Common use of Brokers; Certain Fees Clause in Contracts

Brokers; Certain Fees. No broker, finder, or investment banker is entitled to any brokerage, finder, or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or its Subsidiaries, other than the Financial Advisors, the fees and expenses of which will be paid by the Company. On or prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisors.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (TESARO, Inc.), Agreement and Plan of Merger (TESARO, Inc.)

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Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or its Subsidiaries, other than the Financial Advisors, the fees and expenses of which will be paid by the Company. On or prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial AdvisorsAdvisor.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Wyndham Hotels & Resorts, Inc.), Agreement and Plan of Merger (La Quinta Holdings Inc.), Agreement and Plan of Merger (Wyndham Worldwide Corp)

Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or any of its Subsidiaries, other than except as provided in the letter agreement between the Company and the Financial AdvisorsAdvisor dated April 8, the fees 2008, a complete and expenses correct copy of which will be paid by the Company. On or was delivered to Parent prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisorsthis Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Sirtris Pharmaceuticals, Inc.), Agreement and Plan of Merger (Glaxosmithkline PLC)

Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or its Subsidiaries, other than the Financial Advisors, the fees and expenses of which will be paid by the Company. On or prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisors.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Genzyme Corp), Agreement and Plan of Merger (Sanofi-Aventis)

Brokers; Certain Fees. No broker, finder, finder or investment banker (other than the Financial Advisor) is entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company, except as provided in the letter agreement between the Company or its Subsidiaries, other than and the Financial AdvisorsAdvisor dated June 19, the fees 2006, a complete and expenses correct copy of which will be paid by the Company. On or has been delivered to Parent prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisorsthis Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Praecis Pharmaceuticals Inc), Agreement and Plan of Merger (Glaxosmithkline PLC)

Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or any of its Subsidiaries, other than except as provided in the letter agreement between the Company and the Financial AdvisorsAdvisor dated April 23, the fees 2008, a complete and expenses correct copy of which will be paid by the Company. On or was made available to Parent prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisorsthis Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (LS Cable Ltd.), Agreement and Plan of Merger (Superior Essex Inc)

Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or its the Retained Subsidiaries, other than the Financial Advisors, the fees and expenses of which will be paid by the Company. On or prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial AdvisorsAdvisor.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Symmetry Surgical Inc.), Agreement and Plan of Merger (Symmetry Medical Inc.)

Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or any of its Subsidiaries, other than except as provided in the letter agreement between the Company and the Financial AdvisorsAdvisor dated May 1, the fees 2008, a complete and expenses correct copy of which will be paid by the Company. On or was delivered to Parent prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisorsthis Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Genelabs Technologies Inc /Ca), Agreement and Plan of Merger (Glaxosmithkline PLC)

Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or any of its Subsidiaries, other than except as provided in the letter agreement between the Company and the Financial AdvisorsAdvisor dated December 22, the fees 2009, a complete and expenses correct copy of which will be paid by the Company. On or was delivered to Parent prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisorsthis Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bioform Medical Inc)

Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, 's or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company Foundation or any of its Subsidiaries, other than except as provided in the letter agreement between Foundation and the Foundation Financial AdvisorsAdvisor relating to the Merger, the fees a complete and expenses correct copy of which will be paid by the Company. On or was delivered to Alpha prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisorsthis Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alpha Natural Resources, Inc.)

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Brokers; Certain Fees. No broker, finder, finder or investment banker (other than the Financial Advisor) is entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and or on behalf of the Company or any of its Subsidiaries, other than the Financial Advisors, the fees and expenses of which will be paid by the Company. On or prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisors.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Midland Co)

Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company Foundation or any of its Subsidiaries, other than except as provided in the letter agreement between Foundation and the Foundation Financial AdvisorsAdvisor relating to the Merger, the fees a complete and expenses correct copy of which will be paid by the Company. On or was delivered to Alpha prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisorsthis Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Foundation Coal Holdings, Inc.)

Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or its Subsidiaries, or any of their respective officers, directors or employees, other than the Financial Advisors, the fees Advisors (and expenses true and complete copies of which will be paid by the Company. On or such engagement letters have been provided to Parent prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisorsthis Agreement).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)

Brokers; Certain Fees. No broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company Alpha or any of its Subsidiaries, other than except as provided in the letter agreement between Alpha and the Alpha Financial AdvisorsAdvisor relating to the Merger, the fees a complete and expenses correct copy of which will be paid by the Company. On or was delivered to Foundation prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisorsthis Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Foundation Coal Holdings, Inc.)

Brokers; Certain Fees. No broker, finder, or investment banker is or will be entitled to any brokerage, finder, or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or its SubsidiariesSubsidiaries or any of their respective officers, directors, or employees, other than the Financial Advisors, the fees and expenses of which will be paid by the Company. On or prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial AdvisorsAdvisor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Habit Restaurants, Inc.)

Brokers; Certain Fees. No Except for Xxxxxxxx Xxxxx Capital, Inc., no broker, finder, finder or investment banker is or will be entitled to any brokerage, finder, ’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by and on behalf of the Company or any of its Subsidiaries, other than the Financial Advisors, the fees and expenses of which will be paid by the Company. On or prior to the date hereof, the Company has made available to Parent an unredacted copy of the engagement letter or other agreement, in each case, as amended or modified, between the Company and each of the Financial Advisors.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Techteam Global Inc)

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