Company Fees and Expenses. (a) Acquiror agrees that, in order to compensate the Company for the direct and substantial damages suffered by the Company in the event of termination of this Agreement under certain circumstances, which damages cannot be determined with reasonable certainty, Acquiror shall pay to the Company the Company Termination Fee (as defined below) upon the termination of this Agreement by the Company pursuant to Section 4.1(c). For purposes of this Agreement, the term “
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Samples: And Restated Agreement and Plan of Merger (Royal Gold Inc), Agreement and Plan of Merger (Battle Mountain Gold Exploration Corp.), Agreement and Plan of Merger (Royal Gold Inc)