Non-Survival of Representations, Warranties and Covenants. The representations, warranties and covenants in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time; provided, however, that this Section 9.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Silicon Storage Technology Inc), Agreement and Plan of Merger (Silicon Storage Technology Inc), Agreement and Plan of Merger (Microchip Technology Inc)
Non-Survival of Representations, Warranties and Covenants. The representations, warranties and covenants in this Agreement and in any certificate delivered pursuant hereto shall terminate at the Effective Time; provided, however, that this Section 9.1 shall not limit any covenant those covenants and agreements contained herein that by their terms apply, or agreement of the parties which by its terms contemplates performance that are to be performed in whole or in part, after the Effective Time, shall survive the consummation of the Merger until fully performed.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Physicians Formula Holdings, Inc.), Agreement and Plan of Merger (Physicians Formula Holdings, Inc.)
Non-Survival of Representations, Warranties and Covenants. The None of the representations, warranties and or covenants in this Agreement and or in any certificate instrument delivered pursuant hereto to this Agreement shall terminate at survive the Effective Time; provided. Notwithstanding the foregoing, however, that this Section 9.1 10.01 shall not limit any covenant or agreement of the parties which Parties that, by its terms terms. contemplates performance after the Effective Time.
Appears in 2 contracts
Samples: Employment Agreement (Stephan Co), Agreement and Plan of Merger (Stephan Co)
Non-Survival of Representations, Warranties and Covenants. The respective representations, warranties and covenants of the Sellers and the Purchaser contained in this Agreement and in any certificate delivered pursuant hereto shall terminate at at, and not survive, the Effective TimeClosing; provided, however, that this Section 9.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates requires performance after the Effective TimeClosing.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Cavco Industries Inc), Asset Purchase Agreement (Fleetwood Enterprises Inc/De/)
Non-Survival of Representations, Warranties and Covenants. The None of the representations, warranties and or covenants in this Agreement and or in any certificate instrument delivered pursuant hereto to this Agreement shall terminate at survive the Effective Time; provided, however, Time except that this Section 9.1 8.1 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time, which shall survive to the extent expressly provided for herein.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Maxlinear Inc), Agreement and Plan of Merger (Maxlinear Inc)
Non-Survival of Representations, Warranties and Covenants. The respective representations, warranties and covenants of the Sellers and the Purchaser contained in this Agreement and in any certificate delivered pursuant hereto shall terminate at at, and not survive, the Effective TimeClosing; provided, however, provided that this Section 9.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates requires performance after the Effective TimeClosing.
Appears in 1 contract
Samples: Asset Purchase Agreement (Fleetwood Enterprises Inc/De/)
Non-Survival of Representations, Warranties and Covenants. The None of the representations, warranties and or covenants in this Agreement and in any certificate delivered pursuant hereto shall terminate at survive the Effective Time; provided, however, that this Section 9.1 9.14 shall not limit any covenant or agreement of the parties which herein that, by its terms terms, contemplates performance at or after the Effective TimeClosing (including any obligation to hold a party harmless or any covenant entitling a Person to rely upon any other Person) until such covenant or agreement has been performed or satisfied or any claim based on fraud.
Appears in 1 contract
Non-Survival of Representations, Warranties and Covenants. The None of the representations, warranties and or covenants in this Agreement and in any certificate delivered pursuant hereto shall terminate at survive the Effective Time; provided, however, that this Section 9.1 10.5 shall not limit any covenant or agreement of the parties which herein that, by its terms terms, contemplates performance after the Effective TimeClosing (including any obligation to hold a party harmless or any covenant entitling a Person to rely upon any other Person) until such covenant or agreement has been performed or satisfied or any claim based on fraud.
Appears in 1 contract
Non-Survival of Representations, Warranties and Covenants. The respective representations, warranties and covenants of the parties contained in this Agreement and in any certificate delivered pursuant hereto shall terminate at at, and not survive, the Effective TimeClosing; provided, however, that this Section 9.1 shall not limit any covenant or agreement of the parties which that by its terms contemplates requires performance after the Effective TimeClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Document Sciences Corp)
Non-Survival of Representations, Warranties and Covenants. The None of the representations, warranties and or covenants in this Agreement and or in any certificate instrument delivered pursuant hereto to this Agreement shall terminate at survive the Effective Time; provided, however, Time except that this Section 9.1 10.6 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time, which shall survive to the extent expressly provided for herein.
Appears in 1 contract
