Non-Survival of Representations and Warranties. No representations, warranties or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, and after effectiveness of the Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Circus & Eldorado Joint Venture), Agreement and Plan of Merger (MGM Mirage), Agreement and Plan of Merger (Allied Waste Industries Inc)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Company Merger Effective Time. This Section 9.2 shall not limit any covenant or agreement of the Parties which by its terms contemplates performance after the Company Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Phillips Edison Grocery Center Reit Ii, Inc.), Agreement and Plan of Merger (Dupont Fabros Technology, Inc.)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Company Merger Effective Time. This Section 10.3 shall not limit any covenant or agreement of the Parties which by its terms contemplates performance after the Company Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Extra Space Storage Inc.), Agreement and Plan of Merger (Life Storage Lp), Agreement and Plan of Merger (Prologis, L.P.)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Effective Time of the Merger neither Merger. This Section 8.1 shall not limit any covenant or agreement of the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for parties that by its terms contemplates performance after the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13Effective Time of the Merger.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mainsource Financial Group), Agreement and Plan of Merger (Pfbi Capital Trust), Agreement and Plan of Merger (Premier Financial Bancorp Inc)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Partnership Merger Effective Time. This Section 10.3 shall not limit any covenant or agreement of the Parties which by its terms contemplates performance after the Partnership Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Potlatchdeltic Corp), Agreement and Plan of Merger (CatchMark Timber Trust, Inc.), Agreement and Plan of Merger (Prologis, L.P.)
Non-Survival of Representations and Warranties. No representations, warranties or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Merger, and after effectiveness of the Merger neither the Company, Parent, Merger Subsidiary nor or their respective officers or directors shall have any further obligation with respect thereto except for the agreements contained in Articles III, II III and VIII X, Section 7.10, Section 7.12 and Sections 5.07 and 5.13Section 9.2.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Allied Waste Industries Inc), Agreement and Plan of Merger (American Disposal Services Inc), Agreement and Plan of Merger (Allied Waste Industries Inc)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any certificate, schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Merger Effective Time. This Section 9.2 shall not limit any covenant or agreement of the Parties which by its terms contemplates performance after the Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation Effective Time. The Confidentiality Agreement will survive termination of this Agreement in accordance with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13its terms.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Omega Healthcare Investors Inc), Agreement and Plan of Merger (Aviv Reit, Inc.)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Merger Effective Time. This Section 10.1 shall not limit any covenant or agreement of the Parties that by its terms contemplates performance after the Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tremont Mortgage Trust), Agreement and Plan of Merger (RMR Mortgage Trust)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any certificate, schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Merger Effective Time. This Section 9.2 shall not limit any covenant or agreement of the Parties which by its terms contemplates performance after the Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation Effective Time. The Confidentiality Agreements will survive termination of this Agreement in accordance with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13its terms.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (OHI Healthcare Properties Limited Partnership), Agreement and Plan of Merger (MedEquities Realty Trust, Inc.)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Company Merger Effective Time. This Section 10.5 shall not limit any covenant or agreement of the Parties which by its terms contemplates performance after the Company Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Physicians Realty Trust), Agreement and Plan of Merger (Healthpeak Properties, Inc.)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Merger Effective Time. This Section 9.2 shall not limit any covenant or agreement of the Parties which by its terms contemplates performance after the Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (NorthStar/RXR New York Metro Real Estate, Inc.), Agreement and Plan of Merger (Phillips Edison Grocery Center REIT III, Inc.)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the MergerEffective Time or, and after effectiveness in the case of the Merger neither the Company, Parentshall survive the acceptance for payment of, Merger Subsidiary nor their respective officers and payment for, Shares by Buyer pursuant to the Offer. This Section 8.10 shall not limit any covenant or directors shall have any further obligation with respect thereto except for agreement of the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13parties which by its terms contemplates performance after the Effective Time of the Merger.
Appears in 1 contract
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the MergerCompany Merger Effective Time, and after effectiveness of the Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for covenants and agreements that contemplate performance after the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13Company Merger Effective Time or otherwise expressly by their terms survive the Company Merger Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Hersha Hospitality Trust)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Merger Effective Time or the termination of this Agreement if this Agreement is terminated prior to the Closing. This Section 9.2 shall not limit any covenant or agreement of the Parties that by its terms contemplates performance after the Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Falcon Minerals Corp)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Corporate Merger Effective Time or the termination of the Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13this Agreement.
Appears in 1 contract
Samples: Voting Agreement (Synnex Corp)
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Effective Time of the Merger neither Merger. This Section 12.2 shall not limit any covenant or agreement of the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation with respect thereto except for parties which by its terms contemplates performance after the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13Effective Time of the Merger.
Appears in 1 contract
Non-Survival of Representations and Warranties. No representations, None of the representations and warranties or agreements in this Agreement or in any certificate, schedule, instrument or other document delivered pursuant to this Agreement shall survive the Merger, and after effectiveness Merger Effective Time. This Section 8.2 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Merger neither the Company, Parent, Merger Subsidiary nor their respective officers or directors shall have any further obligation Effective Time. The Confidentiality Agreement will survive termination of this Agreement in accordance with respect thereto except for the agreements contained in Articles I, II and VIII and Sections 5.07 and 5.13its terms.
Appears in 1 contract
