Common use of Company Termination Fee Clause in Contracts

Company Termination Fee. (i) In the event this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii), the Company shall pay the Company Termination Fee to Parent prior to such termination by wire transfer of same day funds to one or more accounts designated by Parent.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Iris International Inc), Agreement and Plan of Merger (Sutron Corp)

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Company Termination Fee. (ia) In the event that this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii7.1(d)(ii), the Company shall pay or cause to be paid as directed by Parent the Company Termination Fee to Parent prior to such substantially concurrently with the termination by wire transfer of same day funds to one or more accounts designated by Parentthis Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Questar Corp), Agreement and Plan of Merger (Dominion Resources Inc /Va/)

Company Termination Fee. (a) (i) In the event If this Agreement is terminated by the Company pursuant to and in accordance with Section 9.1(c)(ii7.1(f), the Company shall pay to Parent the Company Termination Fee to Parent prior to such termination Fee, by wire transfer of same day funds (to one or more accounts an account designated by Parent) in immediately available funds immediately prior to or concurrently with such termination.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Tivity Health, Inc.), Agreement and Plan of Merger (Trean Insurance Group, Inc.)

Company Termination Fee. (i) In the event If (A) Parent terminates this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii7.1(d)(i) or (B) the Company terminates this Agreement pursuant to Section 7.1(i), then the Company shall pay to Parent by wire transfer of immediately available funds to an account designated by Parent the Company Termination Fee to Parent prior to within two Business Days after the date of such termination by wire transfer of same day funds to one or more accounts designated by Parenttermination.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Kimco Realty Corp), Agreement and Plan of Merger (Weingarten Realty Investors /Tx/)

Company Termination Fee. (ia) In the event The parties hereto agree that if this Agreement is terminated by Parent pursuant to Section 7.1(e) or the Company pursuant to Section 9.1(c)(ii7.1(f), then the Company shall pay the Company Termination Fee to Parent prior to or concurrently with such termination, in the case of a termination by wire transfer of same day funds to one or more accounts designated by Parent.57

Appears in 1 contract

Samples: Agreement and Plan of Merger (Care.com Inc)

Company Termination Fee. (i) In the event If this Agreement is terminated by Parent pursuant to Section 10.01(c)(i) or by the Company pursuant to Section 9.1(c)(ii10.01(d)(i), then the Company shall pay the Company Termination Fee to Parent prior to such termination by wire transfer of same day immediately available funds to one or more accounts designated the Company Termination Fee, in the case of a termination by Parent, within one (1) Business Day after such termination and, in the case of a termination by the Company, prior to and as a condition to such termination.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ingram Micro Inc)

Company Termination Fee. (i) In the event that this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii8.1(c)(iii), the Company shall pay the Company Termination Fee to Parent or its designee prior to or concurrently with, and as a condition to, such termination termination, by wire transfer of same day funds to one or more accounts an account designated by ParentParent or its designee.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lawson Software, Inc.)

Company Termination Fee. (i) In If the event Company terminates this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii‎8.1(h), then the Company shall pay the Company Termination Fee or cause to be paid to Parent prior to or substantially concurrently with, and as a condition to such termination by wire transfer of same day funds termination, an amount in cash equal to one or more accounts designated by Parent$225,000,000 (the “Company Termination Fee”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nvidia Corp)

Company Termination Fee. (i) In the event If this Agreement is terminated by the Company Parent pursuant to any clause of Section 9.1(c)(ii10.01(c)(i), then the Company shall pay to Parent (or one or more designees of Parent) the Company Termination Fee to Parent prior to such termination by wire transfer of same day funds to one or more accounts designated by ParentFee.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Premiere Global Services, Inc.)

Company Termination Fee. (i) In the event this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii), the Company shall pay the Company Termination Fee to Parent prior to simultaneously with such termination by wire transfer of same day funds to one or more accounts designated by Parent (or, if such account(s) have not been designated by Parent prior to such termination, promptly, but in any event within two (2) Business Days, following the designation thereof in writing to the Company by Parent).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Zymogenetics Inc)

Company Termination Fee. (i) In If the event Company terminates this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii8.1(h), then the Company shall pay the Company Termination Fee or cause to be paid to Parent prior to or substantially concurrently with, and as a condition to such termination by wire transfer of same day funds termination, an amount in cash equal to one or more accounts designated by Parent$225,000,000 (the “Company Termination Fee”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mellanox Technologies, Ltd.)

