WESTERN RESOURCES FEES. If on or before the Termination Date all of the conditions to the Closing set forth in Sections 10.1, 10.2 and 10.3 hereof other than any condition set forth in Sections 10.2(g), 10.2(h), 10.2(i) or 10.2(j) hereof shall have been fulfilled, and Western Resources shall decline to waive such condition, then immediately following the Termination Date Western Resources shall reimburse KCPL for any and all expenses of KCPL with respect to this Agreement and the transactions contemplated hereby, up to a maximum reimbursement of KCPL by Western Resources of $5 million in the case of the conditions set forth in Section 10.2(h) or 10.2(j), $25 million in the case of the conditions set forth in Section 10.2(i), and $35 million in the case of Section 10.2(g); provided, however, that Western Resources shall be required to reimburse KCPL's expenses in respect of the failure of only one of the foregoing closing conditions to be satisfied.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Kansas City Power & Light Co), Agreement and Plan of Merger (Western Resources Inc /Ks), Merger Agreement (Kansas Gas & Electric Co /Ks/)
WESTERN RESOURCES FEES. If on or before the Termination Date all of the conditions to the Closing set forth in Sections 10.18.1, 10.2 8.2 and 10.3 8.3 hereof other than any condition set forth in Sections 10.2(g8.2(e), 10.2(h8.2(i), 10.2(i8.2(j), 8.2(k) or 10.2(j8.2(l) hereof shall have been fulfilled, and Western Resources shall decline to waive such condition, then immediately following the Termination Date Western Resources shall reimburse KCPL for any and all expenses of KCPL with respect to this Agreement and the transactions contemplated hereby, up to a maximum reimbursement of KCPL by Western Resources of $5 million in the case of the conditions set forth in Section 10.2(hSections 8.2(e) or 10.2(j8.2(k), $25 million in the case of the conditions set forth in Section 10.2(iSections 8.2(i) and 8.2(l), and $35 million in the case of Section 10.2(g8.2(j); provided, however, that Western Resources shall be required to reimburse KCPL's expenses in respect of the failure of only one of the foregoing closing conditions to be satisfied.
Appears in 2 contracts
Samples: Merger Agreement (Kansas City Power & Light Co), Merger Agreement (Western Resources Inc /Ks)