Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IX.
Appears in 23 contracts
Samples: Agreement and Plan of Merger (V F Corp), Agreement and Plan of Merger (Timberland Co), Agreement and Plan of Merger (Genelabs Technologies Inc /Ca)
Non-Survival of Representations, Warranties, Covenants 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 that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IX.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Industrial Logistics Properties Trust), Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) those contained in this Article IX.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Karuna Therapeutics, Inc.), Agreement and Plan of Merger (CorePoint Lodging Inc.), Agreement and Plan of Merger (CorePoint Lodging Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein to the extent that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXTime.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Xueda Education Group), Agreement and Plan of Merger (ChinaEdu CORP), Agreement and Plan of Merger (RDA Microelectronics, Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein to the extent that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) those contained in this Article IX.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Ingram Micro Inc), Agreement and Plan of Merger (Brightpoint Inc), Agreement and Plan of Merger (Kinetic Concepts Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXARTICLE 9.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (National Holdings Corp), Agreement and Plan of Merger (Gilman Ciocia, Inc.), Agreement and Plan of Merger (Ophthalmic Imaging Systems)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article ARTICLE IX.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Sigilon Therapeutics, Inc.), Agreement and Plan of Merger (Cubist Pharmaceuticals Inc), Agreement and Plan of Merger (Symmetry Surgical Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument certificate 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 that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXTime.
Appears in 6 contracts
Samples: Employee Matters Agreement (Acco World Corp), Agreement and Plan of Merger (Fortune Brands Inc), Agreement and Plan of Reorganization (Alpha Industries Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article IXVIII.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Wyndham Hotels & Resorts, Inc.), Agreement and Plan of Merger (Wyndham Worldwide Corp), Agreement and Plan of Merger (La Quinta Holdings Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time Time, and (iib) this Article ARTICLE IX.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Stemcells Inc), Agreement and Plan of Merger (Synageva Biopharma Corp.), Agreement and Plan of Merger (Trimeris Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IX.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Krispy Kreme Doughnuts Inc), Agreement and Plan of Merger (Caribou Coffee Company, Inc.), Agreement and Plan of Merger (Peets Coffee & Tea Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXTime.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Burnham Corp), Agreement and Plan of Merger (Bryan Steam Corp), Agreement and Plan of Merger (Bryan Steam Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective TimeDate, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part contemplate performance after the Effective Time Date or otherwise expressly by their terms survive the Effective Date and (iib) those contained in this Article IX, which, in each case, shall survive in accordance with its terms and conditions.
Appears in 3 contracts
Samples: Acquisition Agreement (NCR Corp), Acquisition Agreement (Cardtronics PLC), Acquisition Agreement (Cardtronics PLC)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and or agreements contained in this Agreement or in any instrument Disclosure Letter, Exhibit or any document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, Agreement shall survive the Effective TimeClosing, except for (i) those covenants and agreements contained herein in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXClosing.
Appears in 3 contracts
Samples: Agreement (Lasalle Re Holdings LTD), Agreement (Trenwick Group Inc), Lasalle Re Holdings LTD
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants covenants, and 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 agreements, shall will survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article ARTICLE IX.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (TESARO, Inc.), Agreement and Plan of Merger (TESARO, Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) those contained in Section 7.15(e) and this Article IX.X.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (ITC Holdings Corp.), Agreement and Plan of Merger
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article IX.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Vnu Group B.V.), Agreement and Plan of Merger (Netratings Inc), Agreement and Plan of Merger (United Rentals Inc /De)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article IX. The Confidentiality Agreement will survive termination of this Agreement in accordance with its terms.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Provention Bio, Inc.), Agreement and Plan of Merger (Acceleron Pharma Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article IX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Prevail Therapeutics Inc.), Agreement and Plan of Merger (Akouos, Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article IXVIII. The Confidentiality Agreement will survive termination of this Agreement in accordance with its terms.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (ImmunoGen, Inc.), Agreement and Plan of Merger (Circor International Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXARTICLE 10.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American BriVision (Holding) Corp), Agreement and Plan of Merger (American BriVision (Holding) Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein to the extent that by their express terms apply or are to be performed in whole or in part after the Effective Time and (iib) those contained in this Article IXVIII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Xo Holdings Inc), Agreement and Plan of Merger (Icahn Carl C)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein to the extent that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) those contained in this Article IXVIII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Integral Systems Inc /Md/), Agreement and Plan of Merger (Kratos Defense & Security Solutions, Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time or after the termination of this Agreement and (iib) those contained in this Article IX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rite Aid Corp), Agreement and Plan of Merger (Walgreens Boots Alliance, Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXTime.