No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, will survive the Effective Time, except for (a) those covenants and agreements contained herein that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Societal CDMO, Inc.), Agreement and Plan of Merger (Oyster Point Pharma, Inc.), Agreement and Plan of Merger (Supernus Pharmaceuticals, Inc.)
No Survival. None of the representations, warranties, covenants and other agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, will shall survive the Effective Time, except for (a) this Article IX and those covenants and agreements contained herein and Section 6.3 that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Kura Oncology, Inc.), Agreement and Plan of Merger (Oneida Resources Corp.), Agreement and Plan of Merger (W. S. Industries, Inc.)
No Survival. None of the representations, warranties, covenants and agreements contained in this Agreement or in any certificate, instrument or document delivered pursuant to under this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, will shall survive the Effective Time, except for (a) those covenants and agreements contained herein that which by their terms expressly apply or are to be performed in whole or in part contemplate performance after the Effective Time and (b) this Article 10or otherwise expressly survive the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Castle Brands Inc), Agreement and Plan of Merger (Kindred Healthcare, Inc)
No Survival. None of the representations, warranties, covenants and agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, will shall survive the Effective Time, except for (a) those covenants and agreements contained herein that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10IX.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Narrowstep Inc), Agreement and Plan of Merger (Onstream Media CORP)
No Survival. None of the representations, warranties, covenants and agreements set forth in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, will Agreement shall survive the Effective Time, except for (a) Section 5.7 and for those other covenants and agreements contained herein in this Agreement that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Itc Deltacom Inc), Agreement and Plan of Merger (Earthlink Inc)
No Survival. None of the representations, warranties, covenants and other agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, will shall survive the Effective Time, except for (a) this ARTICLE X, the representation contained in Section 3.16, which shall survive for one year after the Effective Time and those covenants and agreements contained herein and Section 7.3 that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10Time.
Appears in 2 contracts
Samples: HTM Agreement and Plan, Agreement and Plan of Securities Exchange (Minn Shares Inc)
No Survival. None of the representations, warranties, covenants and other agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, will shall survive the Effective Time, except for (a) those covenants and agreements contained herein and therein that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10VIII.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Highbury Financial Inc)
No Survival. None of the representations, warranties, covenants and other agreements in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, will shall survive the Effective Time, except for (a) this ARTICLE IX and those covenants and agreements contained herein and Section 6.3 that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10Time.
Appears in 1 contract
No Survival. None of the representations, warranties, covenants and or other agreements in this Agreement or in any certificateschedule, instrument or other document delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and agreements, will Agreement shall survive the First Effective Time, except for (a) those covenants and agreements contained herein in this Agreement that by their terms expressly apply or are to be performed in whole or in part after the First Effective Time and (b) this Article 10Time.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Zulily, Inc.)
No Survival. None of the The representations, warranties, covenants and other agreements in this Agreement or in any certificate, instrument or document delivered pursuant to or in connection with this Agreement, Agreement (including any rights arising out of any breach of or noncompliance with such representations, warranties, covenants and other agreements, will ) shall not survive the Effective Time, except for (a) Time other than those covenants herein specified to survive and agreements contained herein that by their terms expressly apply or are to be performed in whole or in part after the Effective Time and (b) this Article 10Time.
Appears in 1 contract
