Common use of Failure to Obtain Financing Clause in Contracts

Failure to Obtain Financing. In the event that the Offer is not --------------------------- consummated by the Cut-Off Date only because Parent was unable to satisfy the Financing Condition the Parent shall pay, or cause to be paid, to the Company, upon demand, an amount equal to $6,000,000 (the "Parent Termination Fee"); provided that if any of the Offer Conditions exist, (excluding the Financing Condition and condition (g) as it applies to the Parent), Parent shall have no obligation to pay the Parent Termination Fee.

Appears in 2 contracts

Sources: Merger Agreement (Kevco Inc), Merger Agreement (Shelter Components Corp)