Credit of Termination Fee. In the event that the Agent or any of its Affiliates acquires the Roundup Business in a Roundup Sale, the Termination Fee that would have been payable to the Agent upon a termination pursuant to Section 10.4(a)(2) shall be credited against the purchase price to be paid by the Agent or such Affiliate in the Roundup Sale.
Appears in 5 contracts
Samples: Exclusive Agency and Marketing Agreement (Scotts Miracle-Gro Co), Exclusive Agency and Marketing Agreement (Scotts Miracle-Gro Co), Exclusive Agency and Marketing Agreement (Scotts Company)
