Common use of Termination and Survival Clause in Contracts

Termination and Survival. Unless the Closing has occurred prior thereto or simultaneously herewith, this Agreement and, except as herein provided, all the rights of the parties hereto, shall terminate on January 16, 1998 (unless such date is extended by mutual written consent); provided, however, that this date may be extended unilaterally by the Company or the Investor to March 31, 1998 if all required regulatory approvals have not been obtained by January 16, 1998. Notwithstanding the foregoing, Section 7 hereof shall survive the termination of this Agreement. All warranties, representations, and covenants made by the Investor and the Company herein or in any certificate or other instrument delivered by the Investor or the Company under this Agreement shall be considered to have been relied upon by the Company or the Investor, as the case may be, and shall survive all deliveries to the Investor of the Securities, or payment to the Company for such Securities, regardless of any investigation made by the Company or the Investor, as the case may be, or on the Company's or the Investor's behalf. All statements in any such certificate or other instrument shall constitute warranties and representations by the Company or the Investor, as the case may be, hereunder.

Termination and Survival. Unless the Closing has occurred prior thereto or simultaneously herewith, this Agreement and, except as herein provided, all the rights of the parties hereto, shall terminate on January 16November 30, 1998 1999 (unless such date is extended by mutual written consent); provided, however, that this date may be extended unilaterally by the Company or the Investor to March 31, 1998 if all required regulatory approvals have not been obtained by January 16, 1998. Notwithstanding the foregoing, Section 7 hereof shall survive the termination of this Agreement. All warranties, representations, and covenants made by the Investor and the Company herein or in any certificate or other instrument delivered by the Investor or the Company under this Agreement shall be considered to have been relied upon by the Company or the Investor, as the case may be, and shall survive all deliveries to the Investor of the Securities, or payment to the Company for such Securities, regardless of any investigation made by the Company or the Investor, as the case may be, or on the Company's or the Investor's behalf. All statements in any such certificate or other instrument shall constitute warranties and representations by the Company or the Investor, as the case may be, hereunder.

Termination and Survival. Unless the Closing has Closings have occurred prior thereto or simultaneously herewiththereto, this Agreement and, except as herein provided, all the rights of the parties hereto, shall terminate on January 16July 31, 1998 1997 (unless such date is extended by mutual written consent); provided, however, that this date may be extended unilaterally by the Company or the Investor Investors to March 31September 30, 1998 1997 if all required regulatory approvals have not been obtained by January 16July 31, 19981997. Notwithstanding the foregoing, Section 7 15.4 hereof shall survive the termination of this Agreement. All warranties, representations, and covenants made by the Investor Investors and the Company herein or in any certificate or other instrument delivered by one of the Investor Investors or the Company under this Agreement shall be considered to have been relied upon by the Company or the InvestorInvestors, as the case may be, and shall survive all deliveries to the Investor Investors of the Securities, or payment to the Company for such Securities, regardless of any investigation made by the Company or the an Investor, as the case may be, or on the Company's or the an Investor's behalf. All statements in any such certificate or other instrument shall constitute warranties and representations representation by the Company or the Investor, as the case may be, hereunder.

Termination and Survival. Unless the Second Closing has occurred prior thereto or simultaneously herewiththereto, this Agreement and, except as herein provided, all the rights obligations of the parties hereto, hereto to consummate the Second Closing shall terminate on January 16October 31, 1998 2001 (unless such date is extended by mutual written consent); provided, however, that this date may be extended unilaterally by the Company or the Investor to March 31, 1998 if all required regulatory approvals have not been obtained by January 16, 1998. Notwithstanding the foregoing, Section 7 hereof shall survive the any termination of the parties' obligation to consummate the Second Closing, all other terms of this AgreementAgreement shall remain in full force and effect. All warranties, representations, and covenants made by the Investor and the Company herein or in any certificate or other instrument delivered by the Investor or the Company under this Agreement shall be considered to have been relied upon by the Company or the Investor, as the case may be, and shall survive all deliveries to the Investor of the SecuritiesShares, or payment to the Company for such SecuritiesShares, regardless of any investigation made by the Company or the Investor, as the case may be, or on the Company's or the Investor's behalf. All statements in any such certificate or other instrument shall constitute warranties and representations by the Company or the Investor, as the case may be, hereunder.

