Common use of Expenses and Termination Fees Clause in Contracts

Expenses and Termination Fees. (a) Subject to subsection (b) of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and the fees and expenses of advisors, accountants, legal counsel and financial printers, shall be paid by the party incurring such expense.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Euniverse Inc), Agreement and Plan of Merger (Amera Link Inc), Agreement and Plan of Merger (Amera Link Inc)

Expenses and Termination Fees. (a) Subject to subsection (b) the terms of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and hereby (including the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Cash Systems Inc), Agreement and Plan of Merger (Sigmatel Inc), Agreement and Plan of Merger (Global Cash Access Holdings, Inc.)

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Expenses and Termination Fees. (a) Subject to subsection (b) of Except as set forth in this Section 7.3, whether or not the Merger is consummated8.3, all costs fees and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and the fees and expenses of advisors, accountants, legal counsel and financial printers, hereby shall be paid by the party incurring such expenseexpenses, whether or not the Merger is consummated.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Musicland Stores Corp), Agreement and Plan of Merger (Best Buy Co Inc), Agreement and Plan of Merger (Best Buy Co Inc)

Expenses and Termination Fees. (a) Subject to subsection (b) of this Section 7.37.3(b), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Exodus Communications Inc), Agreement and Plan of Merger (Global Crossing LTD), Shareholder Agreement (Phone Com Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b) and (c) of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (SP Holding CORP), Agreement and Plan of Merger and Reorganization (SP Holding CORP), Agreement and Plan of Merger and Reorganization (SP Holding CORP)

Expenses and Termination Fees. (a) Subject to subsection (bSections 8.03(b) of this Section 7.3through 8.03(g), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement Agreement, any related agreements and documents and the transactions contemplated including, without limitation, filing fees hereby and thereby (including the fees and expenses of advisorsadvisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (I2 Technologies Inc), Agreement and Plan of Reorganization (I2 Technologies Inc)

Expenses and Termination Fees. (a) Subject to subsection (b) the terms of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Plumtree Software Inc), Agreement and Plan of Merger (Bea Systems Inc)

Expenses and Termination Fees. (a) Subject to subsection (b) of Except as set forth in this Section 7.3, whether or not the Merger is consummated, all costs fees and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and the fees and expenses of advisors, accountants, legal counsel and financial printers, by this Agreement shall be paid by the party incurring such expenseexpenses, whether or not the Merger is consummated.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Tut Systems Inc), Agreement and Plan of Merger and Reorganization (Copper Mountain Networks Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c), (d), (e) and (f) of this Section 7.38.3, whether or not the Merger is consummated, all costs and expenses Expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and by this Agreement (including the fees and expenses of advisorsits advisers, brokers, finders, agents, accountants, bankers and legal counsel and financial printers, counsel) shall be paid by the party incurring such expensecosts and Expenses.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Brink's Home Security Holdings, Inc.), Agreement and Plan of Merger (Tyco International LTD /Ber/)

Expenses and Termination Fees. (a) Subject to subsection (b) the remaining subsections of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and hereby (including the fees and expenses of advisorsits advisers, accountantsbrokers, finders, agents, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Alderwoods Group Inc), Agreement and Plan of Merger (Service Corporation International)

Expenses and Termination Fees. (a) Subject to subsection (b) of Except as set forth in this Section 7.3, whether or not the Merger is consummated7.2, all costs fees and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and the fees and expenses of advisors, accountants, legal counsel and financial printers, Transactions shall be paid by the party Party incurring such expenseexpenses, whether or not the Merger is consummated.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Spark Networks SE), Agreement and Plan of Merger

Expenses and Termination Fees. (a) Subject to subsection (b) of Except as otherwise provided by this Section 7.3Agreement, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated includingby this Agreement, without limitation, including filing fees and the fees and expenses of advisors, accountants, legal counsel and financial printers, shall be paid by the party incurring such cost or expense.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Targeted Genetics Corp /Wa/), Agreement and Plan of Merger (Targeted Genetics Corp /Wa/)

