Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Termination Fee on more than one occasion, whether or not the Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 19 contracts
Samples: Agreement and Plan of Merger (Biospecifics Technologies Corp), Agreement and Plan of Merger (Endo International PLC), Agreement and Plan of Merger
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Termination Fee on more than one (1) occasion, whether or not the Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 18 contracts
Samples: Agreement and Plan of Merger (Shockwave Medical, Inc.), Agreement and Plan of Merger (Ambrx Biopharma, Inc.), Agreement and Plan of Merger (Ambrx Biopharma, Inc.)
Single Payment Only. The parties hereto Parties acknowledge and hereby agree that in no event shall will the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable under pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Rover Group, Inc.), Agreement and Plan of Merger (Darden Restaurants Inc), Agreement and Plan of Merger (Paya Holdings Inc.)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or nor not the Company Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Actividentity Corp), Agreement and Plan of Merger (Entrust Inc), Agreement and Plan of Merger (Agilent Technologies Inc)
Single Payment Only. The parties hereto Parties acknowledge and hereby agree that in no event shall will the Company be required to pay more than one termination fee, collectively, or be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable under pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Carrols Restaurant Group, Inc.), Agreement and Plan of Merger (Restaurant Brands International Limited Partnership), Agreement and Plan of Merger (EngageSmart, Inc.)
Single Payment Only. The parties hereto Parties acknowledge and hereby agree that in no event shall will the Company be required to pay the Termination Fee on more than one occasion, whether or not the Termination Fee may be payable under pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Castlight Health, Inc.), Agreement and Plan of Merger (Nuance Communications, Inc.), Agreement and Plan of Merger (Lifelock, Inc.)
Single Payment Only. The parties hereto Parties acknowledge and hereby agree that in no event shall will the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable under pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different eventsevents (it being understood that the foregoing shall not be deemed to limit any Party’s liability or right to recovery in the case of fraud or Willful Breach by the other Party or Parties).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Termination Fee on more than one occasion, whether or not the Termination Fee such termination fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Mattersight Corp), Agreement and Plan of Merger (Jive Software, Inc.), Agreement and Plan of Merger (Cypress Semiconductor Corp /De/)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Hewlett Packard Co), Preferred Stock Purchase Agreement and Agreement and Plan of Merger (Palm Inc), Agreement and Plan of Merger (3com Corp)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Company Termination Fee on more than one (1) occasion, whether or not the Company Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Raptor Pharmaceutical Corp), Agreement and Plan of Merger (Horizon Pharma PLC)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Termination Fee on more than one (1) occasion, whether or not the Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Intermolecular Inc), Agreement and Plan of Merger (Relypsa Inc)
Single Payment Only. The parties hereto Parties acknowledge and hereby agree that in no event shall the Company be required to pay the Termination Fee on more than one occasion, whether or not the Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Easylink Services International Corp), Agreement and Plan of Merger (Open Text Corp)
Single Payment Only. The parties hereto Parties acknowledge and hereby agree that in no event shall the Company be required to pay the Termination Fee on more than one (1) occasion, whether or not the Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Elanco Animal Health Inc), Agreement and Plan of Merger (Aratana Therapeutics, Inc.)
Single Payment Only. The parties hereto Parties acknowledge and hereby agree that in no event shall will the Company Parties be required to pay more than one Termination Fee, collectively, or be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable under pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pluralsight, Inc.), Agreement and Plan of Merger (Pluralsight, Inc.)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the such Company Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 1 contract
Single Payment Only. The parties hereto Parties acknowledge and hereby agree that in no event shall will the Company be required to pay the Company Termination Fee and the Expense Amount on more than one occasion, whether or not the Company Termination Fee and the Expense Amount may be payable under pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ping Identity Holding Corp.)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or nor not the Company Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events. The Fund Manager shall have the right to assign the right to receive the Company Termination fee to one or more Persons in its sole discretion.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sumtotal Systems Inc)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Termination Fee nor shall Parent be required to pay the Reverse Termination Table of Contents Fee, on more than one occasion, whether or not the Termination Fee such termination fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 1 contract
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall will the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable under pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (LiveVox Holdings, Inc.)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to (i) pay the Termination Fee on more than one occasion, whether or not the Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different eventsevents or (ii) pay the Termination Fee if the Go-Shop Termination Fee has already been paid.
Appears in 1 contract
Single Payment Only. The parties Parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Termination Fee on more than one (1) occasion, whether or not the Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and by reason of the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Calamos Asset Management, Inc. /DE/)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Termination Fee Fee, or Investor be required to pay the Reverse Termination Fee, on more than one occasion, whether or not the Termination Fee such termination fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Omnivision Technologies Inc)
Single Payment Only. The parties hereto Parties acknowledge and hereby agree that in no event shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Medidata Solutions, Inc.)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to pay the Termination Fee Fee, or Parent be required to pay the Reverse Termination Fee, as applicable, on more than one occasion, whether or not the Termination Fee such termination fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cypress Semiconductor Corp /De/)
Single Payment Only. The parties hereto acknowledge and hereby agree that in no event shall the Company be required to (i) pay the Termination Fee on more than one occasion, whether or not the Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different eventsevents or (ii) pay the Termination Fee if the Go-Shop Termination Fee has become payable.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Graftech International LTD)