Termination and Survival. Unless the Closing has occurred prior thereto or simultaneously herewiththereto, this Agreement and, except as herein provided, all the rights of the parties hereto, shall terminate on January 16June 30, 1998 (unless such date is extended by mutual written consent); provided, however, that this date may be extended unilaterally by the Company or the Investor to March 31, 1998 if all required regulatory approvals have not been obtained by January 16, 1998. Notwithstanding the foregoing, Section 7 11.2 hereof shall survive the termination of this Agreement. All warranties, representations, and covenants made by the Investor and the Company herein or in any certificate or other instrument delivered by the Investor or the Company under this Agreement shall be considered to have been relied upon by the Company or the Investor, as the case may be, regardless of any investigation made by the Investor and shall survive all deliveries to the Investor of the SecuritiesShares, or payment to the Company for such SecuritiesShares and Warrants, regardless of any investigation made by the Company or the Investor, as the case may be, or on the Company's or the Investor's behalf. All statements in any such certificate or other instrument shall constitute warranties and representations representation by the Company hereunder, except that the Investor shall not be required to purchase Shares or Warrants from any Person other than the Investor, as the case may be, hereunderCompany.

Termination and Survival. Unless the Closing has occurred prior thereto or simultaneously herewiththereto, this Agreement and, except as herein provided, all the rights of the parties hereto, shall terminate on January 167, 1998 (unless such date is extended by mutual written consent); provided, however, that this date may be extended unilaterally by the Company or the Investor to March 31, 1998 if all required regulatory approvals have not been obtained by January 16, 1998. Notwithstanding the foregoing, Section 7 8.3 hereof shall survive the termination of this Agreement. All warranties, representations, and covenants made by the Investor Investors, the Managing Founders and the Company herein or in any certificate or other instrument delivered by one of the Investor Investors or the Company under this Agreement shall be considered to have been relied upon by the Company or the InvestorInvestors, as the case may be, and shall survive all deliveries to the Investor Investors of the SecuritiesShares, or payment to the Company for such SecuritiesShares, regardless of any investigation made by the Company or the an Investor, as the case may be, or on the Company's or the an Investor's behalf. All statements in any such certificate or other instrument shall constitute warranties and representations by the Company or the InvestorManaging Founders, as the case may be, hereunder.

Termination and Survival. Unless the Closing has occurred prior thereto or simultaneously herewith------------------------ thereto, this Agreement and, except as herein provided, all the rights of the parties hereto, shall terminate on January 16December 31, 1998 (unless such date is extended by mutual written consent); provided, however, that this date may be extended unilaterally by the Company or the Investor to March 31, 1998 if all required regulatory approvals have not been obtained by January 16, 1998. Notwithstanding the foregoing, Section 7 11.2 hereof shall survive the termination of this Agreement. All warranties, representations, and covenants made by the Investor and the Company herein or in any certificate or other instrument delivered by the Investor or the Company under this Agreement shall be considered to have been relied upon by the Company or the Investor, as the case may be, regardless of any investigation made by the Investor and shall survive the Closing, all deliveries to the Investor of the SecuritiesShares and Warrants, or payment to the Company for such SecuritiesShares and Warrants, regardless of any investigation made by the Company or the Investor, as the case may be, or on the Company's or the Investor's behalf. All statements in any such certificate or other instrument shall constitute warranties and representations by the Company hereunder, except that the Investor shall be not be required to purchase Shares or Warrants from any Person other than the Investor, as the case may be, hereunderCompany.

Termination and Survival. Unless the Closing has occurred prior thereto or simultaneously herewith------------------------ thereto, this Agreement and, except as herein provided, all the rights of the parties hereto, shall terminate on January 16December 31, 1998 (unless such date is extended by mutual written consent); provided, however, that this date may be extended unilaterally by the Company or the Investor to March 31, 1998 if all required regulatory approvals have not been obtained by January 16, 1998. Notwithstanding the foregoing, Section 7 11.2 hereof shall survive the termination of this Agreement. All warranties, representations, and covenants made by the Investor and the Company herein or in any certificate or other instrument delivered by the Investor or the Company under this Agreement shall be considered to have been relied upon by the Company or the Investor, as the case may be, regardless of any investigation made by the Investor and shall survive the Closing, all deliveries to the Investor of the SecuritiesShares and Warrants, or payment to the Company for such SecuritiesShares and Warrants, regardless of any investigation made by the Company or the Investor, as the case may be, or on the Company's or the Investor's behalf. All statements in any such certificate or other instrument shall constitute warranties and representations by the Company hereunder, except that the Investor shall not be required to purchase Shares or Warrants from any Person other than the Investor, as the case may be, hereunderCompany.

