Breakup Fee definition

Breakup Fee has the meaning set forth in Section 7.4.

Breakup Fee shall have the meaning set forth in Section 10.2(c).

Breakup Fee means an amount, in cash, equal to $94.2 million.

Examples of Breakup Fee in a sentence

• For the avoidance of doubt, in the event Seller exercises its Fiduciary Out, Purchaser shall be entitled to a return of the Deposit and payment of the Breakup Fee to the extent provided pursuant to Section 5.2.6 hereof.

• If the Breakup Fee is due to Purchaser in accordance with the terms of Section 5.2.6, then, notwithstanding the foregoing sentence, Purchaser’s sole remedies shall be to terminate this Agreement and (a) the Escrow Agent shall refund the Deposit to Purchaser within five (5) Business Days after receipt of such notice of termination, and (b) Seller shall pay to Purchaser the Breakup Fee as so required.

• The Breakup Fee is non-refundable and shall not be offset by or credited against any other payment.

• The parties acknowledge and agree that in no event shall Seller be required to pay the Breakup Fee on more than one occasion.

• To the extent not entered prior to the Effective Date, the parties will use their respective good faith and commercially reasonable efforts to cause the Bankruptcy Court to enter an order granting the Bid Procedures Motion (the “Bid Procedures Order”) or otherwise approve the Breakup Fee.

More Definitions of Breakup Fee

Breakup Fee shall have the meaning set forth in Section 7.2(b).

Breakup Fee means an amount, in cash, equal to $85,444,783.80.

Breakup Fee means Cash in the amount of the breakup fee payable pursuant to the Convertible Preferred Stock Purchase Agreement to DPI or its assignees, but in no event more than eight million dollars ($8,000,000).

Breakup Fee means an amount, in cash, equal to $78,500,000.

Breakup Fee shall have the meaning set forth in Section 8.6(a).

Breakup Fee shall have the meaning set forth in Section 4.10 of this Agreement.

Breakup Fee is defined in Section 10.14.