Company Termination Fee. (i) In the event If this Agreement is validly terminated by the Company pursuant to and in accordance with Section 9.1(c)(ii7.1(f), the Company shall pay to Parent the Company Termination Fee to Parent prior to such termination Fee, by wire transfer of same day funds (to one or more accounts an account designated by Parent) in immediately available funds immediately prior to or concurrently with such termination.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Hibbett Inc)

Company Termination Fee. (i) In the event this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii7.1(e)(ii), the Company shall pay the Company Termination Fee to Parent prior to simultaneously with such termination by wire transfer of same day funds to one or more accounts designated by Parent (or, if such account(s) have not been designated by Parent prior to such termination, promptly, but in any event within two (2) Business Days, following the designation thereof in writing to the Company by Parent).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Checkpoint Systems Inc)

Company Termination Fee. (i) In the event this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii8.1(c)(ii), the Company shall must prior to or substantially concurrently with such termination pay the Company Termination Fee to Parent prior to such termination (or one or more of its designees) by wire transfer of same day funds to one or more accounts designated by ParentParent (or its designee(s)).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Symmetry Surgical Inc.)

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Company Termination Fee. (i) In the event If this Agreement is terminated by Parent pursuant to Section 10.01(c)(i) or by the Company pursuant to Section 9.1(c)(ii10.01(d)(i), then the Company shall pay the Company Termination Fee to Parent prior in immediately available funds, in the case of a termination by Parent, within two Business Days after such termination and, in the case of a termination by the Company, immediately before and as a condition to such termination by wire transfer of same day funds to one or more accounts designated by Parenttermination.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gerber Scientific Inc)

Company Termination Fee. (i) In the event that this Agreement is terminated (A) by Parent pursuant to Section 7.01(c)(ii) or (B) by the Company pursuant to Section 9.1(c)(ii7.01(d)(ii), then the Company shall pay pay, or cause to be paid, the Company Termination Fee to Parent prior to such termination or its designee by wire transfer of same same-day funds (to one the wire instructions for such payment provided by Parent prior to the payment thereof) in the case of clause (A), within two Business Days after such termination or more accounts designated by Parentin the case of clause (B), simultaneously with such termination.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Coupa Software Inc)

Company Termination Fee. (i) In If the event Company terminates this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii8.1(i), then the Company shall pay or cause to be paid to Parent concurrently with, and as a condition to such termination, an amount in cash equal to $290,000,000 (the Company Termination Fee to Parent prior to such termination by wire transfer of same day funds to one or more accounts designated by ParentFee”).

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Kla Tencor Corp)

Company Termination Fee. (i) In the event this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii), the Company shall pay the Company Termination Fee to Parent prior to or simultaneously with such termination by wire transfer of same day funds to one or more accounts designated by Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Baldor Electric Co)

Company Termination Fee. (i) In the event this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii8.1(c)(ii), the Company shall pay the Company Termination Fee to Parent prior to simultaneously with such termination by wire transfer of same day funds to one or more accounts designated by Parent (or, if such account(s) have not been designated by Parent prior to such termination, promptly, but in any event within two (2) Business Days, following the designation thereof in writing to the Company by Parent).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Conceptus Inc)

Company Termination Fee. (i) In If the event Company terminates this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii8.1(h), then the Company shall pay the Company Termination Fee or cause to be paid to Parent prior to or substantially concurrently with, and as a condition to such termination termination, $18,847,360 (the “Company Termination Fee”) by wire transfer of same day funds to one or more accounts designated by Parentimmediately available funds.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Itamar Medical Ltd.)

Company Termination Fee. (ia) In the event that this Agreement is terminated by the Company pursuant to Section 9.1(c)(ii7.1(d)(ii), the Company shall pay or cause to be paid as directed by Parent the Company Termination Fee to substantially concurrently with the termination of this Agreement if Parent prior to shall have provided wiring instructions for payment of the Company Termination Fee as of such termination or, if Parent has not then provided such wiring instructions, then such payment of the Company Termination Fee shall be made promptly following delivery of such wiring instructions by wire transfer of same day funds to one or more accounts designated by ParentParent (even if after such termination).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sagent Pharmaceuticals, Inc.)

Company Termination Fee. (ia) In the event The parties agree that if this Agreement is terminated by Parent pursuant to Section 7.1(f) or by the Company pursuant to Section 9.1(c)(ii7.1(g), then the Company shall pay the Company Termination Fee (or cause to be paid) to Parent prior to such termination by wire transfer of same day immediately available funds to one or more accounts an account designated in writing by Parent, prior to or concurrently with such termination, in the case of a termination by the Company, or within three (3) Business Days thereafter, in the case of a termination by Parent, a termination fee equal to $95,000,000 (the “Company Termination Fee”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lexmark International Inc /Ky/)

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