Termination and Survival. Unless the Closing has occurred prior thereto or simultaneously herewiththereto, this Agreement and, except as herein provided, all the rights of the parties hereto, shall terminate on January 16June 30, 1998 (unless such date is extended by mutual written consent); provided, however, that this date may be extended unilaterally by the Company or the Investor to March 31, 1998 if all required regulatory approvals have not been obtained by January 16, 1998. Notwithstanding the foregoing, Section 7 11.2 hereof shall survive the termination of this Agreement. All warranties, 32 representations, and covenants made by the Investor and the Company herein or in any certificate or other instrument delivered by the Investor or the Company under this Agreement shall be considered to have been relied upon by the Company or the Investor, as the case may be, regardless of any investigation made by the Investor and shall survive all deliveries to the Investor of the SecuritiesShares, or payment to the Company for such SecuritiesShares and Warrants, regardless of any investigation made by the Company or the Investor, as the case may be, or on the Company's or the Investor's behalf. All statements in any such certificate or other instrument shall constitute warranties and representations representation by the Company hereunder, except that the Investor shall not be required to purchase Shares or Warrants from any Person other than the Investor, as the case may be, hereunderCompany.

Termination and Survival. Unless the Closing has occurred prior thereto or simultaneously herewiththereto, this Agreement and, except as herein provided, all the rights of the parties hereto, shall terminate on January 16July 31, 1998 1997 (unless such date is extended by mutual written consent); provided, however, that this date may be extended unilaterally by the Company or the Investor to March 31, 1998 if all required regulatory approvals have not been obtained by January 16, 1998. Notwithstanding the foregoing, Section 7 15.4 hereof shall survive the termination of this Agreement. All warranties, representations, and covenants made by the Investor Investors and the Company herein or in any certificate or other instrument delivered by one of the Investor Investors or the Company under this Agreement shall be considered to have been relied upon by the Company or the InvestorInvestors, as the case may be, and shall survive all deliveries to the Investor Investors of the Securities, or payment to the Company for such Securities, regardless of any investigation made by the Company or the an Investor, as the case may be, or on the Company's or the an Investor's behalf. All statements in any such certificate or other instrument shall constitute warranties and representations representation by the Company or the Investor, as the case may be, hereunder.

Termination and Survival. Unless the First Closing has occurred prior thereto or simultaneously herewiththereto, this Agreement and, except as herein provided, all the rights obligations of the parties hereto, hereto to consummate the First Closing and the Second Closing shall terminate on January 16October 31, 1998 2002 (unless such date is extended by mutual written consentconsent of the parties hereto); provided, however, that this date may be extended unilaterally by the Company or the Investor to March 31, 1998 if all required regulatory approvals have not been obtained by January 16, 1998. Notwithstanding the foregoing, Section 7 hereof shall survive the any termination of the parties' obligation to consummate the Closings, all other terms of this AgreementAgreement shall remain in full force and effect. All warranties, representations, and covenants made by the Investor Investors and the Company herein or in any certificate or other instrument delivered by the Investor Investors or the Company under this Agreement shall be considered to have been relied upon by the Company or the InvestorInvestors, as the case may be, and shall survive all deliveries to the Investor Investors of the SecuritiesShares, or payment to the Company for such SecuritiesShares, regardless of any investigation made by the Company or the InvestorInvestors, as the case may be, or on the Company's or the Investor's Investors' behalf. All statements in any such certificate or other instrument shall constitute warranties and representations by the Company or hereunder. Notwithstanding the Investorforegoing, as the case may be, hereunderrepresentations and warranties contained in Section 2.31 shall expire upon the closing of the Acquisition and be of no further force and effect.