Common use of Fees and Expenses Following Termination Clause in Contracts

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Luminex Corp), Agreement and Plan of Merger (Charming Shoppes Inc), Agreement and Plan of Merger (Ascena Retail Group, Inc.)

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Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a)7.03(a) and the binding letter of intent, then the Company shall pay to Parent (by wire transfer of immediately available funds), within two Five (2“5”) Business Days after such termination, a fee in an amount equal to the Termination Fee, plus, Parent's Expenses actually incurred by Parent on or prior to the termination of this Agreement.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Nitro Petroleum Inc.), Agreement and Plan of Merger (Core Resource Management, Inc.), Agreement and Plan of Merger (Nitro Petroleum Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a9.03(a), then the Company shall Target will pay to Parent (by wire transfer of immediately available funds), within two five (25) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Veramark Technologies Inc), Agreement and Plan of Merger (Clearlake Capital Partners Ii Lp), Agreement and Plan of Merger (Veramark Technologies Inc)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two three (23) Business Days after such termination, a fee in an amount equal to (i) all of Parent’s Expenses incurred by or on behalf of Parent through the effective time of termination hereunder up to the Parent’s Expenses Cap and (ii) the Termination Fee.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bishop Infrastructure III Acquisition Company, Inc.), Agreement and Plan of Merger (Westway Group, Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to and in compliance with Section 8.03(a)8.03, then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (MGC Parent LLC), Agreement and Plan of Merger (MGC DIAGNOSTICS Corp)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a) (or the Company terminates this Agreement at a time when it is terminable by Parent pursuant to such provisions), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two five (25) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Apex Global Brands Inc.), Agreement and Plan of Merger (Apex Global Brands Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a7.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ebix Inc), Agreement and Plan of Merger (Adam Inc)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a7.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee, plus Parent’s Expenses actually incurred by Parent on or prior to the termination of this Agreement not to exceed $100,000.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Access to Money, Inc.), Agreement and Plan of Merger (Cardtronics Inc)

Fees and Expenses Following Termination. (a) ). If this Agreement is terminated by Parent pursuant to Section 8.03(a7.03(a), or by the Company pursuant to Section 7.04(b) or Section 7.04(c), then the Company Parent shall pay to Parent the Company (by wire transfer of immediately available funds), within two (2) Business Days after at or prior to such termination, a fee in an amount equal $500,000.00 (the “Parent Termination Fee”) plus the Company’s Expenses actually incurred by the Company on or prior to the Termination Feetermination of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (American Resources Corp), Agreement and Plan of Merger (American Resources Corp)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a8.3(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days business days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (BioNTech SE), Agreement and Plan of Merger (Neon Therapeutics, Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a7.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two five (25) Business Days after such termination, a fee in an amount equal to the Company Termination Fee.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ocean Bio Chem Inc), Agreement and Plan of Merger (OneWater Marine Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a10.1(c), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Emergent Group Inc/Ny), Agreement and Plan of Merger (Universal Hospital Services Inc)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a8.3(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Amtech Systems Inc), Agreement and Plan of Merger (Btu International Inc)

Fees and Expenses Following Termination. (aj) If this Agreement is terminated by Parent pursuant to Section 8.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Nanosphere Inc), Agreement and Plan of Merger (Nanosphere Inc)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a9.3(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Diodes Inc /Del/), Agreement and Plan of Merger (Pericom Semiconductor Corp)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two three (23) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tasty Baking Co)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a), then the Company shall pay to Parent (by wire transfer of immediately available fundsfunds to an account designated by Parent), within two five (25) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Pfsweb Inc)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a7.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee, plus, Parent’s Expenses actually incurred by Parent on or prior to the termination of this Agreement; provided, that the Company shall not be required to pay any of Parent's Expenses exceeding $250,000.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Valpey Fisher Corp)

Fees and Expenses Following Termination. (a) If If, (i) this Agreement is terminated by Parent pursuant to Section 8.03(a8.02(c), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Company Termination Fee, (ii) this Agreement is terminated by the Company pursuant to Section 8.02(d), then Parent shall pay to the Company (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to Parent Termination Fee, and (iii) this Agreement is terminated by Parent pursuant to Section 8.03(d), then Parent pay to the Company (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to $350,000.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Real Goods Solar, Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a7.04(a), then the Company Parent shall pay to Parent the Company (by wire transfer of immediately available funds), within two (2) Business Days after at or prior to such termination, the Termination Fee. If this Agreement is terminated by Parent pursuant to Section 7.02(b) (because a fee in Governmental Entity prevents the commencement and completion of the Offer), then Parent shall pay to the Company (by wire transfer of immediately available funds), at or prior to such termination, an amount equal to 50% of the Termination Fee.

