Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of Section 5.03, Section 5.06 and the last sentence Section 5.02 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 3 contracts
Sources: Merger Agreement (Communications Instruments Inc), Merger Agreement (Corcom Inc), Merger Agreement (Thermal Industries Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of Section 5.033.2, Section 5.06 6.6 and the last sentence Section 5.02 6.15 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 3 contracts
Sources: Merger Agreement (Sybron Dental Specialties Inc), Merger Agreement (Danaher Corp /De/), Merger Agreement (Danaher Corp /De/)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement or in any document, certificate or writing delivered pursuant to this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02Sections 3.2, the last sentence of Section 5.03, Section 5.06 6.6 and the last sentence Section 5.02 6.15 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 3 contracts
Sources: Merger Agreement (Raven Acquisition Corp.), Merger Agreement (Danaher Corp /De/), Merger Agreement (Tektronix Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of 3.01 and Section 5.03, Section 5.06 and the last sentence Section 5.02 6.06 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 3 contracts
Sources: Merger Agreement (Main Street Restaurant Group, Inc.), Merger Agreement (Main Street Restaurant Group, Inc.), Merger Agreement (Main Street Acquisition CORP)
Non-Survival of Representations and Warranties. The representations None of the representations, warranties, covenants and warranties made agreements in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02Sections 2.6, the last sentence of Section 5.035.2(c), Section 5.06 5.12, 5.14(c)(i), and the last sentence Section 5.02 5.14(c)(ii) shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein)Time.
Appears in 2 contracts
Sources: Merger Agreement (National Penn Bancshares Inc), Merger Agreement (Tf Financial Corp)
Non-Survival of Representations and Warranties. The ---------------------------------------------- representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of 3.2 and Section 5.03, Section 5.06 and the last sentence Section 5.02 6.6 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Merger Agreement (Danaher Corp /De/), Agreement and Plan of Merger (Danaher Corp /De/)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of Section 5.031.09, Section 5.06 1.10, Section 2.01, Section 5.03(c), Section 5.06, Section 5.13 and the last sentence Section 5.02 Article VIII shall survive the Effective Time indefinitely for the applicable statute of limitations (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Merger Agreement (Luxottica Group Spa), Merger Agreement (Cole National Corp /De/)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of Section 5.033.02, Section 5.06 6.07, Section 6.08, Section 6.13, Section 6.14 and the last sentence Section 5.02 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).6.16
Appears in 2 contracts
Sources: Merger Agreement (Rsa Acquisition Corp), Merger Agreement (American Safety Razor Co)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of Section 5.032.5, Section 5.06 5.6 and the last sentence Section 5.02 5.7 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Merger Agreement (Mafco Holdings Inc), Merger Agreement (Panavision Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding For the avoidance of doubt and notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of 3.02 and Section 5.03, Section 5.06 and the last sentence Section 5.02 6.07 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Merger Agreement (BTR Acquisition Corp), Merger Agreement (Exide Electronics Group Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of Section 5.03, Section 5.06 Article III and the last sentence Section 5.02 Sections 6.5
(a) and 6.6 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Merger Agreement (Western Atlas Inc), Merger Agreement (3-D Geophysical Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.023.02, the last sentence of Section 5.036.03(a), Section 5.06 6.06 and the last sentence Section 5.02 6.07 shall survive the Effective Time indefinitely (except to the extent that a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Merger Agreement (GKN North America Inc), Merger Agreement (Interlake Corp)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.021.09, the last sentence of Section 5.031.10, Section 2.01, Section 5.03(c), Section 5.06 and the last sentence Section 5.02 this Article VIII shall survive the Effective Time indefinitely for the applicable statute of limitations (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Merger Agreement (Luxottica Group Spa), Merger Agreement (Oakley Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.022.09, Section 3.02, the last sentence of the second paragraph of Section 5.036.03(a), Section 5.06 6.05(b), 6.11(b) and the last sentence Section 5.02 6.06 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Merger Agreement (Eaton Corp), Merger Agreement (Fusion Systems