Buyout Fee Sample Clauses
POPULAR SAMPLE Copied 2 times
Buyout Fee eCORP Marketing may elect in its sole discretion to terminate this Agreement at any time during the term hereof by exercising a buyout right (the "Buyout Right") for a fee in the amount of *** (the "Buyout Fee"); provided, that the Buyout Fee shall be increased by the additional amount set forth below in the event eCORP Marketing exercises its recall rights under Section 2.6 above: *** eCORP Marketing may exercise the Buyout Right by providing written notice of termination to NJRES at least ninety (90) days prior to the end of any Valuation Period. Such termination shall be effective as of the end of such Valuation Period in which the notice is given. The Buyout Fee must be paid by eCORP Marketing to NJRES on or prior to the last day of such Valuation Period. Should eCORP Marketing exercise its Buyout Right and terminate this Agreement, NJRES will be entitled to receive all of its Revenue Sharing Incentive Payments and other compensation provided for in Article 3 which is earned during the Valuation Period in progress at the time the Buyout Right notice is given and all prior Valuation Periods. Upon the effectiveness of any termination pursuant to the Buyout Right, all of the rights and obligations of the parties hereunder will terminate, including pursuant to the provisions of Article 14 hereof, except as otherwise provided herein. In addition to the foregoing, the Buyout Fee shall be payable to NJRES upon the closing of any Sale Event. Upon such closing, NJRES will be entitled to receive all of its Revenue Sharing Incentive Payments and other compensation provided for in Article 3 which is earned during the Valuation Period in progress at the time the Buyout Right notice is given through the end of such Valuation Period and all prior Valuation Periods. Upon such closing, all of the rights and obligations of the parties hereunder will terminate, including pursuant to the provisions of Article 14 hereof, except as otherwise provided herein. The Buyout Fee shall be due and payable upon termination of this Agreement; provided, however, that it shall be reduced by *** in the event of termination under Section 15.3 of this Agreement.
Buyout Fee. Handspring may elect, at its option and without obligation, via a written notice to AirPrime, to remove the constraint to only use the London Host Software and the SB3000 Software with Products that Handspring purchases from AirPrime by paying to AirPrime the "Buyout Fee" defined below. In such case, Handspring shall be free to use the London Host Software and the SB3000 Software (including any modifications integrated into and made part of any Derivative Software including without limitation the Robin Host Software) in conjunction with products ▇▇▇ ▇oftware from alternate suppliers. The Buyout Fee shall be determined in accordance with the table below: TOTAL PAYMENTS TO AIRPRIME UNDER BOTH THE ORIGINAL AGREEMENT AND THIS AGREEMENT ("TOTAL PAYMENTS"): BUYOUT FEE ------------------------------------------------ ---------- [*] [*] [*] [*] [*] [*]
Buyout Fee. In exchange for the release of Atari's rights in the Title, Red Mile shall pay Atari (collectively, the "Buyout Fee"):
1.1. A fee in the amount of $4,750,000 (the "Initial Payment") on March 5, 2009 or as soon as reasonably practicable thereafter if Red Mile provides evidence by March 5, 2009 reasonably satisfactory to Atari of an agreement in principle for financing of the Title by a Third Party (including, at minimum, proof of funds and definitive proof of intent (e.g., executed L01); but in any event not later than March 19, 2009; and
Buyout Fee. Tenant, in full and final settlement ---------- of the Claims and as consideration for this Release hereby agrees to pay Landlord a buyout fee (the "Buyout Fee") of $250,000. less the deposit of $104,000. or net payment herewith of $146,000. The Buyout Fee is the only consideration due from Tenant to Landlord.
Buyout Fee. 3.1 Minnetronix may invoice Client for, and Client shall be liable for, the Buyout Fee in the following circumstances: (a) if there is a Bankruptcy after the Trigger Date but on or before March 31, 2011; or (b) if there is no Manufacturing Commitment after the Trigger Date but on or before March 31, 2011 or (c) if the Agreement, this Amendment, the SOW or any of the Products covered by the SOW are terminated or expire for any reason after the Trigger Date but on or before March 31, 2011. Notwithstanding the foregoing, Client (or its successors and assigns) will not be liable for the Buyout Fee if: ● Minnetronix fails to satisfy any of its obligations under Section 2 of this Agreement; ● the Business Agreement is terminated prior to the Trigger Date under Section 8.2(a) of the Business Agreement; ● Client terminates the Business Agreement prior to the Trigger Date under Section 8.2(b) or Section 8.2(c) of the Business Agreement; or ● Minnetronix terminates the Business Agreement under Section 8.2(f) of the Business Agreement.
3.2 Any milestone under the SOW has not been satisfied, or Phases I, II or III (as identified under the SOW) have not been completed and such incompletion is not due to a change in the scope of the project by Client. The parties agree that any change in the scope of the project by Client will not result in the Trigger Date being delayed unless agreed upon by the parties in writing. In the event of any such delay of the Trigger Date, the parties will use commercially reasonable efforts to enter into a Manufacturing Addendum within 90 days after the revised Trigger Date and will negotiate the Manufacturing Addendum in accordance with Section 2 hereof. Client shall deliver payment in full to Minnetronix of the Buyout Fee within 30 days after the invoice date. A late fee will be assessed to any overdue invoice. Such late fee shall be the lesser of (a) 1.5%/month, or portion thereof, and (b) the maximum amount permitted by law. In the event that full payment is not made within 60 days after the invoice date, Minnetronix may cease all efforts on the Services and Products and refer the account to a collection agency.