Appears in 1 contract

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

Fees and Expenses Following Termination. (a) If this Agreement is terminated by by: (i) Parent pursuant to Section 8.03(a7.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to $500,000 (the “Company Termination Fee.”) on or prior to the termination of this Agreement; and (ii) the Company pursuant to Section 7.04(b), then Parent shall pay to the Company (by wire transfer of immediately available funds), at or prior to such termination, the sum of $500,000 (the “Parent Termination Fee”) on or prior to the termination of this Agreement;

Appears in 1 contract

Samples: Agreement and Plan of Merger (High Tide Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a7.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee, plus, Parent's Expenses actually incurred by Parent on or prior to the termination of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gateway Energy Corp/Ne)

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Fees and Expenses Following Termination. (a) If If, (i) this Agreement is terminated by Parent pursuant to Section 8.03(a8.03(c), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Company Termination Fee, (ii) this Agreement is terminated by the Company pursuant to Section 8.02(d), then Parent shall pay to the Company (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to Parent Termination Fee, and (iii) this Agreement is terminated by Parent pursuant to Section 8.03(d), then Parent pay to the Company (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to $350,000.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Real Goods Solar, Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a8.3(b), then the Company shall pay to Parent the Termination Fee and shall reimburse Parent the amount of the Termination Fee (as defined in the REGENXBIO Merger Agreement) previously paid by Parent to or on behalf of the Company in connection with the termination of the REGENXBIO Merger Agreement and the entry into this Agreement (the “REGENXBIO Reimbursement Fee”) (by wire transfer of immediately available funds), in each case within two (2) Business Days business days after such termination, a fee in an amount equal to the Termination Fee.; or

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ultragenyx Pharmaceutical Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a8.3(b), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days business days after such termination, a fee in an amount equal to the Termination Fee.; or

Appears in 1 contract

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

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a) or by the Company pursuant to Section 8.04(a), then the Company shall pay to Parent a fee in an amount equal to the Termination Fee (by wire transfer of immediately available funds), within two on the third (23rd) Business Days after Day following the date of such termination of this Agreement, in the event of termination by Parent pursuant to Section 8.03(a), or prior to or concurrently with such termination, in the event of a fee in an amount equal termination by the Company pursuant to the Termination FeeSection 8.04(a).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tradestation Group Inc)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a7.03(a)(i) or Section 7.03(a)(ii), then the Company shall pay to Parent (by wire transfer of immediately available same day funds), as promptly as possible (but in any event within two three (23) Business Days Days) after such termination, a fee in an amount equal to the Termination Fee.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Edgen Group Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by by: (i) Parent pursuant to Section 8.03(a7.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Company Termination Fee.; 84

Appears in 1 contract

Samples: Merger Agreement (Chicken Soup for the Soul Entertainment, Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a8.3(a) or Section 8.3(c), then the Company Loop shall pay to Parent (by wire transfer of immediately available funds), within two (2) ten Business Days after such termination, a fee in an amount equal to the Loop Termination Fee, plus, Parent's Transaction Expenses actually incurred by Parent on or prior to the termination of this Agreement.

Appears in 1 contract

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

Fees and Expenses Following Termination. (ai) If this Agreement is terminated by Parent pursuant to Section 8.03(a7.03(a) or by the Company pursuant to Section 7.04(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Realnetworks Inc)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a8.3(b), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Company Termination Fee.

Appears in 1 contract

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

Fees and Expenses Following Termination. (a) If this Agreement is terminated by by: (i) Parent pursuant to Section 8.03(a7.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Company Termination Fee.;

Appears in 1 contract

Samples: Merger Agreement (Redbox Entertainment Inc.)

Fees and Expenses Following Termination. (a) If In the event that this Agreement is terminated by the Company pursuant to Section 8.3(a) or by Parent pursuant to Section 8.03(a8.4(a) or Section 8.4(b), then the Company shall pay to Parent (the Termination Fee payable by wire transfer of immediately available same day funds), within two (2) Business Days after such termination, a fee in an amount equal at or prior to the Termination Feetime of termination in the case of a termination pursuant to Section 8.3(a) or as promptly as practicable (but in any event within three business days) following termination of this Agreement pursuant to Section 8.4(a) or Section 8.4(b).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bristol West Holdings Inc)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee.

Appears in 1 contract

Samples: Tender and Voting Agreement (Computer Software Innovations, Inc.)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee, plus Parent’s Expenses in an amount not to exceed $1,000,000 and that are actually incurred by Parent on or prior to the termination of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lca Vision Inc)

Fees and Expenses Following Termination. (a) If this Agreement is terminated by Parent pursuant to Section 8.03(a7.03(a), then the Company shall pay to Parent (by wire transfer of immediately available funds), within two (2) Business Days after such termination, a fee in an amount equal to the Termination Fee, plus, Parent’s Expenses actually incurred by Parent on or prior to the termination of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Uqm Technologies Inc)

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