Payment of FFI Termination Fee Sample Clauses

Payment of FFI Termination Fee. If an FFI Termination Fee becomes payable pursuant to Paragraph 12(c)(i) or 12(c)(ii) above, such Fee shall be paid by wire transfer of immediately available funds to a DCB designated account by FFI within three (3) Business Days after termination of this Agreement. FFI acknowledges that its covenants and agreements contained in this Section 12.2 are an integral part of the transactions contemplated by this Agreement, and that without such agreements DCB would not have entered into this Agreement, and that neither of the FFI Termination Fee amounts constitutes a penalty. If FFI fails to pay DCB the amounts due by FFI to DCB, in full, under this Section 12.2 within the time period specified above in this Paragraph 12.2(d)(ii), FFI shall pay all costs and expenses (including attorneys’ fees) incurred by DCB in connection with any action, including the filing of any lawsuit, taken to collect payment of such amounts, together with any interest thereon, accrued at a rate of 10% per annum.
Sample 1
AutoNDA by SimpleDocs

Related to Payment of FFI Termination Fee

  • Company Termination Fee (a) If this Agreement is terminated (i) by Parent pursuant to Section 8.4(a) (Company Change in Recommendation) or (ii) by the Company pursuant to Section 8.3(c) (Termination for Superior Proposal), then the Company shall, within two (2) Business Days after such termination in the case of clause (i) or concurrently with such termination in the case of clause (ii), pay Parent a fee equal to $356,000,000 (the “Company Termination Fee”) less any amount of Parent Expenses previously paid by the Company.

  • Payment of Fee For the services the Sub-Adviser renders to the Fund under this Agreement, the Adviser will pay the Sub-Adviser fees based on the average daily net assets of the Fund in accordance with the fee schedule set forth on Exhibit A, as such Exhibit may be amended from time to time by mutual agreement of the parties hereto.

  • Early Termination Fee In the event that the Funds terminate this Agreement prior to the five (5) year anniversary of the Effective Date (the “Anniversary Date”), other than due to the Transfer Agent’s bankruptcy under Section 12.6, or for cause under Section 12.7, or under Section 4.2 in the event the Transfer Agent ceases to be a registered transfer agent under the 1934 Act, or under Section 4.9 in the event the Transfer Agent violates clauses (a) or (b) of that Section, the Funds shall pay to the Transfer Agent an early termination fee (the “Early Termination Fee”), the amount of which shall be determined as follows:

  • Expenses; Termination Fee (a) Except as set forth in this Section 8.3, all fees and expenses incurred in connection with this Agreement and the Transactions shall be paid by the Party incurring such expenses, whether or not the Offer and Merger are consummated.

  • Parent Termination Fee (a) If this Agreement is terminated by the Company pursuant to Section 8.3(a) (Parent Change in Recommendation) then Parent shall, within two (2) Business Days after such termination pay the Company a fee equal to $356,000,000 (the “Parent Termination Fee”) less any amount of Company Expenses previously paid by Parent. In no event shall Parent be required to pay the Parent Termination Fee or the Company Expenses on more than one occasion.

  • Effect of Termination; Termination Fee (a) In the event of the termination and abandonment of this Agreement pursuant to Section 10.1, the Agreement shall terminate and have no effect, except as otherwise provided herein and except that the provisions of this Section 10.2, Section 10.5 and Article 11 of this Agreement shall survive any such termination and abandonment.

  • Termination Fee (a) In the event that:

  • Termination Fees (a) If this Agreement is terminated:

  • Payment Upon Termination Termination of this Agreement shall not affect the right of the Adviser to receive payment on any unpaid balance of the compensation described in Section 2 earned prior to such termination.

  • 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 shall be paid by the Party incurring such expenses, whether or not the Offer and Merger are consummated.

Time is Money Join Law Insider Premium to draft better contracts faster.