Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company must, concurrently with such termination, pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the account designated in Schedule 8.3(b) (which Schedule may be updated by Parent from time to time).
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Transphorm, Inc.), Agreement and Plan of Merger (Sumo Logic, Inc.), Agreement and Plan of Merger (KnowBe4, Inc.)
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h8.1(i), then the Company must, concurrently simultaneously with such termination, pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the account designated in Schedule 8.3(b) (), which Schedule may be updated by written notice by Parent from time to time).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (True Wind Capital, L.P.), Agreement and Plan of Merger (Zix Corp), Agreement and Plan of Merger (Open Text Corp)
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company mustshall, concurrently with such termination, pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the an account designated in Schedule 8.3(b) (which Schedule may be updated by Parent from time to time)Parent.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Fuller Max L), Agreement and Plan of Merger (Us Xpress Enterprises Inc), Agreement and Plan of Merger (Knight-Swift Transportation Holdings Inc.)
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company must, must concurrently with such termination, termination pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the an account or accounts designated in Schedule 8.3(b) (which Schedule may be updated writing by Parent from time to time)Parent.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Globalscape Inc), Agreement and Plan of Merger (Echelon Corp), Agreement and Plan of Merger (Rackspace Hosting, Inc.)
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company must, prior to or concurrently with such termination, pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the account designated in Schedule 8.3(b) (which Schedule may be updated by Parent from time to time).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Momentive Global Inc.)
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company must, prior to or concurrently with such termination, pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the account designated in Schedule 8.3(bby Parent within five (5) Business Days of the date of this Agreement (which Schedule account may be updated by Parent written notice to the Company from time to time).
Appears in 1 contract
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company mustshall, concurrently with such termination, pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the account designated in Schedule 8.3(b) (which Schedule may be updated by Parent from time to time).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Embark Technology, Inc.)
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company must, will concurrently with such termination, termination pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the an account or accounts designated in Schedule 8.3(b) (which Schedule may be updated writing by Parent from time to time)Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Activision Blizzard, Inc.)
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company must, will concurrently with such termination, termination pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the an account or accounts designated in Schedule 8.3(b) (which Schedule may be updated writing by Parent from time to time)Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Nuance Communications, Inc.)
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h8.1(g), then the Company mustshall, concurrently with (and as a condition to) such termination, pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the account designated in Schedule 8.3(b) (which Schedule by Parent prior to the execution of this Agreement, as may be updated by Parent from time by written notice to time)the Company no more than one (1) Business Day before a payment to Parent is due hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Thorne Healthtech, Inc.)
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company must, concurrently with such termination, pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the account or accounts designated in Schedule 8.3(b) (which Schedule may be updated by Parent from time to time)Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sierra Oncology, Inc.)
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h9.1(h), then the Company must, must concurrently with such termination, termination pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the an account or accounts designated in Schedule 8.3(bwriting by Parent; provided, that if such termination occurs prior to the expiration of the Transaction Solicitation Period, then “Termination Fee” in this Section 9.3(b)(iii) (which Schedule may be updated by Parent from time shall mean an amount equal to time)$2,800,000.
Appears in 1 contract
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company must, concurrently with such termination, pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the account designated in Schedule 8.3(b) (which Schedule may be updated provided by Parent from time prior to time)the payment thereof.
Appears in 1 contract
Superior Proposal. If this Agreement is validly terminated pursuant to Section 8.1(h), then the Company must, must concurrently with such termination, termination pay or cause to be paid to Parent or its designee the Company Termination Fee by wire transfer of immediately available funds to the an account or accounts designated in Schedule 8.3(b) (which Schedule may be updated writing by Parent from time to time)Parent.
Appears in 1 contract
