Common use of Termination of Existing Agreements Clause in Contracts

Termination of Existing Agreements. Each of the Acquisition Agreement and Agreement and Plan of Merger, dated as of October 7, 2005, by and among GFC Enterprise, Inc., GFC Holding Corp. and the Company (the "Sun Merger Agreement"), the Stock Option Agreement, dated as of October 7, 2005, by and among GFC Enterprise, Inc., GFC Holding Corp. and the Company, and any other agreement between Sun Capital Partners IV, LP, or its affiliates and the Company (other than the Confidentiality Agreement dated June 20, 2005) has been duly terminated with no further liability of the Company thereunder other than the obligation to pay the Company Break Up Fee and Expenses (as such terms are defined under the Sun Agreement) pursuant to the Sun Merger Agreement which shall be paid by the Company promptly after the date hereof.

Termination of Existing Agreements. Each of the Acquisition Agreement and Agreement and Plan of Merger, dated as of October 7, 2005, by and among GFC Enterprise, Inc., GFC Holding Corp. and the Company (the "Sun Merger AgreementSUN MERGER AGREEMENT"), the Stock Option Agreement, dated as of October 7, 2005, by and among GFC Enterprise, Inc., GFC Holding Corp. and the Company, and any other agreement between Sun Capital Partners IV, LP, or its affiliates and the Company (other than the Confidentiality Agreement dated June 20, 2005) has been duly terminated with no further liability of the Company thereunder other than the obligation to pay the Company Break Up Fee and Expenses (as such terms are defined under the Sun Agreement) pursuant to the Sun Merger Agreement which shall be paid by the Company promptly after the date hereof.