Corp)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.023.02, the last sentence of Section 5.036.02, Section 5.06 6.06 and the last sentence Section 5.02 6.07 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Merger Agreement (Aei Resources Inc), Merger Agreement (Zeigler Coal Holding Co)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.022.04, Section 2.05, the last sentence of Section 5.035.03(a), Section 5.05 and Section 5.06 and the last sentence Section 5.02 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Donaldson Lufkin & Jenrette Inc /Ny/), Agreement and Plan of Merger (Fisher Scientific International Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.022.9, Section 3.2, the last sentence of Section 5.036.2, Section 5.06 6.5 and the last sentence Section 5.02 6.6 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 2 contracts
Sources: Merger Agreement (Pacific Scientific Co), Merger Agreement (Pacific Scientific Co)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall will not survive beyond the earlier to occur of (a) termination of this Agreement pursuant to Section 6.14, or (b) the Effective Time. Notwithstanding None of the foregoing, the agreements set forth representations and warranties in Section 2.02, the last sentence of Section 5.03, Section 5.06 and the last sentence Section 5.02 shall this Agreement will survive the Effective Time indefinitely (except to Time. This Section 6.1 shall not limit any covenant or agreement of the extent a shorter period of time is explicitly specified therein)parties which by its terms contemplates performance after the Effective Time.
Appears in 1 contract
Sources: Voting Agreement (Thomas Nelson Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of 2.1 and Section 5.03, Section 5.06 and the last sentence Section 5.02 5.5 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Sources: Merger Agreement (Azurix Corp)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of 3.1 and Section 5.03, Section 5.06 and the last sentence Section 5.02 6.6 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding Not- withstanding the foregoing, the agreements set forth in Sec- tion 2.04, Section 2.022.05, the last sentence of Section 5.035.03(a), Section 5.05 and Section 5.06 and the last sentence Section 5.02 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Sources: Merger Agreement (Fisher Scientific International Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02Article II, the last sentence of Section 5.035.02, Section 5.06 5.05 and the last sentence Section 5.02 5.14 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.023.01, the last sentence of Section 5.03, 6.03(c) and Section 5.06 and the last sentence Section 5.02 6.06 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The ---------------------------------------------- representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.023.02, the last sentence of Section 5.036.02, Section 5.06 6.06 and the last sentence Section 5.02 6.07 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Sources: Merger Agreement (Princess Beverly Coal Holding Co Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02Article II, the last sentence of Section 5.035.02, Section 5.06 5.05 and the last sentence Section 5.02 5.13 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Sources: Agreement and Plan of Merger (Big Flower Holdings Inc/)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Timeconsummation of the Offer. Notwithstanding the foregoing, the The covenants and agreements set forth in Section 2.02, the last sentence of Section 5.03, Section 5.06 and the last sentence Section 5.02 herein shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified thereintherein or as otherwise provided in Section 7.02).
Appears in 1 contract
Sources: Merger Agreement (Specialty Equipment Companies Inc)
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02, the last sentence of Section 5.03, Section 5.06 Article III and the last sentence Section 5.02 Sections 6.05
(a) and 6.06 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.023.01, the last sentence of the second paragraph of Section 5.036.03(a), Section 5.06 6.06 and the last sentence Section 5.02 6.07 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Sources: Merger Agreement (Eaton Corp)
Non-Survival of Representations and Warranties. The representations and warranties made and agreements in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.02Sections 5.01, the last sentence of Section 5.03, Section 5.06 and the last sentence Section 5.02 5.10 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract
Non-Survival of Representations and Warranties. The representations and warranties made in this Agreement shall not survive beyond the Effective Time. Notwithstanding the foregoing, the agreements set forth in Section 2.023.02, the last sentence of Section 5.03, 6.02 and Section 5.06 and the last sentence Section 5.02 6.05 shall survive the Effective Time indefinitely (except to the extent a shorter period of time is explicitly specified therein).
Appears in 1 contract