Newco Termination Fee Sample Clauses

Newco Termination Fee. (i) In the event that this Agreement is terminated (A) pursuant to Section 8.1(e) or Section 8.1(f), or (B) pursuant to Section 8.1(b) if, at the time of such termination, the Company would have been entitled to terminate this Agreement pursuant to Section 8.1(e) or Section 8.1(f), then within one (1) Business Day after demand by the Company, Newco shall pay to the Company a fee equal to One Hundred Forty Million Dollars $140,000,000 (the “Newco Termination Fee”) by wire transfer of immediately available funds to an account or accounts designated in writing by the Company. (ii) The parties hereto acknowledge and hereby agree that in no event shall Newco be required to pay the Newco Termination Fee on more than one occasion, whether or not the Newco Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.

Newco Termination Fee. (i) In the event that this Agreement is terminated (A) pursuant to Section 8.1(e) or Section 8.1(f), or (B) pursuant to Section 8.1(b) if, at the time of such termination, the Company would have been entitled to terminate this Agreement pursuant to Section 8.1(e) or Section 8.1(f), then within one (1) Business Day after demand by the Company, Newco shall pay to the Company a fee equal to Two Hundred Fifty-Two Million Dollars ($252,000,000) (the “Newco Termination Fee”) by wire transfer of immediately available funds to an account or accounts designated in writing by the Company. (ii) The parties hereto acknowledge and hereby agree that in no event shall Newco be required to pay the Newco Termination Fee on more than one occasion, whether nor not the Newco Termination Fee may be payable under more than one provision of this Agreement at the same or at different times and the occurrence of different events.

Newco Termination Fee. In the event NEWCO fails --------------------- to fulfill its obligation to consummate the transactions contemplated by this Plan for any reason other than (i) termination of the Plan pursuant to Section 7.1 or (ii) failure of the fulfillment or written waiver of any of the conditions set forth in Sections 6.1 and 6.2, Newco shall pay a termination fee to the Company of $100,000. Such termination fee shall be due and payable fifteen (15) business days after the fulfillment or written waiver of each of the conditions set forth in Sections 6.1 and 6.2.