Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective Time.
Appears in 53 contracts
Samples: Agreement and Plan of Merger (Citizens Community Bancorp Inc.), Agreement and Plan of Merger (Citizens Community Bancorp Inc.), Agreement and Plan of Merger (Hf Financial Corp)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 9.01, as the case may be. This Section 10.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.
Appears in 25 contracts
Samples: Agreement and Plan of Merger (Itxc Corp), Agreement and Plan of Merger and Reorganization (Doubleclick Inc), Agreement and Plan of Merger and Reorganization (Doubleclick Inc)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or and in any instrument certificate delivered pursuant to this Agreement hereto shall terminate at the Effective Time.
Appears in 22 contracts
Samples: Agreement and Plan of Merger (DecisionPoint Systems, Inc.), Agreement and Plan of Merger (Granite Construction Inc), Agreement and Plan of Merger (Layne Christensen Co)
Non-Survival of Representations and Warranties. The ---------------------------------------------- representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Marquette Medical Systems Inc), Agreement and Plan of Merger (Interpublic Group of Companies Inc), Agreement and Plan of Merger (Data Critical Corp)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 8.01, as the case may be.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Health Care Property Investors Inc), Agreement and Plan of Merger (CNL Retirement Properties Inc), Agreement and Plan of Merger (Strategic Storage Trust, Inc.)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in and any instrument certificate delivered pursuant to this Agreement hereto by any person shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 9.01.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Jason Inc), Agreement and Plan of Merger (Calendar Acquisition Corp), Agreement and Plan of Merger (Jason Inc)
Non-Survival of Representations and Warranties. The All of the representations and warranties of the parties contained in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at as of the Effective Time.
Appears in 3 contracts
Samples: Acquisition Agreement And (Crown Resources Corp), Acquisition Agreement and Agreement and Plan of Merger (Razorfish Inc), Acquisition Agreement and Agreement and Plan of Merger (Razorfish Inc)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (American Community Properties Trust), Share Exchange Agreement (Jondex Corp), Agreement and Plan of Merger (Bcom3 Group Inc)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the earlier of (i) the Effective TimeTime and (ii) except as expressly provided in the last paragraph of Section 6.1, the termination of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Brookfield Asset Management Inc.), Agreement and Plan of Merger (Crystal River Capital, Inc.), Agreement and Plan of Merger (Criimi Mae Inc)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective Time.. Section 8.2
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Great Western Bancorp, Inc.), Execution Version Agreement and Plan (Starwood Lodging Corp)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in Agreement, including any instrument delivered pursuant to this Agreement rights arising out of any breach of such representations and warranties, shall terminate at the Effective Timeapplicable Settlement.
Appears in 2 contracts
Samples: Contribution Agreement (Home Properties Inc), Contribution Agreement (United Dominion Realty L P)
Non-Survival of Representations and Warranties. The ---------------------------------------------- representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective TimeTime or, subject to Section 7.2 hereof, upon the termination of this Agreement pursuant to Section 7.1 hereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc), Agreement and Plan of Merger (Algos Pharmaceutical Corp)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement contained herein or in any instrument delivered pursuant to this Agreement shall terminate at the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Arv Assisted Living Inc), Agreement and Plan of Merger (Lazard Freres Real Estate Investors LLC)
Non-Survival of Representations and Warranties. The All representations and warranties set forth in this Agreement or and/or in any instrument delivered 77 pursuant to this Agreement shall not survive the Effective Time, but shall terminate at the Effective Time.
Appears in 2 contracts
Samples: Registration Rights Agreement (Venturi Partners Inc), Agreement and Plan of Merger (Venturi Partners Inc)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective TimeClosing or upon the termination of this Agreement pursuant to Section 9.01.
Appears in 2 contracts
Samples: Asset Purchase Agreement (White Electronic Designs Corp), Ownership Limit Waiver Agreement (Newkirk Master Lp)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or and in any certificate, instrument or other documents delivered pursuant to this Agreement hereto shall terminate at the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Crystal Rock Holdings, Inc.), Agreement and Plan of Merger (Exa Corp)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective TimeClosing or upon the earlier termination of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lexington Realty Trust)
Non-Survival of Representations and Warranties. The Except for any claim arising as a result of any breach of a representation or warranty prior to the termination of this Agreement as provided in Section 7.2, the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the earlier of (i) the Effective TimeTime or (ii) the termination of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Pediatrix Medical Group Inc)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement shall terminate as of the Effective Time or in any instrument delivered upon the termination of this Agreement pursuant to this Agreement shall terminate at section 6.1, as the Effective Timecase may be.
Appears in 1 contract
Samples: Agreement and Plan of Recapitalization and Merger (Specialty Catalog Corp)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective Time.Time or upon the termination of this Agreement pursuant to Section 7.1. Section 8.2
Appears in 1 contract
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective TimeTime or, subject to Section 7.2 hereof, upon the termination of this Agreement pursuant to Section 7.1 hereof.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 9.01, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Opticare Health Systems Inc)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective TimeClosing or upon the termination of this Agreement pursuant to Section 10.01.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Trizec Properties Inc)
Non-Survival of Representations and Warranties. The representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall terminate at the Effective TimeTime or upon the termination of this Agreement pursuant to Section 7.1.
Appears in 1 contract
