Common use of Sharing of Certain Payments Clause in Contracts

Sharing of Certain Payments. In the event that SV receives a Company Termination Fee (as defined in the Merger Agreement), SV and Onyx shall share in such fee (a) first, in an amount equal to each party’s actual out-of-pocket third party expenses incurred in connection with this Separation Agreement and the Merger Agreement and (b) second, on a 85%/15% basis. Such amount shall be paid within five (5) Business Days of the receipt by SV of such Company Termination Fee.

Sharing of Certain Payments. In the event that SV receives a Company Termination Fee (as defined in the Merger Agreement), SV and Onyx shall share in such fee (a) first, in an amount equal to each party’s 's actual out-of-pocket third party expenses incurred in connection with this Separation Agreement and the Merger Agreement and (b) second, on a 85%/15% basis. Such amount shall be paid within five (5) Business Days of the receipt by SV of such Company Termination Fee.