Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 6 contracts
Sources: Merger Agreement (Medytox Solutions, Inc.), Merger Agreement (CollabRx, Inc.), Merger Agreement (Amtech Systems Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.145.7) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IXVIII.
Appears in 4 contracts
Sources: Merger Agreement (Pharmacia Corp /De/), Merger Agreement (Pfizer Inc), Merger Agreement (Quaker Oats Co)
Non-Survival of Representations, Warranties and Agreements. None Except for Sections 6.7 and 6.11 and any provision of this ARTICLE IX to the extent it is related to a claim under Section 6.7 or Section 6.11, none of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IXTime.
Appears in 4 contracts
Sources: Amalgamation Agreement, Amalgamation Agreement (Genesis Lease LTD), Amalgamation Agreement (Genesis Lease LTD)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Article I Section 7.8 (Directors’ and Article II, Section 6.6, Section 6.7, Section 6.8 Officers’ Indemnification and Section 6.14Insurance)) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.X.
Appears in 3 contracts
Sources: Agreement and Plan of Merger (Progenics Pharmaceuticals Inc), Agreement and Plan of Merger (Lantheus Holdings, Inc.), Merger Agreement (Lantheus Holdings, Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, agreements and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 6.2 and Section 6.14Schedule 6.2(a)) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 2 contracts
Sources: Merger Agreement (America Online Inc), Merger Agreement (Time Warner Inc/)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms apply or are to be performed in whole or in part after the Effective Time Time, including without limitation, the applicable provisions of Article II, VI, VIII, and this Article IX.
Appears in 2 contracts
Sources: Merger Agreement (Sizeler Property Investors Inc), Merger Agreement (Revenue Properties Co LTD)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, agreements and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 5.6 and Section 6.145.9) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IXVIII.
Appears in 2 contracts
Sources: Merger Agreement (Adaptive Broadband Corp), Merger Agreement (Cnet Networks Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 (Directors’ and Section 6.14Officers’ Indemnification and Insurance)) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 2 contracts
Sources: Merger Agreement (Cme Group Inc.), Merger Agreement (GFI Group Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 (Directors' and Section 6.14Officers' Indemnification and Insurance)) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 2 contracts
Sources: Merger Agreement (Jersey Partners Inc.), Merger Agreement (Jersey Partners Inc.)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein (including Article I Section 6.9) (Directors’ and Article II, Section 6.6, Section 6.7, Section 6.8 Officers’ Indemnification and Section 6.14Insurance) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 2 contracts
Sources: Merger Agreement (Cme Group Inc.), Merger Agreement (Nymex Holdings Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, agreements and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IXIX (including without limitation Section 6.7).
Appears in 2 contracts
Sources: Merger Agreement (Burlington Resources Inc), Merger Agreement (Conocophillips)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants covenants, and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, agreements, and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements, and agreements other provisions contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IXIX (including without limitation Section 5.6).
Appears in 2 contracts
Sources: Merger Agreement (Cal Dive International, Inc.), Merger Agreement (Horizon Offshore Inc)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms apply or are to be performed in whole or in part after the Effective Time Time, including without limitation, Article II and Sections 6.3, 6.6, 6.7, 6.11 and 6.12 of this Agreement and (ii) this Article IX.
Appears in 2 contracts
Sources: Merger Agreement (Rouse Company), Merger Agreement (General Growth Properties Inc)
Non-Survival of Representations, Warranties and Agreements. None ---------------------------------------------------------- of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, agreements and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IX.
Appears in 1 contract
Sources: Agreement and Plan of Merger (Phillips Petroleum Co)
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants covenants, agreements and other agreementsprovisions, shall survive the Effective Time, except for those covenants covenants, agreements and agreements other provisions contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 6.2 and Section 6.14Exhibit 6.2) that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article IXArticle.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, and the other agreements and documents contemplated to be delivered in connection herewith, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein (including Article I and Article II, Section 6.6, Section 6.7, Section 6.8 and Section 6.14) that by their terms apply or are to be performed in whole or in part at or after the Effective Time and (ii) this Article IX.
Appears in 1 contract
Sources: Merger Agreement (Toys R Us Inc)