Single Payment Only. The Parties acknowledge and agree that in no event will the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 21 contracts
Sources: Merger Agreement (Potbelly Corp), Merger Agreement (Y-mAbs Therapeutics, Inc.), Merger Agreement (Augusta Gold Corp.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 20 contracts
Sources: Merger Agreement (Endo, Inc.), Merger Agreement (Biospecifics Technologies Corp), Merger Agreement (Endo International PLC)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one (1) occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 18 contracts
Sources: Merger Agreement (Shockwave Medical, Inc.), Merger Agreement (Ambrx Biopharma, Inc.), Merger Agreement (Ambrx Biopharma, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company be required to pay more than one termination fee, collectively, or be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 5 contracts
Sources: Merger Agreement (Restaurant Brands International Limited Partnership), Merger Agreement (Carrols Restaurant Group, Inc.), Merger Agreement (EngageSmart, Inc.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or nor not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 5 contracts
Sources: Merger Agreement (Actividentity Corp), Merger Agreement (Open Text Corp), Merger Agreement (Varian Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 5 contracts
Sources: Merger Agreement (Castlight Health, Inc.), Merger Agreement (Nuance Communications, Inc.), Merger Agreement (Lifelock, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different eventsevents (it being understood that the foregoing shall not be deemed to limit any Party’s liability or right to recovery in the case of fraud or Willful Breach by the other Party or Parties).
Appears in 4 contracts
Sources: Merger Agreement (Enova International, Inc.), Merger Agreement (Enova International, Inc.), Merger Agreement (Enova International, Inc.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 3 contracts
Sources: Preferred Stock Purchase Agreement and Agreement and Plan of Merger (Palm Inc), Merger Agreement (3com Corp), Merger Agreement (Hewlett Packard Co)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee such termination fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 3 contracts
Sources: Agreement and Plan of Merger (Mattersight Corp), Merger Agreement (Jive Software, Inc.), Merger Agreement (Cypress Semiconductor Corp /De/)
Single Payment Only. The Parties parties hereto acknowledge and agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one (1) occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 3 contracts
Sources: Merger Agreement, Merger Agreement (Horizon Pharma PLC), Merger Agreement (Raptor Pharmaceutical Corp)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one (1) occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Sources: Merger Agreement (Intra-Cellular Therapies, Inc.), Merger Agreement (Intra-Cellular Therapies, Inc.)
Single Payment Only. The Parties parties hereto acknowledge and agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one (1) occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Sources: Merger Agreement (Intermolecular Inc), Merger Agreement (Relypsa Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company Parties be required to pay more than one Termination Fee, collectively, or be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Pluralsight, Inc.), Merger Agreement (Pluralsight, Inc.)
Single Payment Only. The Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee Payment on more than one (1) occasion, whether or not the Company Termination Fee Payment may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Sources: Transaction Agreement (Verona Pharma PLC), Transaction Agreement (Verona Pharma PLC)
Single Payment Only. The Parties acknowledge and agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Sources: Merger Agreement (Easylink Services International Corp), Merger Agreement (Open Text Corp)
Single Payment Only. The Parties acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one (1) occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Sources: Merger Agreement (Elanco Animal Health Inc), Merger Agreement (Aratana Therapeutics, Inc.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or nor not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events. The Fund Manager shall have the right to assign the right to receive the Company Termination fee to one or more Persons in its sole discretion.
Appears in 1 contract
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the such Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Sources: Merger Agreement (InvenSense Inc)
Single Payment Only. The Parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one (1) occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon by reason of the occurrence of different events.
Appears in 1 contract
Sources: Merger Agreement (Calamos Asset Management, Inc. /DE/)
Single Payment Only. The Parties acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company be required to (i) pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different eventsevents or (ii) pay the Termination Fee if the Go-Shop Termination Fee has become payable.
Appears in 1 contract
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee Fee, or Investor be required to pay the Reverse Termination Fee, on more than one occasion, whether or not the Company Termination Fee such termination fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties Notwithstanding anything in this Agreement to the contrary, the parties hereto acknowledge and hereby agree that in no event will shall the Company be required to pay the Company Termination Fee on more than one (1) occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties acknowledge and agree that in no event will the Company be required to pay the Company Termination Fee and the Expense Amount on more than one occasion, whether or not the Company Termination Fee and the Expense Amount may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties parties to this Agreement acknowledge and agree that in no event will the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Sources: Merger Agreement (Durect Corp)
Single Payment Only. The Parties acknowledge and agree that (i) in no event will the Company be required to pay more than one termination fee, collectively, or be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different eventsevents and (ii) the amount of any expense reimbursement or termination payments paid or payable by or on behalf of the Company to any Equity Investor shall be credited against the amount of any Company Termination Fee payable by the Company.
Appears in 1 contract
Single Payment Only. The Parties parties acknowledge and agree that in no event will the Company be required to pay the Company Termination Fee on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract