Fees and Expenses; Investment Banking Fees. (a) Each party to this Agreement shall bear and pay all fees, costs and expenses (including all legal fees and expenses, that have been incurred or that are in the future incurred by, on behalf of or for the benefit of such party in connection with: (i) the negotiation, preparation and review of any letter of intent or similar document relating to any of the transactions contemplated hereby; (ii) the investigation and review conducted by such party and its Representatives with respect to the transactions contemplated hereby; (iii) the negotiation, preparation and review of this Agreement or any of the documents delivered in connection herewith; (iv) the preparation and submission of any filing or notice required to be made or given in connection with any of the transactions contemplated hereby, and the obtaining of any Consent required to be obtained in connection with any of the transactions contemplated hereby; and (v) the consummation and performance of the transactions contemplated hereby. (b) Notwithstanding anything to the contrary contained elsewhere in this Agreement, and regardless of whether or not the Option Closing takes place, each party to this Agreement shall pay its own investment banking, broker or finder fees, if any, incurred in connection with the transactions contemplated hereby.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Biomarin Pharmaceutical Inc), Securities Purchase Agreement (Medicis Pharmaceutical Corp)
Fees and Expenses; Investment Banking Fees. (a) Each party to this Agreement shall bear and pay all fees, costs and expenses (including all legal fees and expenses, that have been incurred or that are in the future incurred by, on behalf of or for the benefit of such party in connection with: (i) the negotiation, preparation and review of any letter of intent or similar document relating to any of the transactions contemplated hereby; (ii) the investigation and review conducted by such party and its Representatives with respect to the transactions contemplated hereby; (iii) the negotiation, preparation and review of this Agreement or any of the documents delivered in connection herewith; (iv) the preparation and submission of any filing or notice required to be made or given in connection with any of the transactions contemplated hereby, and the obtaining of any Consent consent required to be obtained in connection with any of the transactions contemplated hereby; and (v) the consummation and performance of the transactions contemplated hereby.
(b) Notwithstanding anything to the contrary contained elsewhere in this Agreement, and regardless of whether or not the Option Closing takes place, each party to this Agreement shall pay its own investment banking, broker or finder fees, if any, incurred in connection with the transactions contemplated hereby.
Appears in 2 contracts
Samples: License Agreement (Biomarin Pharmaceutical Inc), License Agreement (Medicis Pharmaceutical Corp)