Expenses and Termination Fees. (a) Subject to subsection Sections 7.3(b), (bc) of this Section 7.3and (d), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Voting Agreement (Gish Biomedical Inc), Agreement and Plan of Merger and Reorganization (Cardiotech International Inc)

Expenses and Termination Fees. (a) Subject to subsection (bSections 8.03(b) of this Section 7.3through 8.03(g), whether or -------------------------------- not the Merger is consummated, all costs and expenses incurred in connection with this Agreement Agreement, any related agreements and documents and the transactions contemplated including, without limitation, filing fees hereby and thereby (including the fees and expenses of advisorsadvisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Wadhwani Romesh), Agreement and Plan of Reorganization (Aspect Development Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b) and (c) of this Section 7.3, whether or not the Merger is consummated, all ----------- costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (DentalServ.com), Agreement and Plan of Merger (DentalServ.com)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c), and (d) of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Cisco Systems Inc), Agreement and Plan of Reorganization (Network Appliance Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c), (d), and (f) of this Section 7.38.3, whether or not the Merger is consummated, all fees, costs and expenses incurred in connection with this Agreement and the transactions contemplated includingby this Agreement (including the fees, without limitation, filing fees and the fees costs and expenses of advisorsits advisers, brokers, finders, agents, accountants, bankers and legal counsel and financial printers, counsel) shall be paid by the party incurring such fee, cost and expense.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Kirby Corp), Agreement and Plan of Merger (K-Sea Transportation Partners Lp)

Expenses and Termination Fees. (a) Subject to subsection (bSections 8.03(b) of this Section 7.3and 8.03(c), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement Agreement, related agreements and documents and the transactions contemplated including, without limitation, filing fees hereby and thereby (including the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Choicetel Communications Inc /Mn/), Agreement and Plan of Reorganization (Silknet Software Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c) and (d) of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and by this Agreement (including the fees and expenses of advisorsits advisers, accountantsbrokers, finders, agents, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Chaparral Steel CO), Agreement and Plan of Merger (Gerdau Ameristeel Corp)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c) and (d) of this Section 7.37.3 and Section 6.3(o), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Novellus Systems Inc), Agreement and Plan of Reorganization (Gasonics International Corp)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c) and (d) of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Credence Systems Corp), Agreement and Plan of Reorganization (Cardiovascular Dynamics Inc)

Expenses and Termination Fees. (a) Subject to subsection (bSections 5.13, 7.3(b), 7.3(c) of this Section 7.3and 7.3(d), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the reasonable fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Softnet Systems Inc)

Expenses and Termination Fees. (a) Subject to subsection (bSections 7.3(b), 7.3(c) of this Section 7.3and 7.3(d), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cisco Systems Inc)

Expenses and Termination Fees. (a) Subject to subsection (b) of this Section 7.3, whether Whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and the fees and expenses of advisors, accountants, legal counsel and financial printers, shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Innofone Com Inc)

Expenses and Termination Fees. (a) Subject to subsection (b) of this Section 7.31.06(a)(i), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and the fees and expenses of advisors, accountants, legal counsel and financial printers, shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (PDF Solutions Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c), (d) and (e) of this Section 7.38.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and hereby (including the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party Party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Old Guard Group Inc)

Expenses and Termination Fees. (a) Subject to subsection (b) of this Section 7.316.3, whether or not the Merger Business Combination is consummated, all costs and expenses (including transfer and other similar Taxes) incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alpha Security Group CORP)

Expenses and Termination Fees. (a) Subject to subsection (bSections 7.3(b) of this Section 7.3and 7.3(c), ----------------------------- whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement Agreement, the Ancillary Agreements and the transactions contemplated hereby and thereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Sandpiper Networks Inc)

Expenses and Termination Fees. (a) Subject to subsection (bSections 5.1, 5.6(b), 5.8, 7.3(b) of this Section 7.3and 7.3(c), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Cisco Systems Inc)

Expenses and Termination Fees. (a) Subject to subsection section 5.18 and to subsections (b), (c), and (d) of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cisco Systems Inc)

