Common use of Non-Survival of Representations, Warranties and Covenants Clause in Contracts

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement and the Affiliate Agreements which shall survive in accordance with their terms) shall survive the Effective Time, except for Section 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective Time.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements set forth representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement and the Affiliate Agreements which shall survive the Effective Time. None of the covenants or agreements of the Parties in accordance with their terms) this Agreement shall survive the Effective Time, except for Section 5.9, Section 5.11 other than (a) the covenants and Section 5.12 and for any other covenant and agreement agreements contained in this Agreement that by its terms applies or is to be performed Article IX, the agreements of Parent, Merger Sub and the Company in whole or in part after the Effective Time.Article III, and Section 6.12 (

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or and other agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other than the Confidentiality Agreement and the Affiliate Agreements which agreements, shall survive in accordance with their terms) shall survive the Effective TimeClosing, except for those covenants and agreements contained herein and therein (including Section 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement 6.12) that by its their terms applies or is are to be performed in whole or in part after the Effective TimeClosing and this Article 9 and Article 10.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement and the Affiliate Agreements XBKS Voting Agreements, all of which shall survive in accordance with their respective terms) shall survive the Effective Time, except for Section Sections 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective Time.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements representations and warranties set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement and the Affiliate Agreements Agreement, which shall survive in accordance with their its terms) shall survive the Effective TimeDate, except for Section 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective TimeDate.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement Agreement, the Affiliate Agreements and the Affiliate Director Noncompetition Agreements which shall survive in accordance with their terms) shall survive the Effective Time, except for Section 5.9, Section 5.11 5.12 and Section 5.12 5.13 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective Time.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement and the Affiliate Agreements Agreements, which shall survive in accordance with their respective terms) shall survive the Effective Time, except for Section 5.95.2, Section 5.11 5.7, Section 5.8, Section 5.10, Section 5.11, Section 7.4, Article 1, Article 2, Article 8 and this Section 5.12 and for any other covenant and agreement contained 7.3, which shall survive in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective Timeaccordance with their respective terms.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements representations and warranties set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement and the Affiliate Agreements Agreement, which shall survive in accordance with their its terms) shall survive the Effective TimeDate, except for Section 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective TimeDate.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement and the Affiliate Agreements Agreement, which shall survive in accordance with their its terms) shall survive the Effective TimeDate, except for Section 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective TimeDate.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements representations and warranties set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement and the Affiliate Agreements Agreements, which shall survive in accordance with their its terms) shall survive the Effective TimeDate, except for Section 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective TimeDate.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements representations and warranties set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement Support and the Affiliate Agreements Non-Competition Agreements, which shall survive in accordance with their terms) shall survive the Effective Time, except for Section 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective Time.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement and the Affiliate Agreements which shall survive in accordance with their terms) shall survive the Effective Time, except for Section 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective Time. 7.4.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements representations and warranties set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement and the Affiliate Agreements Agreement, which shall survive in accordance with their its terms) shall survive the Effective Time, except for Section 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective Time.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement Agreement, the Support and the Affiliate Non-competition Agreements which shall survive in accordance with their terms) shall survive the Effective Time, except for Section 5.9, Section 5.11 5.13 and Section 5.12 5.14 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective Time.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement Agreement, the Affiliate Agreements and the Affiliate Director Noncompetition Agreements which shall survive in accordance with their terms) shall survive the Effective Time, except for Section 5.95.10, Section 5.11 5.12 and Section 5.12 5.13 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective Time.

Non-Survival of Representations, Warranties and Covenants. None of the representations, warranties, covenants or agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement (other than the Confidentiality Agreement Agreement, the Affiliate Agreements and the Affiliate Director Noncompetition Agreements which shall survive in accordance with their terms) shall survive the Effective Time, except for Section 5.9, Section 5.11 and Section 5.12 and for any other covenant and agreement contained in this Agreement that by its terms applies or is to be performed in whole or in part after the Effective Time.for