Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument, document or certificate delivered pursuant to this Agreement shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein which by their terms expressly apply in whole or in part after the Effective Time and then only to such extent until such covenants and agreements have been fully performed, (ii) any covenants and agreements in the Surviving Provisions and (iii) any claim based upon Fraud.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Tuatara Capital Acquisition Corp), Agreement and Plan of Merger (Tuatara Capital Acquisition Corp), Agreement and Plan of Merger (Tuatara Capital Acquisition Corp)
Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument, document or certificate delivered pursuant to this Agreement shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein which by their terms expressly apply in whole or in part after the Effective Time and then only to such extent until such covenants and agreements have been fully performed, performed and (ii) any covenants and agreements in the Surviving Provisions and (iii) any claim based upon Fraud.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (BlueRiver Acquisition Corp.), Agreement and Plan of Merger (Silver Spike Acquisition Corp.)
Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument, document or certificate delivered pursuant to this Agreement shall survive the Effective Time, except for (ia) those covenants and agreements contained herein and therein which by their terms expressly apply in whole or in part after the Effective Time and then only to such extent until such covenants and agreements have been fully performed, (ii) any covenants and agreements in the Surviving Provisions performed and (iiib) any claim based upon Fraud.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Highland Transcend Partners I Corp.), Agreement and Plan of Merger (Highland Transcend Partners I Corp.)
Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument, document or certificate delivered pursuant to this Agreement shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein which by their terms expressly apply in whole or in part after the Effective Time and then only to such extent until such covenants and agreements have been fully performed, performed and (ii) any covenants and agreements in the Surviving Provisions and (iii) any claim based upon Fraud.. Without limiting the generality of the foregoing:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Monocle Acquisition Corp), Agreement and Plan of Merger (Monocle Acquisition Corp)
Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument, document or certificate delivered pursuant to this Agreement shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein which by their terms expressly apply in whole or in part after the Effective Time and then only to such extent until such covenants and agreements have been fully performed, (ii) any covenants and agreements in the Surviving Provisions and (iii) any claim based upon Fraudarising out of fraud.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (VG Acquisition Corp.), Agreement and Plan of Merger (Duddell Street Acquisition Corp.)
Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument, document or certificate delivered pursuant to this Agreement shall survive the Second Merger Effective Time, except for (ia) those covenants and agreements contained herein and therein which by their terms expressly apply in whole or in part after the Second Merger Effective Time and then only to such extent until such covenants and agreements have been fully performed, (iib) any covenants and agreements in the Surviving Provisions and (iiic) any claim based upon Fraudarising out of fraud.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Provident Acquisition Corp.)
Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument, document or certificate delivered pursuant to this Agreement shall survive the Effective TimeClosing, except for (ia) those covenants and agreements contained herein and therein which by their terms expressly apply in whole or in part after the Effective Time Closing and then only to such extent until such covenants and agreements have been fully performed, (iib) any covenants and agreements in the Surviving Provisions and (iiic) any claim based upon Fraudarising out of actual fraud.
Appears in 1 contract
Samples: Business Combination Agreement (Black Spade Acquisition Co)
