, Inc.), Agreement and Plan of Merger (Williams Companies Inc), Agreement and Plan of Merger (Sunoco LP)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerMergers, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Oasis Midstream Partners LP), Agreement and Plan of Merger (Latch, Inc.), Agreement and Plan of Merger (Crestwood Equity Partners LP)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for other than those covenants and agreements contained herein and therein which contemplate performance after the Effective Time or otherwise expressly by their terms survive apply in whole or in part after the Effective Time.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Premier Financial Bancorp Inc), Agreement and Plan of Merger (LCNB Corp), Agreement and Plan of Merger (Civista Bancshares, Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 7 contracts
Samples: And Restated Agreement and Plan of Merger (Insite Vision Inc), Agreement and Plan of Merger (Staples Inc), Agreement and Plan of Merger (Office Depot Inc)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which that contemplate 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 (Valspar Corp), Agreement and Plan of Merger (Sherwin Williams Co), Agreement and Plan of Merger (Fitlife Brands, Inc.)
No Survival. None of the representations, representations and warranties, covenants and agreements or any covenant to be performed prior to the Merger Effective Time, contained in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerMerger Effective Time. This Section 14.3 shall not limit the survival of any covenant or agreement of the parties to this Agreement which, except for covenants and agreements which contemplate performance by its terms, contemplates performance, in whole or in part, after the Effective Time or otherwise expressly by their terms survive the Merger Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.), Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.), Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or which otherwise expressly by their terms survive termination of this Agreement or the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Coherent Inc), Agreement and Plan of Merger (Ii-Vi Inc), Agreement and Plan of Merger (Coherent Inc)
No Survival. None of the representations, warranties, covenants and or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for other than those covenants and or agreements of the parties which contemplate performance after the Effective Time or otherwise expressly by their terms survive apply, or are to be performed in whole or in part, after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Akari Therapeutics PLC), Agreement and Plan of Merger (Peak Bio, Inc.), Agreement and Plan of Merger (Adaptimmune Therapeutics PLC)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which that contemplate performance after the Effective Time or otherwise expressly by their the terms hereof survive the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Inrad Optics, Inc.), Agreement and Plan of Merger (Tower International, Inc.), Agreement and Plan of Merger (Arotech Corp)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive termination of this Agreement or the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (PNK Entertainment, Inc.), Agreement and Plan of Merger (Gaming & Leisure Properties, Inc.), Agreement and Plan of Merger (Pinnacle Entertainment Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerMergers, except for covenants and agreements which that contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Synnex Corp), Agreement and Plan of Merger (Synnex Corp), Agreement and Plan of Merger (Convergys Corp)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for the second to last sentence of Section 8.3(e) and covenants and agreements which contemplate performance after the Effective Time or otherwise survive the Effective Time expressly by their terms survive the Effective Timeterms.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Schlumberger Limited/Nv), Agreement and Plan of Merger (ChampionX Corp)
No Survival. None of the representations, warranties, covenants and or agreements contained in this Agreement or in any certificate, document or instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (McEwen Mining Inc.), Agreement and Plan of Merger (Timberline Resources Corp)
No Survival. None of the representations, warranties, covenants covenants, obligations and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants covenants, obligations and other agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alliance Data Systems Corp), Agreement and Plan of Merger (Conversant, Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which that contemplate performance after the Effective Time or otherwise expressly by their terms survive termination of this Agreement or the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (CAESARS ENTERTAINMENT Corp), Agreement and Plan of Merger (Eldorado Resorts, Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for those covenants and agreements contained herein or therein which contemplate performance after the Effective Time or otherwise expressly by their terms survive apply in whole or in part after the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Cic Acquisition Sub Inc), Merger Agreement (Conso International Corp)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for the covenants and agreements of Parent in Section 5.10(d) and covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Plains Exploration & Production Co), Agreement and Plan of Merger (Freeport McMoran Copper & Gold Inc)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerAcquisition, except for covenants and agreements which that contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time.
Appears in 1 contract
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the MergerEffective Time, except for covenants and agreements which by their terms contemplate performance after the Effective Time or otherwise expressly by their terms survive termination of this Agreement or the Effective Time.
Appears in 1 contract
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective TimeTime (including, for the avoidance of doubt, Section 6.9 (Indemnification and Insurance)).
Appears in 1 contract
No Survival. None of the representations, warranties, agreements, covenants and agreements or obligations in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the consummation of the Merger, except as expressly provided in this Agreement and except for those covenants and agreements which contemplate performance after the Effective Time or otherwise expressly contained herein that by their terms survive apply or are to be performed in whole or in part after the Merger Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (EQM Midstream Partners, LP)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerEffective Time, except for covenants and agreements which that contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective TimeTime (including Section 5.9).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Columbia Property Trust, Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the First Merger, except for covenants and agreements which contemplate performance after the Effective Time or which otherwise expressly by their terms survive termination of this Agreement or the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lumentum Holdings Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective Time. The Confidentiality Agreement will (a) survive termination of this Agreement in accordance with its terms, and (b) terminate as of the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Inventure Foods, Inc.)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, except for covenants and agreements which contemplate performance after the Effective Time or otherwise expressly by their terms survive the Effective TimeTime (including, for the avoidance of doubt, Section 6.9 (Indemnification and Insurance) and Section 6.12(c) (Financing Cooperation)).
Appears in 1 contract