Expenses and Termination Fees. (a) Subject to subsection (bSections 7.3(b), 7.3(c) of this and Section 7.35.15, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Crossroads Systems Inc)

Expenses and Termination Fees. (a) Subject to subsection Sections 7.3(b), (bc) of this Section 7.3and (d), whether or not the Merger Reorganization is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Acquisition Agreement (Cisco Systems Inc)

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Expenses and Termination Fees. (a) Subject to subsection (bSections 5.15, 7.3(b), 7.3(c), 7.3(d) of this Section 7.3, and 7.3(e) whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement Agreement, the Ancillary Agreements and the transactions contemplated hereby and thereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Shareholder Agreement (Digital Island Inc)

Expenses and Termination Fees. (a) Subject to subsection (bSections 5.05 and 8.08(b) of this Section 7.3hereof, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and the fees and expenses of advisors, accountants, legal counsel and financial printers, hereby shall be paid by the party incurring such expensecosts and expenses.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Little Switzerland Inc/De)

Expenses and Termination Fees. (a) Subject to subsection (b) the terms of this Section 7.37.03, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Omnicity Corp.)

Expenses and Termination Fees. (a) Subject to subsection (bSections 7.3(b), 7.3(c), 7.3(d) of this Section 7.3and 7.3(e), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Polycom Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c) and (d) of this Section 7.37.3 and Section 6.3(c), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Speedfam Ipec Inc)

Expenses and Termination Fees. (a) Subject to subsection (bSections 7.3(b) of this Section 7.3and 7.3(c), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense, either Acquiror or Target.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cacheflow Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c), (d), and (e) of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cost U Less Inc)

Expenses and Termination Fees. (a) Subject to subsection (b) of this Section 7.39.3, whether or not the Merger Closing is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Acquisition Agreement (Cisco Systems Inc)

Expenses and Termination Fees. (a) Subject to subsection (b) of this Section 7.3, whether Whether or not the Merger is ----------------------------- consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Kana Communications Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c) and (d) of this Section 7.38.3, and except as provided in Section 1.13, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and the fees and expenses of advisors, accountants, legal counsel and financial printers, shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ellie Mae Inc)

Expenses and Termination Fees. (a) 7.3.1 Subject to subsection subsections (b), (c) and (d) of this Section 7.37.3 and Section 6.3(c), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Novellus Systems Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b), (c) and (d) of this Section 7.37.3 and Section 5.20, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Nptest Holding Corp)

Expenses and Termination Fees. (a) Subject to subsection (bSections 7.3(b), 7.3(c) of this Section 7.3and 5.17, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and hereby (including the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Silicon Laboratories Inc)

Expenses and Termination Fees. (a) Subject to subsection subsections (b) and (c) of this Section 7.39.3, whether or not the Merger Business Combination is consummated, all costs and expenses (including transfer and other similar Taxes) incurred by any party in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

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

Expenses and Termination Fees. (a) Subject to subsection subsections (b) and (c) of this Section 7.311.3, whether or not the Merger Business Combination is consummated, all costs and expenses (including transfer and other similar Taxes) incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alyst Acquisition Corp.)

Expenses and Termination Fees. (a) Subject to subsection (bSections 7.3(b) of this Section 7.3and ----------------------------- 7.3(c), whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement Agreement, the Ancillary Agreements and the transactions contemplated hereby and thereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Shareholder Agreement (Digital Island Inc)

Expenses and Termination Fees. (a) Subject to subsection (bSections 8.03(b) of this Section 7.3and 8.03(c), whether or not the Merger ---------------- ------- is consummated, all costs and expenses incurred in connection with this Agreement Agreement, related agreements and documents and the transactions contemplated including, without limitation, filing fees hereby and thereby (including the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Kana Communications Inc)

Expenses and Termination Fees. (a) Subject to subsection (bSection 7.3(b), Section 7.3(c) of this and Section 7.35.15, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, filing fees and the fees and expenses of advisorsits advisers, accountants, accountants and legal counsel and financial printers, counsel) shall be paid by the party incurring such expense.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Covad Communications Group Inc)

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