Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may be, except that the agreements set forth in Articles II and VIII and Section 5.05 shall survive the Effective Time indefinitely.
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Novartis Inc), Agreement and Plan of Merger (Novartis Inc)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the agreements set forth in Articles II I and VIII II, Section 6.04 and Section 5.05 6.08 and this Article IX shall survive the Effective Time indefinitelyTime.
Appears in 2 contracts
Sources: Merger Agreement (Mayors Jewelers Inc/De), Merger Agreement (Henry Birks & Sons Inc)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and any certificate delivered pursuant hereto by any person shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the agreements set forth in Articles I and II and VIII and Section 5.05 6.06 shall survive the Effective Time indefinitely.
Appears in 2 contracts
Sources: Merger Agreement (WLR Foods Inc), Merger Agreement (WLR Foods Inc)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.018.01, as the case may be, except that the agreements set forth in Articles I and II and VIII Sections 3.22, 4.06, 6.04(b), 6.06, 6.07 and Section 5.05 8.03 and this Article IX shall survive the Effective Time indefinitelyTime.
Appears in 2 contracts
Sources: Merger Agreement (Baycorp Holdings LTD), Agreement and Plan of Merger (Baycorp Holdings LTD)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the agreements set forth in Articles II Article I and VIII Sections 6.5 and Section 5.05 6.10, above, shall survive the Effective Time indefinitely.
Appears in 2 contracts
Sources: Merger Agreement (Gold Banc Corp Inc), Merger Agreement (Marshall & Ilsley Corp/Wi/)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and any certificate delivered pursuant hereto by any person shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.019.01, as the case may be, except that the agreements set forth in Articles I and II and VIII and Section 5.05 5.08 shall survive the Effective Time indefinitely, and those set forth in Section 9.02 and 9.04 and this Article X shall survive termination indefinitely.
Appears in 2 contracts
Sources: Merger Agreement (Westerbeke Corp), Merger Agreement (International Specialty Products Inc /New/)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.018.1, as the case may be, except that the agreements set forth in Articles I and II and VIII Sections 6.3(b), 6.5(a), 6.6 and Section 5.05 this Article IX shall survive the Effective Time indefinitelyTime.
Appears in 2 contracts
Sources: Merger Agreement (Carreker Corp), Merger Agreement (Checkfree Corp \Ga\)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.018.01, as the case may be, except that the agreements set forth in Articles I and II and VIII Sections 6.04(b), 6.07 and Section 5.05 6.11 and this Article IX shall survive the Effective Time indefinitelyTime.
Appears in 2 contracts
Sources: Merger Agreement (Zillow Inc), Merger Agreement (Trulia, Inc.)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the agreements set forth in Articles II I and VIII II, Sections 6.05 and Section 5.05 6.12, and this Article IX shall survive the Effective Time indefinitelyTime.
Appears in 1 contract
Sources: Merger Agreement (Sino Gas International Holdings, Inc.)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the for those covenants and agreements (a) set forth in Articles II and VIII III, Sections 8.05 and Section 5.05 shall survive 8.12, and Articles X and XI and (b) that by their terms are to be performed in whole or in part after the Effective Time indefinitelyTime.
Appears in 1 contract
Sources: Merger Agreement (Stonemor Inc.)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the agreements set forth in Articles II I and VIII II, Section 6.05, Section 6.07 and Section 5.05 6.14, and this Article IX shall survive the Effective Time indefinitelyTime.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.018.1, as the case may be, except that the agreements set forth in Articles I and II and VIII Sections 6.3(b), 6.5, 6.6, 8.2, 8.3 and Section 5.05 this Article IX shall survive the Effective Time indefinitelyTime.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and any certificate delivered pursuant hereto by any person shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the agreements set forth in Articles I and II and VIII Sections 6.05 and Section 5.05 6.08 shall survive the Effective Time indefinitely.
Appears in 1 contract
Sources: Merger Agreement (Enstar Inc)
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.018.01, as the case may be, except that the agreements set forth in Articles I and II and VIII Sections 6.04(b) and Section 5.05 6.07 and this Article IX shall survive the Effective Time indefinitelyTime.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the earlier of the Effective Time or upon the and termination of this Agreement pursuant to Section 7.01, as the case may beArticle VIII, except that the agreements set forth in Articles I and II and VIII Sections 6.05 and Section 5.05 6.12 and this Article IX shall survive the Effective Time indefinitelyTime.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the for those covenants and agreements (a) set forth in Articles Article II and VIII Article III, Section 7.05 and Section 5.05 shall survive 7.12, Article IX and this Article X and (b) that by their terms are to be performed in whole or in part after the Effective Time indefinitelyTime.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the agreements set forth in Articles II and VIII ARTICLE I and Section 5.05 7.3, above, shall survive the Effective Time indefinitely.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate (i) at the Effective Time Time, except that the agreements set forth in Articles I and II and Sections 7.03(b) and 7.06 and this Article X shall survive the Effective Time, or (ii) upon the termination of this Agreement pursuant to Section 7.01, as the case may be9.01, except that the agreements set forth in Articles II and VIII and Section 5.05 9.03 shall survive the Effective Time indefinitelysuch termination.
Appears in 1 contract
Sources: Agreement and Plan of Merger and Reorganization (Romarco Minerals Inc)
Non-Survival of Representations, Warranties and Agreements. The If the Closing occurs, the representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the agreements set forth in Articles Article II and VIII and Section 5.05 6.5 shall survive the Effective Time indefinitely.
Appears in 1 contract
Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 7.01, as the case may beTime, except that the agreements set forth in Articles II 2 and VIII 3, Sections 7.06, 7.16, 7.17 and Section 5.05 7.19 and this Article 10 shall survive the Effective Time indefinitelyTime.
Appears in 1 contract
Sources: Merger Agreement (Fidelity National Financial Inc /De/)