Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.05, 7.06, 7.08, 7.09 and 7.10, this Article X which shall survive the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Eastern Utilities Associates), Agreement and Plan of Merger (New England Electric System), Agreement and Plan of Merger (New England Electric System)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I III and Article II, in Sections 7.01(b), 7.01(c), 7.05, 7.06, 7.07 and 7.08, 7.09 and 7.10, this Article X which shall survive the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ask Asa), Agreement and Plan of Merger (Proxima Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.06, 7.066.07 and 6.08, 7.08, 7.09 and 7.10, this Article X which shall survive the Effective TimeIX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alpnet Inc), Agreement and Plan of Merger (Alpnet Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.05, 7.06, 7.08, 7.09 and 7.10, this Article X which shall survive the Effective Time.. 9.02
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Chemi Trol Chemical Co), Agreement and Plan of Merger (Chemi Trol Chemical Co)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I II and Article II, in Sections 7.056.01(b), 7.066.05, 7.086.07, 7.09 6.09, 6.10, 6.11, and 7.106.12, this Article X which shall survive the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ahi Healthcare Systems Inc), Agreement and Plan of Merger (Fpa Medical Management Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.08, 7.066.09, 7.08, 7.09 6.10 and 7.106.11, this Article X IX and the agreements of the "affiliates" of Inprise delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Inprise Corp), Merger Agreement (Inprise Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements of the parties hereto contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective TimeTime or upon termination of this Agreement pursuant to Article IX, except for that the agreements contained set forth in Article I I, Section 6.07 and Article II, in Sections 7.05, 7.06, 7.08, 7.09 and 7.10, this Article X which Section 6.13 shall survive the Effective TimeTime indefinitely, and those set forth in Section 9.03 and this Article X hereof shall survive termination indefinitely.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Equity Bancshares Inc), Agreement and Plan of Merger (Equity Bancshares Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I II and Article IIIII, in Sections 7.057.07, 7.06, 7.08, 7.08 and 7.09 and 7.10, this Article X XI, which shall survive the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Kash N Karry Food Stores Inc), Agreement and Plan of Merger (Food Lion Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger Closing Date but shall terminate at the Effective TimeClosing, except for the agreements contained in Article I Sections 7.01, 7.03, 7.04 and Article II, 7.05 and in Sections 7.05, 7.06, 7.08, 7.09 and 7.10, this Article X which shall survive the Effective Time.X.
Appears in 2 contracts
Samples: Subscription Agreement (Vertex Industries Inc), Subscription Agreement (Midmark Capital Lp)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article Articles I, II, in Sections 7.05IX, 7.06X, 7.08and XII, 7.09 and 7.10, this Article X which shall survive the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Homeplace of America Inc)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I II and Article II, in Sections 7.051.07, 7.066.01(b), 7.086.06, 7.09 6.07 and 7.106.10, this Article X which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.05, 7.066.06, 7.086.07, 7.09 6.08, 6.10 and 7.10, 6.11 and this Article X IX and the last sentence of Section 6.01, which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.06, 7.066.08, 7.086.09, 7.09 6.10, 6.11 and 7.10, 6.12 and this Article X IX and the agreements of the "affiliates" of Micrografx delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 1 contract
Samples: Merger Agreement (Corel Corp)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I II and Article IIIII, in Sections 7.05, 7.06, 7.087.07, 7.09 7.08 and 7.10, 7.10 and this Article X X, which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I II and Article II, in Sections 7.056.01(b), 7.066.06, 7.086.07, 7.09 6.08 and 7.106.09, this Article X which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.09, 7.06, 7.08, 7.09 6.10 and 7.106.11, this Article X IX and the agreements of the "affiliates" of Grizzly delivered pursuant to Section 6.04, which shall survive the Effective Time.. 9.02
Appears in 1 contract
Samples: Agreement and Plan of Merger (General Scanning Inc \Ma\)
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.06, 7.066.08, 7.086.09, 7.09 6.10 and 7.106.12, this Article X IX and the agreements of the "affiliates" of the Company delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The None of the representations, warranties, covenants and agreements contained in this Agreement or and in any instrument delivered pursuant to this Agreement hereto shall not survive the Merger but shall terminate at the Effective Time, except for the those covenants and agreements (i) contained in Article I and Article II, in Sections Article III, Section 7.05, 7.06, 7.08, 7.09 and 7.10, this Article X which shall survive and (ii) that by their terms are to be performed in whole or in part after the Effective TimeTime or termination of this Agreement, as applicable.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.08, 7.06, 7.08, 7.09 6.09 and 7.106.10, this Article X IX and the agreements of the "affiliates" of the Company delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 1 contract
Non-Survival of Representations, Warranties, Covenants and Agreements. The representations, warranties, covenants and agreements contained in this Agreement or in any instrument delivered pursuant to this Agreement shall not survive the Merger but shall terminate at the Effective Time, except for the agreements contained in Article I and Article II, in Sections 7.056.07, 7.066.08, 7.086.09, 7.09 6.10, 6.11 and 7.106.13, this Article X IX and the agreements of the "affiliates" of the Company delivered pursuant to Section 6.04, which shall survive the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Anthracite Capital Inc)
