No Survival. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration Date. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance after the Expiration Date.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Hyperion Therapeutics Inc), Agreement and Plan of Merger (Horizon Pharma PLC), Agreement and Plan of Merger (Hyperion Therapeutics Inc)
No Survival. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration Dateearlier of the Closing or the termination of this Agreement. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance after the Expiration Dateearlier of the Closing or the termination of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Bazaarvoice Inc), Agreement and Plan of Merger (SolarWinds, Inc.), Agreement and Plan of Merger (SolarWinds, Inc.)
No Survival. None of the representations and warranties warranties, or any covenant to be performed prior to the Effective Time, contained in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration Date. This Effective Time or the termination of this Agreement pursuant to Section 7.1, as the case may be, except that this Section 8.3 shall not limit the survival of any covenant or any agreement of the parties hereto contained in this Agreement Parties which by its terms contemplates performance after the Expiration DateEffective Time and which shall survive in accordance with its respective terms.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Beacon Enterprise Solutions Group Inc), Agreement and Plan of Merger (Beacon Enterprise Solutions Group Inc)
No Survival. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration DateClosing. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance in whole or in part after the Expiration DateClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Kadmon Holdings, Inc.), Agreement and Plan of Merger (Luminex Corp)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered pursuant to under this Agreement (other than the Limited Guarantee and the Pledge and Security Agreement in accordance with their terms) shall survive the Expiration DateEffective Time. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in to this Agreement which which, by its terms terms, contemplates performance after the Expiration DateEffective Time, which, in each case, shall survive in accordance with its terms and conditions.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Feldenkreis George), Agreement and Plan of Merger (Perry Ellis International, Inc)
No Survival. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration DateEffective Time. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement Agreement, which by its terms terms, contemplates performance after the Expiration DateEffective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Procera Networks, Inc.), Agreement and Plan of Merger (Procera Networks, Inc.)
No Survival. None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Expiration DateEffective Time. This Section 8.3 7.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which by its terms contemplates performance after the Expiration DateEffective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rosetta Genomics Ltd.), Agreement and Plan of Merger (Rosetta Genomics Ltd.)
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered pursuant to under this Agreement (other than those set forth in Section 3.29 and Section 4.13) shall survive the Expiration DateEffective Time. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in this Agreement which Parties which, by its terms terms, contemplates performance after the Expiration DateEffective Time, which, in each case, shall survive in accordance with its terms and conditions.
Appears in 1 contract
No Survival. None of the representations and warranties contained in this Agreement or in any instrument delivered pursuant to under this Agreement (other than the Guarantee in accordance with its terms) shall survive the Expiration DateEffective Time. This Section 8.3 shall not limit the survival of any covenant or agreement of the parties hereto contained in to this Agreement which which, by its terms terms, contemplates performance after the Expiration DateEffective Time, which, in each case, shall survive in accordance with its terms and conditions.
Appears in 1 contract
