Common use of Aggregate Consideration Clause in Contracts

Aggregate Consideration. Notwithstanding anything in this Agreement to the contrary, in no event shall the aggregate amounts to be paid to the Holders pursuant to this Agreement with respect to shares of Company Capital Stock exceed (a) in respect of the amounts payable at the Closing, the Closing Merger Consideration and (b) in respect of the amounts payable thereafter, the portion of the Base Merger Delayed Consideration and the Contingent Consideration, if any, payable to the Holders.

Appears in 1 contract

Samples: Confidential Treatment Requested (Dare Bioscience, Inc.)

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Aggregate Consideration. Notwithstanding the foregoing or anything in this Agreement to the contrary, in no event shall the aggregate amounts to be paid to the Holders Stockholders pursuant to this Agreement with respect to shares of Company Capital Stock exceed (a) in respect of the amounts payable at the or promptly following Closing, the Closing Initial Merger Consideration Consideration, and thereafter, (b) in respect of the amounts payable thereafter, the portion of the Base Merger Delayed Consideration and the Contingent Consideration, if any, payable to the HoldersReleased Escrow Amount.

Appears in 1 contract

Samples: Agreement and Plan of Merger (PAETEC iTel, L.L.C.)

Aggregate Consideration. Notwithstanding anything in this Agreement to the contrary, in no event shall the aggregate amounts to be paid to the Holders pursuant to this Agreement with respect to shares of Company Capital Stock and Company Options exceed (a) in respect of the amounts payable at the Closing, the Closing Estimated Merger Consideration and (b) in respect of the amounts payable thereafter, the portion of the Base Merger Delayed Consideration and the Contingent ConsiderationFurther Distributions, if any, payable to the Holders.

Appears in 1 contract

Samples: Agreement of Merger (Brooks Automation Inc)

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Aggregate Consideration. Notwithstanding anything in this Agreement to the contrary, in no event shall will the aggregate amounts to be paid to the Holders pursuant to this Agreement with respect to shares of Company Capital Stock exceed (a) in respect of the amounts payable at the Closing, the Closing Merger Consideration and (b) in respect of the amounts payable thereafter, the portion of the Base Merger Delayed Consideration and the Contingent ConsiderationMilestone Payments, if any, payable to the Holders.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cerecor Inc.)

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