Expenses; Termination Fees. (a) Except as set forth in this Section 8.3, all fees and expenses incurred in connection with this Agreement and the transactions contemplated by this Agreement shall be paid by the party incurring such expenses, whether or not the Merger is consummated; provided, however, that Parent and the Company shall share equally all fees and expenses, other than attorneys' and accounting fees and expenses, incurred in connection with (i) the filing, printing and mailing of the Form S-4 Registration
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Molecular Devices Corp), Agreement and Plan of Merger and Reorganization (Molecular Devices Corp)
Expenses; Termination Fees. (a) Except as set forth in this Section 8.3, all fees and expenses incurred in connection with this Agreement and the transactions contemplated by this Agreement shall be paid by the party incurring such expenses, whether or not the Merger is consummated; provided, however, that Parent and the Company shall share equally all fees and expenses, other than attorneys' and accounting fees and expenses, incurred in connection with (i) the filing, printing and mailing of the Form S-4 Registration,
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Clarent Corp/Ca), Agreement and Plan of Merger and Reorganization (Act Networks Inc)
Expenses; Termination Fees. (a) Except as set forth in this Section 8.3, all fees and expenses incurred in connection with this Agreement and the transactions contemplated by this Agreement shall be paid by the party incurring such expenses, whether or not the Merger is consummated; providedPROVIDED, howeverHOWEVER, that (i) Parent and the Company shall share equally all fees and expenses, other than attorneys' and accounting fees and expensesfees, incurred in connection with (i) the filing, printing and mailing of the Form S-4 RegistrationRegistration Statement and the Prospectus/Proxy Statement and any amendments or supplements thereto.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Cypros Pharmaceutical Corp), Agreement and Plan of Reorganization (Cypros Pharmaceutical Corp)
Expenses; Termination Fees. (a) Except as set forth in this Section 8.39.3, all fees and expenses incurred in connection with this Agreement and the transactions contemplated by this Agreement shall be 55. paid by the party incurring such expenses, whether or not the Merger is consummated; providedPROVIDED, howeverHOWEVER, that Parent and the Company shall share equally all fees and expenses, other than attorneys' and accounting fees and expensesfees, incurred in connection with (i) the filing, printing and mailing filing of the Form S-4 RegistrationRegistration Statement and the Joint Proxy Statement/Prospectus and any amendments or supplements thereto.
Appears in 1 contract
Expenses; Termination Fees. (aA) Except as set forth in this Section 8.3, all fees and expenses incurred in connection with this Agreement and the transactions contemplated by this Agreement shall be paid by the party incurring such expenses, whether or not the Merger is consummated; providedPROVIDED, howeverHOWEVER, that Parent and the Company shall share equally all fees and expenses, other than attorneys' and accounting fees and expensesfees, incurred in connection with (i) the filing, printing and mailing of the Form S-4 RegistrationRegistration Statement and the Prospectus/Proxy Statement and any amendments or supplements thereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Agritope Inc)
Expenses; Termination Fees. (a) Except as set forth in this Section 8.3, all fees and expenses incurred in connection with this Agreement and the transactions contemplated by this Agreement shall be paid by the party incurring such expenses, whether or not the Merger is consummated; provided, however, that Parent and the Company shall share equally all fees and expenses, other than attorneys' and accounting fees and expenses, incurred in connection with (i) the filing, printing and mailing of the Form S-4 RegistrationXxxxxxxxxxxx
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (LJL Biosystems Inc)
