Termination for Alternative Acquisition Agreement. by the Company, upon written notice to Parent, prior to the Acceptance Time in order to enter into an Alternative Acquisition Agreement, if the Company and the Company Board shall have complied with Section 6.2 and Section 6.3, including the notice, negotiation and other requirements set forth therein with respect to such Superior Proposal, and pays to Parent the fees due pursuant to Section 8.3(b), and such termination is not effected and the entering into of the Alternative Acquisition Agreement does not occur until at least the fourth day after the Company has provided the last notice required to be provided by Company to Parent pursuant to Section 6.3;
Appears in 4 contracts
Samples: Merger Agreement (Harmony Biosciences Holdings, Inc.), Merger Agreement (Zynerba Pharmaceuticals, Inc.), Merger Agreement (Harmony Biosciences Holdings, Inc.)