Additional Consideration. If the Merger is consummated, the Stockholder will not receive, whether under this Agreement or otherwise, any consideration additional to the Merger Consideration in respect of the acquisition of any Common Shares held or controlled by it or its Affiliates. If the Merger is not consummated, neither the Stockholder nor any of its Affiliates will receive a break-fee or similar payment, whether under this Agreement or otherwise.
Appears in 8 contracts
Samples: Merger Agreement (Apex Global Brands Inc.), Merger Agreement (Apex Global Brands Inc.), Voting Agreement (Galaxy Universal LLC)
Additional Consideration. If the Merger is consummated, the Stockholder will not receive, whether under this Agreement or otherwise, any consideration additional to or in lieu of the Merger Consideration in respect of the acquisition of any Common Shares held or controlled by it or its Affiliates. If the Merger is not consummated, neither the Stockholder nor any of its Affiliates will receive a break-fee or similar payment, whether under this Agreement or otherwise.
Appears in 6 contracts
Samples: Voting Agreement (Jare Investment LLC), Voting Agreement (Kurtz Richard), Voting Agreement (Lapolla Industries Inc)
Additional Consideration. If the Merger is consummated, the Stockholder will not receive, whether under this Agreement or otherwise, any consideration additional to or in lieu of (i) the Preferred Stock Merger Consideration in respect of the acquisition of the Preferred Shares held or controlled by it or its Affiliates and (ii) the Common Stock Merger Consideration in respect of the acquisition of any Common Shares held or controlled by it or its Affiliates. If the Merger is not consummated, neither the Stockholder nor any of its Affiliates will receive a break-fee or similar payment, whether under this Agreement or otherwise.
Appears in 1 contract
Samples: Merger Agreement (Diligent Corp)
Additional Consideration. If the Merger is consummated, the neither Stockholder will not receive, whether under this Agreement or otherwise, any consideration additional to or in lieu of (i) the Preferred Stock Merger Consideration in respect of the acquisition of the Preferred Shares held or controlled by it or its Affiliates and (ii) the Common Stock Merger Consideration in respect of the acquisition of any Common Shares held or controlled by it or its Affiliates. If the Merger is not consummated, neither the Stockholder Stockholders nor any of its their respective Affiliates will receive a break-fee or similar payment, whether under this Agreement or otherwise.
Appears in 1 contract
Samples: Merger Agreement (Diligent Corp)
