Common use of PAYMENT OF SELLER'S TERMINATION FEE Clause in Contracts

PAYMENT OF SELLER'S TERMINATION FEE. If this Agreement is terminated by the Buyer pursuant to Section 10.1(b) above and the failure to complete the Closing on or before the Closing Date Deadline shall have been due to the Seller's breach of any of his material representations and warranties or any of his material covenants or obligations under this Agreement, then the Seller shall, upon demand of the Buyer, promptly pay to the Buyer in immediately available funds, as liquidated damages for the loss of the transaction, a termination fee of $500,000 (the "SELLER'S TERMINATION FEE").

Appears in 1 contract

Samples: Stock Purchase Agreement (Sonic Automotive Inc)

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PAYMENT OF SELLER'S TERMINATION FEE. If this Agreement is terminated by the Buyer pursuant to Section 10.1(b) above and the failure to complete the Closing on or before the Closing Date Deadline shall have been due to the Seller's or the Companies' breach of any of his their material representations and warranties or any of his their material covenants or obligations under this Agreement, then the Seller and the Companies, jointly and severally, shall, upon demand of the Buyer, promptly pay to the Buyer in immediately available funds, as liquidated damages for the loss of the transaction, a termination fee of $500,000 1,000,000 (the "SELLER'S TERMINATION FEESeller's Termination Fee").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sonic Automotive Inc)

PAYMENT OF SELLER'S TERMINATION FEE. If this Agreement is terminated by the Buyer pursuant to Section 10.1(b) above and the failure to complete the Closing on or before the Closing Date Deadline shall have been due to the Seller's breach of any of his their material representations and warranties or any of his their material covenants or obligations under this Agreement, then the Seller shall, upon demand of the Buyer, promptly pay to the Buyer in immediately available funds, as liquidated damages for the loss of the transaction, a termination fee of $500,000 150,000 (the "SELLER'S TERMINATION FEE").

Appears in 1 contract

Samples: Stock Purchase Agreement (Sonic Automotive Inc)

PAYMENT OF SELLER'S TERMINATION FEE. If this Agreement is terminated by the Buyer pursuant to Section 10.1(b) above and the failure to complete the Closing on or before the Closing Date Deadline shall have been due to the Seller's breach of any of his material representations and warranties or any of his material covenants or obligations under this Agreement, then the Seller shall, upon demand within ten days after receipt by the Seller of written notice by the Buyer, promptly pay to the Buyer in immediately available funds, as liquidated damages for the loss of the transactiontransaction and not as a penalty, a termination fee of $500,000 1,000,000 (the "SELLER'S TERMINATION FEE").

Appears in 1 contract

Samples: Agreement (Sonic Automotive Inc)

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PAYMENT OF SELLER'S TERMINATION FEE. If this Agreement is terminated by the Buyer pursuant to Section 10.1(b) above and the failure to complete the Closing on or before the Closing Date Deadline shall have been due to the Seller's Sellers' breach of any of his their material representations and warranties or any of his their material covenants or obligations under this Agreement, then the Seller Sellers, jointly and severally, shall, upon demand of the Buyer, promptly pay to the Buyer in immediately available funds, as liquidated damages for the loss of the transaction, a termination fee of $500,000 1,000,000 (the "SELLER'S TERMINATION FEESellers' Termination Fee").

Appears in 1 contract

Samples: Stock Purchase Agreement (Sonic Automotive Inc)

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