Common use of Performance by Consultant Clause in Contracts

Performance by Consultant. Consultant shall be deemed to have earned its entire fee under Section 1.4.a.ii upon, (i) Consultant's introduction of any bona fide potential acquirer or seller of assets or merger candidate or, (ii) upon materially assisting Client with merger, acquisition and/or divestiture efforts for an introduced or non-introduced merger, acquisition and/or divestiture candidate and, (iii) the consummation of the merger, acquisition, and/or divestiture by Client within 12 months from the date of such introduction or effort. Consultant shall be entitled to receive a fee (as described in paragraph 1.4.a.ii., below) for each merger, acquisition and/or divestiture by the Client. Each such obligation of Client to pay such fee shall be deemed a separate agreement hereunder severable from each of the other obligations to pay fees arising hereunder and each obligation shall be separately enforceable as if separate written agreements existed for each introduction and/or effort made by Consultant.

Performance by Consultant. Consultant shall be deemed to have earned its her entire fee under Section 1.4.a.ii 1 .4.a.ii upon, (i) Consultant's introduction of any bona fide potential acquirer or strategic alliance candidate, acquirer/seller of assets or merger candidate or, (ii) upon materially assisting Client with strategic alliance, merger, acquisition and/or divestiture efforts for with an introduced or non-introduced merger, acquisition and/or divestiture candidate and, (iii) the consummation of the strategic alliance, merger, acquisition, and/or divestiture by Client within 12 24 months from the date of such introduction or effort. Consultant shall be entitled to receive a fee (as described in paragraph 1.4.a.ii1 .4.a.ii., below) for each such strategic alliance, merger, acquisition and/or divestiture by the Client. Each such obligation of Client to pay such fee shall be deemed a separate agreement hereunder severable from each of the other obligations to pay fees arising hereunder and each obligation shall be separately enforceable as if separate written agreements existed for each introduction and/or effort made by Consultant.

Performance by Consultant. Consultant shall be deemed to have earned its entire fee under Section 1.4.a.ii 1.a.ii upon, (i) Consultant's ’s introduction of any bona fide potential acquirer or seller of assets or merger candidate or, (ii) upon materially assisting Client with merger, acquisition and/or divestiture efforts for an introduced or non-introduced merger, acquisition and/or divestiture candidate and, (iii) the consummation execution by Client of the a Letter of Intent and/or Definitive Agreement with respect to a merger, acquisition, and/or divestiture by Client within 12 months from the date of such introduction or effort. Consultant shall be entitled to receive a fee (as described in paragraph 1.4.a.ii1.a.ii., below) for each merger, acquisition and/or divestiture by the Client. Each such obligation of Client to pay such fee shall be deemed a separate agreement hereunder severable from each of the other obligations to pay fees arising hereunder and each obligation shall be separately enforceable as if separate written agreements existed for each introduction and/or effort made by Consultant. ii.

Performance by Consultant. Consultant shall be deemed to have earned its entire fee under Section 1.4.a.ii upon, (i) Consultant's ’ introduction of any bona fide potential acquirer or seller of assets or merger candidate or, (ii) upon materially assisting Client with merger, acquisition and/or divestiture efforts for an introduced or non-introduced merger, acquisition and/or divestiture candidate and, (iii) the consummation of the merger, acquisition, and/or divestiture by Client within 12 months from the date of such introduction or effort. Consultant shall be entitled to receive a fee (as described in paragraph 1.4.a.ii., below) for each merger, acquisition and/or divestiture by the Client. Each such obligation of Client to pay such fee shall be deemed a separate agreement hereunder severable from each of the other obligations to pay fees arising hereunder and each obligation shall be separately enforceable as if separate written agreements existed for each introduction and/or effort made by Consultant.

Performance by Consultant. Consultant shall be deemed to have earned its entire fee under Section 1.4.a.ii 1.a.ii upon, (i) Consultant's ’s introduction of any bona fide potential acquirer or seller of assets or merger candidate or, (ii) upon materially assisting Client with merger, acquisition and/or divestiture efforts for an introduced or non-introduced merger, acquisition and/or divestiture candidate and, (iii) the consummation execution by Client of the a Letter of Intent and/or Definitive Agreement with respect to a merger, acquisition, and/or divestiture by Client within 12 months from the date of such introduction or effort. Consultant shall be entitled to receive a fee (as described in paragraph 1.4.a.ii1.a.ii., below) for each merger, acquisition and/or divestiture by the Client. Each such obligation of Client to pay such fee shall be deemed a separate agreement hereunder severable from each of the other obligations to pay fees arising hereunder and each obligation shall be separately enforceable as if separate written agreements existed for each introduction and/or effort made by Consultant.