No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section 8.1, except that the obligations contained in Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.3) will survive the Effective Time indefinitely.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (ValueSetters Inc.), Agreement and Plan of Merger (Financial Gravity Companies, Inc.), Agreement and Plan of Merger (Financial Gravity Companies, Inc.)
No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section 8.1, except that the obligations contained in Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.36.3(d)) will survive the Effective Time indefinitely.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Protea Biosciences Inc.), Agreement and Plan of Merger (SRKP 4 Inc), Agreement and Plan of Merger (Organic Spice Imports, Inc.)
No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section 8.1, except that that, if the Effective Time occurs, the obligations contained in Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.36.3(d)) will survive the Effective Time indefinitely.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Radius Health, Inc.), Agreement and Plan of Merger (Radius Health, Inc.), Agreement and Plan of Merger (MPM Acquisition Corp)
No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section 8.17.1, except that the obligations contained in Article II 1 and any other obligation contained in this Agreement explicitly requiring performance or compliance after the Effective Time (including without limitation Section 6.3) will survive the Effective Time indefinitely.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (DE Acquisition 2, Inc.), Option Agreement (Diamond One Inc), Agreement and Plan of Merger and Reorganization (Gaming Venture Corp Usa)
No Survival. The representations and representations, warranties and obligations contained agreements made in this Agreement will terminate at shall not survive beyond the Effective Time or on the termination of this Agreement in accordance with Article 7 hereof. Notwithstanding the foregoing, the agreements set forth in Articles 1 and 2, Section 8.1, except that the obligations contained in 5.07 and Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.3) will 8 shall survive the Effective Time indefinitelyand those set forth in Section 7.05, Section 8.01 and Section 8.02 shall survive termination.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (MLE Holdings, Inc.), Agreement and Plan of Merger (Borland Software Corp), Agreement and Plan of Merger (Mity Enterprises Inc)
No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section 8.1, except that the obligations contained in Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.36.3(c)) will survive the Effective Time indefinitely.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Mw Medical Inc), Agreement and Plan of Merger (Atlantic Technology Ventures Inc)
No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section 8.17.1, except that the obligations contained in Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.3) will survive the Effective Time indefinitely.
Appears in 2 contracts
Samples: Agreement and Plan of Exchange (Software Effective Solutions, Corp.), Agreement and Plan of Merger (Lux Amber, Corp.)
No Survival. The representations and representations, warranties and obligations contained agreements made in this Agreement will terminate at shall not survive beyond the Effective Time or on the termination of this Agreement in accordance with Article 7 hereof. Notwithstanding the foregoing, the agreements set forth in Articles 1 and 2, Section 8.15.07, except that the obligations contained in Section 5.19 and Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.3) will 8 shall survive the Effective Time indefinitelyand those set forth in Section 7.05 shall survive termination.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Magellan Holdings, Inc.), Agreement and Plan of Merger (Datastream Systems Inc)
No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section 8.1, except that the obligations contained in Article II and IIand any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.3Sections 6.7 and 6.16) will survive the Effective Time indefinitely.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Nuvel Holdings, Inc.)
No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section 8.110.1, except that the obligations contained in Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.37.3(d)) will survive the Effective Time indefinitely.
Appears in 1 contract
Samples: Agreement and Plan of Merger (El Capitan Precious Metals Inc)
No Survival. The representations and representations, warranties and obligations contained agreements made in this Agreement will terminate at shall not survive beyond the Effective Time or on the termination of this Agreement in accordance with Article 7 hereof. Notwithstanding the foregoing, the agreements set forth in Articles 1, 2, and 8 , and Section 8.1, except that the obligations contained in Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.3) will 5.06 shall survive the Effective Time indefinitelyand those set forth in Section 7.05 shall survive termination.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Specialized Health Products International Inc)
No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section SECTION 8.1, except that the obligations contained in Article ARTICLE II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.3SECTION 6.3(D)) will survive the Effective Time indefinitely.
Appears in 1 contract
No Survival. The representations and warranties and obligations contained in this Agreement and in any instrument delivered pursuant to this Agreement will terminate at the Effective Time or on the termination of this Agreement in accordance with Section 8.1, except that the obligations Sections 7.1 and 7.2. The covenants or agreements contained in Article II and any other obligation covenants or agreements contained in this Agreement requiring performance or compliance after the Effective Time (including including, without limitation limitation, Section 6.36.3(c)) will shall survive the Effective Time indefinitely.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Manhattan Pharmaceuticals Inc)
No Survival. The representations and warranties and obligations contained in this Agreement agreement will terminate at the Effective Time or on termination of this Agreement agreement in accordance with Section 8.17.1, except that the obligations contained in Article II I and any other obligation contained in this Agreement agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.3) will survive the Effective Time indefinitely.
Appears in 1 contract
No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section 8.1, except that the obligations contained in Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.3) will survive the Effective Time indefinitely.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Global Internet Communications Inc)
No Survival. The representations In the event of the termination and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination abandonment of this Agreement in accordance with pursuant to Section 8.1, this Agreement shall become void and have no effect, except that the obligations contained in Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.36.3(d)) will survive the Effective Time indefinitely.
Appears in 1 contract
No Survival. The representations and warranties and obligations contained in this Agreement will terminate at the Effective Time or on termination of this Agreement in accordance with Section 8.1, except that the obligations contained in Article II and any other obligation contained in this Agreement requiring performance or compliance after the Effective Time (including without limitation Section 6.36.3(d) will survive the Effective Time indefinitely.
Appears in 1 contract
Samples: Agreement and Plan of Merger (El Capitan Precious Metals Inc)
