Expenses; Termination Fees. (a) Except as set forth in this Section 8.3, all fees and expenses incurred in connection with this Agreement and the Contemplated Transactions shall be paid by the party incurring such expenses, whether or not the Merger is consummated; provided, however, that Parent and the Company shall share equally all fees and expenses, other than attorneys’ fees, incurred in connection with: (i) the filing, printing and mailing of the Form S-4 Registration Statement and the Joint Proxy Statement/Prospectus and any amendments or supplements thereto; and (ii) the filing by the parties hereto of any notice or other document under any applicable antitrust or competition Legal Requirement.
Appears in 6 contracts
Samples: Agreement and Plan of Merger and Reorganization (Avanex Corp), Agreement and Plan of Merger and Reorganization (Bookham, Inc.), Agreement and Plan of Merger and Reorganization (Accelrys, Inc.)
Expenses; Termination Fees. (a) Except as set forth in this Section 8.37.3, all fees and expenses incurred in connection with this Agreement and the Contemplated Transactions shall be paid by the party Party incurring such expenses, whether or not the Merger is Mergers are consummated; provided, however, that Parent and the Company shall share equally all fees and expenses, other than attorneys’ fees, incurred in connection with: with (i) the filing, printing and mailing of the Form S-4 Registration Statement and the Joint Proxy Statement/Prospectus and any amendments or supplements thereto; and (ii) the filing fees required to be paid in connection with the filing by the parties Parties hereto of any notice or other document under any applicable antitrust or competition Legal RequirementAntitrust Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gulfmark Offshore Inc), Agreement and Plan of Merger (Tidewater Inc)
Expenses; Termination Fees. (a) Except as set forth in this Section 8.3, all fees and expenses incurred in connection with this Agreement and the Contemplated Transactions shall be paid by the party incurring such expenses, whether or not the Merger is consummated; provided, however, that Parent and the Company shall share equally all fees and expenses, other than attorneys’ fees, incurred in connection with: (i) the filing, printing and mailing of the Form S-4 Registration Statement and the Joint Proxy Statement/Prospectus and any amendments or supplements thereto; and (ii) the filing by the parties hereto of any notice or other document under any applicable antitrust or competition Legal Requirementforeign Antitrust Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Nuvelo Inc)
Expenses; Termination Fees. (a) Except as set forth in this Section 8.39.3, all fees and expenses incurred in connection with this Agreement and the Contemplated Transactions shall be paid by the party incurring such expenses, whether or not the Merger is Mergers are consummated; provided, however, that Parent TriQuint and the Company RFMD shall share equally all fees and expenses, other than attorneys’ fees, incurred in connection with: (i) the filing, printing and mailing of the Form S-4 Registration Statement and the Joint Proxy Statement/Prospectus and any amendments or supplements thereto; and (ii) the filing by the parties hereto of any notice or other document under any applicable antitrust or competition Legal RequirementAntitrust Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Triquint Semiconductor Inc)