Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 6 contracts
Sources: Merger Agreement (Innovid Corp.), Merger Agreement (PRGX Global, Inc.), Merger Agreement (Otelco Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee Fee, or the Parent Termination Fee, as applicable, 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 (Tessco Technologies Inc), Merger Agreement (Tufin Software Technologies Ltd.), Merger Agreement (Cloudera, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 (Kimball International Inc), Merger Agreement (Kimball International Inc), Merger Agreement (Cynergistek, Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicablerespectively, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 (Instructure Holdings, Inc.), Merger Agreement (Diversey Holdings, Ltd.), Merger Agreement (Del Frisco's Restaurant Group, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent be required to pay the Company Termination Fee or Parent be required to pay the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 4 contracts
Sources: Agreement and Plan of Merger (WK Kellogg Co), Merger Agreement (Powerschool Holdings, Inc.), Merger Agreement (Perficient Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 4 contracts
Sources: Merger Agreement (PetIQ, Inc.), Merger Agreement (Cornerstone OnDemand Inc), Merger Agreement (Instructure Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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: Merger Agreement (Infinera Corp), Merger Agreement (Nokia Corp), Business Combination Agreement (Cogint, Inc.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall (i) the Company or Parent be required to pay the Company Termination Fee on more than one occasion or (ii) Parent be required to pay, or to cause to be paid, the Parent Termination Fee, as applicable, Fee on more than one occasion, in each case whether or nor not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 (Valley Telephone Co., LLC), Merger Agreement (Knology Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 (Squarespace, Inc.), Merger Agreement (Squarespace, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent be required to pay the Company more than one Parent Termination Fee or the Parent Termination Fee, as applicable, on Company be required to pay more than one occasionCompany Termination Fee, whether or not the Company Parent Termination Fee or the Parent Company Termination Fee, as applicable, 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: Merger Agreement (Datto Holding Corp.), Merger Agreement (Datto Holding Corp.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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: Merger Agreement, Merger Agreement (STAMPS.COM Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent be required to pay the Company Termination Fee or on more than one occasion and in no event will Parent be required to pay the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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: Merger Agreement (Activision Blizzard, Inc.), Agreement and Plan of Merger
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent be required to pay the Company Termination Fee on more than one occasion or Parent be required to pay the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 (Zymergen Inc.), Merger Agreement (Ginkgo Bioworks Holdings, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee Fee, or the Parent Termination Fee, as applicable, 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: Merger Agreement (Electronics for Imaging Inc), Merger Agreement (Travelport Worldwide LTD)
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 the Company or Parent shall either party be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 (Icosavax, Inc.), Merger Agreement (Prometheus Biosciences, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will either the Company or Parent be required to pay the Company Termination Fee or Parent be required to pay the Parent Termination Fee, as applicablethe case may be, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicablethe case may be, 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 (Revance Therapeutics, Inc.), Merger Agreement (Revance Therapeutics, Inc.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall (i) the Company or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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, and (ii) Parent be required to pay the Parent Termination Fee or extend the Parent Loan to the Company on more than one (1) occasion.
Appears in 2 contracts
Sources: Merger Agreement (Receptos, Inc.), Merger Agreement (Celgene Corp /De/)
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 the Company or Parent shall either party be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 (Biogen Inc.), Merger Agreement (Reata Pharmaceuticals Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will (i) the Company or Parent be required to pay the Company Termination Fee on more than one occasion, or (ii) Parent be required to pay the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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: Merger Agreement (CVS HEALTH Corp), Merger Agreement (Oak Street Health, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will either the Company or the Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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: Merger Agreement (Natus Medical Inc), Merger Agreement (Blue Nile Inc)
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 or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, applicable may be payable pursuant to under more than one (1) 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 (Globus Medical Inc), Merger Agreement (Nevro Corp)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion and in no event shall Parent be required to pay the Parent Termination Fee on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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
Sources: Merger Agreement (Kaleyra, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will (i) the Company or Parent Parent, as applicable, be required to pay the Company Termination Fee or the Applicable Parent Termination Fee, as applicable, on more than one occasion, or (ii) Parent be required to pay the Parent Termination Fee and the Parent Regulatory Termination Fee, in each case, whether or not the Company Termination Fee or the Applicable Parent Termination Fee, as applicable, 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
Sources: Merger Agreement (PlayAGS, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, or the Regulatory Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee, the Parent Termination Fee or the Parent Regulatory Termination Fee, as applicable, 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 acknowledge and agree that in no event will the Company or Parent Termination Fee be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, be paid on more than one occasion, whether or not the Company Parent Termination Fee or the Parent Termination Fee, as applicable, 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 pay the Termination Fee, or Parent be required to pay the Company Termination Fee or the Parent Reverse Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 parties hereto acknowledge and hereby agree that in no event will shall the Company or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 (Vector Group LTD)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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
Sources: Merger Agreement (New Relic, Inc.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall Parent, on the Company one hand, or Parent the Company, on the other hand, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 (infoGROUP Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or Parent be required to pay the Company Termination Fee or Parent be required to pay the Parent Regulatory Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Regulatory Termination Fee, as applicable, 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 acknowledge and agree that in no event will the Company or Parent be required to pay pay, as applicable, the Company Termination Fee or the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the such Company Termination Fee or the Parent Termination Fee, as applicable, 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 or Parent be required to pay the Company Termination Fee or the Parent be required to pay the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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
Sources: Merger Agreement
Single Payment Only. The Parties acknowledge and agree that in no event will (x) the Company or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, 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 and (y) Parent be required to pay the Parent Termination FeeFee on more than one occasion, as applicable, whether or not the Parent 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
Sources: Merger Agreement (Mobileiron, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will (i) the Company or Parent Company, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, or (ii) Parent be required to pay the Parent Termination Fee on more than one occasion, in each case of the foregoing, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 (i) the Company or Parent be required to pay the Company Termination Fee on more than one occasion or (ii) the Parent Parties be required to pay, or to cause to be paid, the Parent Termination Fee, as applicable, Fee on more than one occasion, in each case whether or nor not the Company Termination Fee or the Parent Termination Fee, as applicable, 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 or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to under more than one (1) 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 (Cerevel Therapeutics Holdings, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will Parent or the Company or Parent be required to pay the Company Parent Termination Fee or the Parent Company Termination Fee, as applicable, on more than one occasion, whether or not the Company Parent Termination Fee or the Parent Company Termination Fee, as applicable, 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 acknowledge and agree that in no event will the Company or Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, 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
Sources: Agreement and Plan of Merger (E2open Parent Holdings, Inc.)