Expense Fees Clause Samples

Expense Fees. (1) In the event that this Agreement is terminated pursuant to the exercise (i) by Parent SubCo of its rights pursuant to Sections 8.1(l)(c)(B), 8.1(l)(c)(C) or 8.1(1)(c)(D), or (ii) by Tundra of its rights pursuant to Section 8.1(1)(d)(C), in addition to the rights of Parent SubCo under Section 7.3(2) (including to any payment thereunder), Tundra shall pay as directed by Parent SubCo, within two business days following such termination, by wire transfer in immediately available funds to an account designated by Parent SubCo an amount equal to all of the charges and expenses incurred by Parent SubCo in connection with this Agreement and the Transactions and the financing thereof, up to a maximum amount of $750,000. (2) In the event that this Agreement is terminated pursuant to the exercise by Tundra of its rights pursuant to Section 8.1(1)(d)(B), Parent SubCo shall pay to Tundra, within two business days following such termination, by wire transfer in immediately available funds to an account designated by Tundra, an amount equal to all of the charges and expenses incurred by Tundra in connection with this Agreement and the Transactions, up to a maximum amount of $750,000. (3) In no event shall Tundra be obligated to pay to Parent SubCo under Sections 7.3 and 7.4 an amount in respect of the termination of this Agreement that is, in aggregate, in excess of the Termination Fee. (4) For greater certainty, each Party further agrees that any payment of amounts under this Section 7.4 shall not be exclusive of any other remedies to which the Parties may be entitled as a result of the termination of this Agreement.