Common use of Consequences of Non-Payment Clause in Contracts

Consequences of Non-Payment. If the Company fails to promptly pay the amount due pursuant to Section 8.4 and, in order to obtain such payment, Parent commences a suit that results in a final and non-appealable judgment against the Company for the Company Termination Fee, the Company shall pay to Parent its reasonable out-of-pocket costs and expenses (including reasonable out-of-pocket attorneys’ fees) in connection with such suit, together with interest on the Company Termination Fee at a rate per annum equal to the prime lending rate prevailing as published in The Wall Street Journal for the period from the date such Company Termination Fee was initially due to the date of payment; provided, however, that if the Company is the prevailing party in such suit, Parent shall pay to the Company its reasonable out-of-pocket costs and expenses (including reasonable out-of-pocket attorneys’ fees) in connection with such suit.

Consequences of Non-Payment. If the Company fails to promptly pay the amount due pursuant to Section 8.4 7.3(b) and, in order to obtain such payment, Parent commences a suit that results in a final and non-appealable judgment against the Company for the Company Termination Fee, the Company shall pay to Parent its reasonable out-of-pocket costs and expenses (including reasonable out-of-pocket attorneys’ fees) in connection with such suit, together with interest on the Company Termination Fee at a rate per annum equal to the prime lending rate prevailing as published in The Wall Street Journal for the period from the date such Company Termination Fee payment was initially due to the actual date of payment; provided, however, that if the Company is the prevailing party in such suit, Parent shall pay to the Company its reasonable out-of-pocket costs and expenses (including reasonable out-of-pocket attorneys’ fees) in connection with such suit.