Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Kimball International Inc), Agreement and Plan of Merger (Kimball International Inc), Agreement and Plan of Merger (Cynergistek, Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (PRGX Global, Inc.), Agreement and Plan of Merger (Otelco Inc.), Agreement and Plan of Merger (Cambrex Corp)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicablerespectively, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Instructure Holdings, Inc.), Agreement and Plan of Merger (Del Frisco's Restaurant Group, Inc.), Agreement and Plan of Merger (Civitas Solutions, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (PetIQ, Inc.), Agreement and Plan of Merger (Cornerstone OnDemand Inc), Agreement and Plan of Merger (Instructure Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee Fee, or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Tufin Software Technologies Ltd.), Agreement and Plan of Merger (Cloudera, Inc.), Agreement and Plan of Merger (RealPage, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee or Parent be required to pay the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Powerschool Holdings, Inc.), Agreement and Plan of Merger (Perficient Inc), Agreement and Plan of Merger (Cvent Holding Corp.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Infinera Corp), Agreement and Plan of Merger (Nokia Corp), Business Combination Agreement (Cogint, Inc.)
Single Payment Only. The Parties Notwithstanding anything in this Agreement to the contrary, the parties hereto acknowledge and hereby agree that in no event will the Company or the Parent, as applicable, shall either party be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Reata Pharmaceuticals Inc), Agreement and Plan of Merger (Biogen Inc.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall (i) the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events, and (ii) Parent be required to pay the Parent Termination Fee or extend the Parent Loan to the Company on more than one (1) occasion.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Receptos, Inc.), Agreement and Plan of Merger (Celgene Corp /De/)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee on more than one occasion or Parent be required to pay the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ginkgo Bioworks Holdings, Inc.), Agreement and Plan of Merger (Zymergen Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will either the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Natus Medical Inc), Agreement and Plan of Merger (Blue Nile Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee or on more than one occasion and in no event will Parent be required to pay the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Activision Blizzard, Inc.), Agreement and Plan of Merger
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee Fee, or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Electronics for Imaging Inc), Agreement and Plan of Merger (Travelport Worldwide LTD)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, Parent be required to pay the Company more than one Parent Termination Fee or the Parent Termination Fee, as applicable, on Company be required to pay more than one occasionCompany Termination Fee, whether or not the Company Parent Termination Fee or the Parent Company Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Datto Holding Corp.), Agreement and Plan of Merger (Datto Holding Corp.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (STAMPS.COM Inc)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall (i) the Company or the Parent, as applicable, be required to pay the Company Termination Fee on more than one occasion or (ii) Parent be required to pay, or to cause to be paid, the Parent Termination Fee, as applicable, Fee on more than one occasion, in each case whether or nor not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Valley Telephone Co., LLC), Agreement and Plan of Merger (Knology Inc)
Single Payment Only. The Parties Notwithstanding anything in this Agreement to the contrary, the parties hereto acknowledge and hereby agree that in no event will the Company or the Parent, as applicable, shall either party be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Icosavax, Inc.), Agreement and Plan of Merger (Prometheus Biosciences, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will (i) the Company or the Parent, as applicable, be required to pay the Company Termination Fee on more than one occasion, or (ii) Parent be required to pay the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Oak Street Health, Inc.), Agreement and Plan of Merger (CVS HEALTH Corp)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the ParentParent be required to pay, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Longboard Pharmaceuticals, Inc.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the such Company Termination Fee or the Parent Termination Fee, as applicable, Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mattson Technology Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, or the Regulatory Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee, the Parent Termination Fee or the Parent Regulatory Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee Fee, or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.. 101
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tessco Technologies Inc)
Single Payment Only. The Parties acknowledge and agree that in no event will (x) the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events and (y) Parent be required to pay the Parent Termination FeeFee on more than one occasion, as applicable, whether or not the Parent Termination Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties acknowledge and agree that in no event will (i) the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Applicable Parent Termination Fee, as applicable, on more than one occasion, or (ii) Parent be required to pay the Parent Termination Fee and the Parent Regulatory Termination Fee, in each case, whether or not the Company Termination Fee or the Applicable Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties acknowledge and agree that in no event will either the Company or the Parent, as applicable, be required to pay the Company Termination Fee or Parent be required to pay the Parent Termination Fee, as applicablethe case may be, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicablethe case may be, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Revance Therapeutics, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent be required to pay the Parent Termination Fee, as applicable, Fee on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger
Single Payment Only. The Parties Notwithstanding anything in this Agreement to the contrary, the parties hereto acknowledge and hereby agree that in no event will shall the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to under more than one (1) provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cerevel Therapeutics Holdings, Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.. (e)
Appears in 1 contract
Single Payment Only. The Parties acknowledge and agree that in no event will Parent or the Company or the Parent, as applicable, be required to pay the Company Parent Termination Fee or the Parent Company Termination Fee, as applicable, on more than one occasion, whether or not the Company Parent Termination Fee or the Parent Company Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Quotient Technology Inc.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion and in no event shall Parent be required to pay the Parent Termination Fee on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, Fee may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Nextgen Healthcare, Inc.)
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one (1) occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall (i) the Company or the Parent, as applicable, be required to pay the Company Termination Fee on more than one occasion or (ii) the Parent Parties be required to pay, or to cause to be paid, the Parent Termination Fee, as applicable, Fee on more than one occasion, in each case whether or nor not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (American Commercial Lines Inc.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties parties hereto acknowledge and hereby agree that in no event will shall Parent, on the Company one hand, or the ParentCompany, as applicableon the other hand, be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to under more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, Fee may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, Parent be required to pay the Company Termination Fee or the Parent Termination Fee, as applicablerespectively, on more than one occasion, whether or not the Company Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.. 108
Appears in 1 contract
Samples: Agreement and Plan of Merger (Diversey Holdings, Ltd.)
Single Payment Only. The Parties acknowledge and agree that in no event will the Company or the Parent, as applicable, Parent Termination Fee be required to pay the Company Termination Fee or the Parent Termination Fee, as applicable, be paid on more than one occasion, whether or not the Company Parent Termination Fee or the Parent Termination Fee, as applicable, may be payable pursuant to more than one provision of this Agreement at the same or at different times and upon the occurrence of different events.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Omnicomm Systems Inc)
