Common use of Payment by Purchaser Clause in Contracts

Payment by Purchaser. Subject to Section 10.6, if this Agreement is terminated pursuant to Section 10.1(g) because the condition set out in Section 9.1(a) is not met (due to no failure of the Vendor), or because the Purchaser has failed to satisfy the condition set out in Section 9.3(a)(ii), 9.3(b), 9.3(d), 9.3(g), 9.3(k), 9.3(m) or, to the extent that the failure to satisfy the condition is not a result of a Material Adverse Change, 9.3(1), then the Purchaser shall pay to the Vendor a fee of $500,000 and the Vendor's Expenses incurred subsequent to September 16, 1997 (by wire transfer in immediately available funds) within 15 Business Days after delivery of the notice contemplated in Section 10.1.

Appears in 2 contracts

Sources: Merger Agreement (Coffee People Inc), Acquisition Agreement (Coffee People Inc)