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 24 contracts
Sources: Merger Agreement (Timberland Co), Agreement and Plan of Merger (V F Corp), Merger Agreement (Collegiate Funding Services 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 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
Sources: Merger Agreement (Industrial Logistics Properties Trust), Merger Agreement (Monmouth Real Estate Investment Corp), 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 12 contracts
Sources: Merger Agreement (Taylor Morrison Home Corp), Merger Agreement (ODP Corp), Merger Agreement (Karuna Therapeutics, 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
Sources: Merger Agreement (Xueda Education Group), Merger Agreement (ChinaEdu CORP), Merger Agreement (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 (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
Sources: Merger Agreement (National Holdings Corp), Merger Agreement (Gilman Ciocia, Inc.), Merger Agreement (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
Sources: Merger Agreement (Sigilon Therapeutics, Inc.), Merger Agreement (Cubist Pharmaceuticals Inc), Merger Agreement (Symmetry Surgical 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 6 contracts
Sources: Merger Agreement (Duckhorn Portfolio, Inc.), Merger Agreement (Vapotherm Inc), Merger Agreement (Vapotherm 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
Sources: Merger Agreement (Fortune Brands Inc), Employee Matters Agreement (Acco World Corp), Agreement and Plan of Reorganization (Conexant Systems 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
Sources: Merger Agreement (Ingram Micro Inc), Merger Agreement (Brightpoint Inc), Merger Agreement (Kinetic Concepts Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and agreements of the parties 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, Agreement shall survive the Effective Time; provided, except for (i) those covenants and agreements contained herein however, that by their terms apply this Section 8.01 shall not limit any covenant or are to be performed agreement of the parties in whole this Agreement or in part any instrument delivered pursuant to this Agreement to the extent that such covenant or agreement contemplates performance after the Effective Time and (ii) this Article IXTime.
Appears in 5 contracts
Sources: Merger Agreement (GLAUKOS Corp), Merger Agreement (Clear Channel Outdoor Holdings, Inc.), Merger Agreement (Finisar 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 IX.
Appears in 5 contracts
Sources: Transaction Agreement (Centessa Pharmaceuticals PLC), Merger Agreement (Adverum Biotechnologies, Inc.), Merger Agreement (Verve Therapeutics, 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 IX.
Appears in 3 contracts
Sources: Merger Agreement (United Rentals Inc /De), Merger Agreement (Vnu Group B.V.), Merger Agreement (Netratings 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 Agreement 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 3 contracts
Sources: Merger Agreement (Applied Therapeutics, Inc.), Merger Agreement (G1 Therapeutics, Inc.), Merger Agreement (Lisata Therapeutics, 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
Sources: Agreement and Plan of Merger, Merger Agreement, Merger Agreement (ITC Holdings 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 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
Sources: Merger Agreement (Bryan Steam Corp), Merger Agreement (Bryan Steam Corp), Merger Agreement (Burnham Corp)
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
Sources: Agreement and Plan of Merger, Merger Agreement (TESARO, Inc.), Merger Agreement (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) this Article IXVIII.
Appears in 3 contracts
Sources: Merger Agreement (Wyndham Hotels & Resorts, Inc.), Merger Agreement (Wyndham Worldwide Corp), Merger Agreement (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 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
Sources: Merger Agreement (Krispy Kreme Doughnuts Inc), Merger Agreement (Caribou Coffee Company, Inc.), Merger Agreement (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 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
Sources: Merger Agreement (Stemcells Inc), Merger Agreement (Synageva Biopharma Corp.), Merger Agreement (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 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 3 contracts
Sources: Agreement and Plan of Merger (Nuvalent, Inc.), Merger Agreement (Provention Bio, Inc.), Merger Agreement (Acceleron Pharma 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
Sources: Merger Agreement (Jekogian Iii Nickolas W), Merger Agreement (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 and (iib) this Article IXVIII.
Appears in 2 contracts
Sources: Merger Agreement (AtaiBeckley Inc.), Merger Agreement (Ventyx Biosciences, 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 IXVIII.
Appears in 2 contracts
Sources: Merger Agreement (Integral Systems Inc /Md/), Merger Agreement (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 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
Sources: Merger Agreement (Clarcor Inc.), Merger Agreement (Parker Hannifin Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the The 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, Agreement shall not survive the Merger but shall terminate at 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 2 contracts
Sources: Merger Agreement (Chemi Trol Chemical Co), Merger Agreement (Chemi Trol Chemical 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 (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
Sources: Merger Agreement (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 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
Sources: Agreement and Plan of Merger (Biosante Pharmaceuticals Inc), Merger Agreement (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 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
Sources: Merger Agreement (Zhangmen Education Inc.), Merger Agreement (Team Health 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 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
Sources: Merger Agreement (Xo Holdings Inc), Merger Agreement (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 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
Sources: Merger Agreement (Walgreens Boots Alliance, Inc.), Merger Agreement (Rite Aid 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 Time, and (iib) this Article IX8.
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 AgreementAgreement or the transactions contemplated hereby, 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 1 contract
Sources: Merger Agreement (Proassurance Corp)
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
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
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
Sources: 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 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
Sources: Merger Agreement (SpineZ)
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
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 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
Sources: Merger Agreement (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 (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 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
Sources: Merger Agreement (N-Vision 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 agreementsagreements prior to the Effective Time, 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 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 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
Sources: Merger Agreement (Diligent Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties, covenants and or agreements set forth 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, Agreement shall survive the Effective Time, except for (ia) those covenants and agreements contained herein in this Agreement that by their express terms apply or are to be performed in whole or in part at or after the Effective Time, which shall survive the Effective Time in accordance with their respective terms, and (iib) this Section 7.14 and Article IXXI shall survive the Effective Time.
Appears in 1 contract
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
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. 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
Sources: Merger Agreement (Penton Media 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 IXVII.
Appears in 1 contract
Sources: Merger Agreement (Midland Co)