Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two (2) business days after demand by Parent, an amount equal to $5,000,000 (the "COMPANY TERMINATION FEE") if this Agreement is terminated by Parent pursuant to Section 7.1(h).
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (HMT Technology Corp), Agreement and Plan of Reorganization (Komag Inc /De/), Agreement and Plan of Reorganization (HMT Technology Corp)
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parentnotice of termination is delivered, an amount equal to $5,000,000 35 million (the "COMPANY TERMINATION FEECompany Termination Fee") if this Agreement is terminated by Parent pursuant to Section 7.1(h).8.1(g) hereof. --------------
Appears in 2 contracts
Samples: Amended and Restated Agreement and Plan of Merger and Reorganization (Quantum Corp /De/), Agreement and Plan of Merger and Reorganization (Quantum Corp /De/)
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to (U.S.) $5,000,000 4,400,000 (the "COMPANY TERMINATION FEE") if this Agreement is terminated by Parent pursuant to Section 7.1(h8.1(d) or (g) or (h).
Appears in 2 contracts
Samples: Voting Agreement (Peregrine Systems Inc), Acquisition Agreement (Peregrine Systems Inc)
Company Payments. (i) the The Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 3,000,000 (the "COMPANY TERMINATION FEE"“Termination Fee”) if this Agreement is terminated by Parent pursuant to Section 7.1(h7.1(i).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sybase Inc), Agreement and Plan of Merger (Sybase Inc)
Company Payments. (i) the The Company shall pay to Parent in immediately available funds, within two one (21) business days after demand by Parentday thereafter, an amount equal to $5,000,000 12,000,000 (the "COMPANY TERMINATION FEE"“Termination Fee”) if this Agreement is terminated by Parent pursuant to Section 7.1(h7.1(j).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (3com Corp), Agreement and Plan of Merger (Tippingpoint Technologies Inc)
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 25,500,000.00 (the "COMPANY TERMINATION FEE") if this Agreement is terminated by Parent pursuant to Section 7.1(h7.1(g) or (h).
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Informix Corp), Agreement and Plan of Reorganization (Informix Corp)
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two three (23) business days after demand by Parent, an amount equal to $5,000,000 9,000,000 (the "COMPANY TERMINATION FEETermination Fee") if this Agreement is terminated by Parent pursuant to Section 7.1(h7.01(g).
Appears in 2 contracts
Samples: Agreement and Plan (Telcom Semiconductor Inc), Agreement and Plan of Reorganization (Microchip Technology Inc)
Company Payments. (i) the Company shall pay to Parent in immediately available funds, funds an amount equal to $16,200,000 (the "TERMINATION FEE"): (i) within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 (the "COMPANY TERMINATION FEE") if this Agreement is terminated by Parent pursuant to Section 7.1(h7.1(i); and (ii) prior to and as a condition to any termination of this Agreement by Company pursuant to Section 7.1(j).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Veritas Software Corp /De/), Agreement and Plan of Merger (Precise Software Solutions LTD)
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two (2) business days after demand by Parent, funds an amount in cash equal to $5,000,000 15,000,000 (the "COMPANY TERMINATION FEE") (A) within one (1) business day after demand by Parent if this Agreement is terminated by Parent pursuant to Section 7.1(h7.01(c) and (B) prior to any termination of this Agreement by Company pursuant to Section 7.01(d).
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (New Era of Networks Inc), Agreement and Plan of Reorganization (Sybase Inc)
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by ParentParent (or prior to, and a condition to the effectiveness of, termination of this Agreement pursuant to Section 7.1(h)), an amount equal to $5,000,000 120,000,000 (the "COMPANY TERMINATION FEETermination Fee") if this Agreement is terminated by Parent pursuant to Section 7.1(g) or by Company pursuant to Section 7.1(h).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Infospace Inc)
Company Payments. (i) the The Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 3,000,000 (the "COMPANY TERMINATION FEETermination Fee") if this Agreement is terminated by Parent pursuant to Section 7.1(h7.1(i).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Extended Systems Inc)
Company Payments. (i) the The Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 21,000,000 (the "COMPANY TERMINATION FEE") if this Agreement is terminated by Parent pursuant to Section 7.1(h).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Forte Software Inc \De\)
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by ParentParent (or prior to, and a condition to the effectiveness of, termination of this Agreement pursuant to Section 7.1(h)), an amount equal to $5,000,000 120,000,000 (the "COMPANY TERMINATION FEE") if this Agreement is terminated by Parent pursuant to Section 7.1(g) or by Company pursuant to Section 7.1(h).
Appears in 1 contract
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two (2) business days after demand by Parent, an amount equal to seven million three hundred thousand dollars ($5,000,000 7,300,000) (the "COMPANY TERMINATION FEETermination Fee") if this Agreement is terminated by Parent pursuant to Section 7.1(h7.1(g).
Appears in 1 contract
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 1,000,000 (the "COMPANY TERMINATION FEE") plus up to $500,000 for all documented Transaction Expenses incurred by Parent prior to such termination (the "EXPENSE REIMBURSEMENT"), if this Agreement is terminated by Parent pursuant to Section 7.1(h8.1(f) or 8.1(g).
Appears in 1 contract
Samples: Combination Agreement (Divine Inc)
Company Payments. (i) the The Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 1,140,000.00 (the "COMPANY TERMINATION FEETermination Fee") if this Agreement is terminated by Parent pursuant to Section 7.1(h)7.1(i) hereof.
Appears in 1 contract
Company Payments. (i) the The Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 4,825,000 (the "COMPANY TERMINATION FEE") if this Agreement is terminated by Parent pursuant to Section SECTION 7.1(g) or SECTION 7.1(h)) hereof.
Appears in 1 contract
Company Payments. (i) the The Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 4,825,000 (the "COMPANY TERMINATION FEE") if this Agreement is terminated by Parent pursuant to Section 7.1(g) or Section 7.1(h)) hereof.
Appears in 1 contract
Samples: Agreement and Plan (Solectron Corp)
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parentnotice of termination is delivered, an amount equal to $5,000,000 35 million (the "COMPANY TERMINATION FEECompany Termination Fee") if this Agreement is terminated by Parent pursuant to Section 7.1(h)8.1(g) hereof.
Appears in 1 contract
Company Payments. (i) the The Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 600,000 (the "COMPANY TERMINATION FEETermination Fee") if this Agreement is terminated by Parent pursuant to Section 7.1(h)7.1(i) hereof.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Predictive Systems Inc)
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parentnotice of termination is delivered, an amount equal to $5,000,000 35 million (the "COMPANY TERMINATION FEE") if this Agreement is terminated by Parent pursuant to Section 7.1(h)8.1(g) hereof.
Appears in 1 contract
Company Payments. (i) the Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 11,484,800 (the "COMPANY TERMINATION FEETermination Fee") if this Agreement is terminated by Parent pursuant to Section 7.1(h7.1(g).
Appears in 1 contract
Company Payments. (i) the The Company shall pay to Parent in immediately available funds, within two one (21) business days day after demand by Parent, an amount equal to $5,000,000 1,140,000.00 (the "COMPANY TERMINATION FEE") if this Agreement is terminated by Parent pursuant to Section 7.1(h)7.1(i) hereof.
Appears in 1 contract
