Breakup Payments definition

Breakup Payments has the meaning set forth in Section 9.5(b).
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Breakup Payments means, collectively, the “Breakup Payments” as defined in the Private Placement Agreement and the “Breakup Payments” as defined in the Rights Offering Backstop Commitment Agreement.
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Examples of Breakup Payments in a sentence

  • Notwithstanding the foregoing, Break-up Payments that would otherwise be considered EBI under the preceding provisions shall be made if and to the extent the Payee, as a condition precedent, obtains an opinion of tax counsel or private ruling from the IRS that the receipt of such excess amounts would not adversely affect the Payee's ability to qualify as a REIT.

  • Notwithstanding the the provisions of Article III, if owed, the Breakup Payments shall be payable in lieu of the Private Placement Commitment Premium and the Private Placement Ticking Premium.

  • For the avoidance of doubt, if following entry by the Bankruptcy Court of the PPA and BCA Approval Order any of the Private Placement Agreement, the Plan Support Agreement, or this Agreement are terminated by the Debtors for any reason, the Debtors shall pay the Breakup Payments pursuant to Section 9.5(b).