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Zhangmen Education Inc.), Agreement and Plan of Merger (Team Health Holdings Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None Subject to Section 8.2(a) hereof, none of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article ARTICLE IX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Jekogian Iii Nickolas W), Agreement and Plan of Merger (Wilshire Enterprises Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time Time, and (iib) this Article IXVIII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Biosante Pharmaceuticals Inc), Agreement and Plan of Merger (Biosante Pharmaceuticals Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument or agreement delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time; provided, except for (i) those covenants and agreements contained herein however, that this Section 9.1 shall not limit any covenant or agreement of the parties which by their its terms apply or are to be performed in whole or in part contemplates performance after the Effective Time and (ii) this Article IXTime.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Clarcor Inc.), Agreement and Plan of Merger (Parker Hannifin Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. (a) None of the representations, warranties, covenants and 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 agreements, shall survive the Effective TimeClosing, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time Closing and (ii) this Article IXVIII.
Appears in 2 contracts
Samples: Debt Restructuring Agreement (Invitel Holdings a/S), Debt Restructuring Agreement (Hungarian Telecom LP)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) those covenants and agreements set forth in this Article IX.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Einstein Noah Restaurant Group Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article IXVIII. The Confidential Disclosure Agreements will survive termination of this Agreement in accordance with its terms.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Paratek Pharmaceuticals, Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and or 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that which by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) those contained in this Article IXX, which, in each case, shall survive in accordance with its terms and conditions.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Diamond Resorts International, Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article ARTICLE IX.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bio Imaging Technologies Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) those contained in this Article IX.ARTICLE X.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Seacor Holdings Inc /New/)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered by the Company, Parent or Merger Sub pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IX.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants 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 that by their terms apply or are to be performed contemplate performance in whole or in part after the Effective Time and (ii) this Article IX.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Healthcare Realty Trust Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply contemplate performance after the Effective Time or are to be performed in whole or in part after otherwise expressly by their terms survive the Effective Time and (iib) those contained in this Article IX, which, in each case, shall survive in accordance with its terms and conditions.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the All representations, warranties, covenants and agreements contained 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 agreements, ) shall not survive beyond the Effective Time, except for (i) those covenants and the agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time Article I and (ii) this Article IXSection 4.8.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective TimeClosing, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time Closing and (iib) this Article IXVII.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. (a) None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXARTICLE 9.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Geopetro Resources Co)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) those contained in this Article IX.. SECTION 9.2
Appears in 1 contract
Samples: Agreement and Plan of Merger (Diversified Restaurant Holdings, Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement Agreement, or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXTime.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Condor Hospitality Trust, Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective Time, except for (i1) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii2) this Article ARTICLE IX.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements in this Agreement or and in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, hereto shall survive the Effective Time, Time except for (i) those covenants and agreements (i) contained herein in Article II, Article III, Section 7.04(b), Section 7.05, Section 9.03 and this Article X) and (iii) that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXTime.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Global-Tech Advanced Innovations Inc.)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the First Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the First Effective Time and (iib) this Article IX.
Appears in 1 contract
Samples: Voting Agreement (Diligent Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article IXVIII. The Confidential Disclosure Agreement will survive termination of this Agreement in accordance with its terms.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IX.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall will survive the Effective Time, except for (i1) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii2) this Article IX.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IXVII.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and 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 agreements, shall survive the Effective Time, except for (i) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (ii) this Article IX.. SECTION 9.2
Appears in 1 contract
Samples: Agreement and Plan of Merger (Neiman Marcus Group Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants covenants, and 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 agreements, shall will survive the Effective Time, except for (ia) those covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective Time and (iib) this Article IXARTICLE VIII.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Habit Restaurants, Inc.)
