Examples of Special Termination Fee in a sentence
In the event Manager so terminates this Agreement, Owner shall pay to Manager the Special Termination Fee no later than the business day immediately preceding the specified date of such termination of this Agreement (with such payment obligation to survive the termination of this Agreement).
Owner shall have the right to terminate this Agreement, without cause, at any time upon at least ninety (90) days prior written notice to Manager and the payment to Manager of an amount equal to the sum of (i) the Special Termination Fee and (ii) an amount equal to three (3) times the Average Monthly Base Management Fee.
Not later than the effective date of any termination of this Agreement pursuant to this Section 21.3, and as a condition (which may be waived by Manager) to the effectiveness of any such termination, Owner shall pay to Manager the applicable Special Termination Fee.
Such termination shall be Manager’s sole remedy, and Manager shall not be entitled to receive the Special Termination Fee in connection therewith.
In addition, should the Investment Management Agreement be terminated, the Company (and/or its new investment manager) would be obliged to adhere to practices that allow calculation of the Performance Fee and Special Termination Fee to be paid in accordance with this Agreement.
The preceding obligation of the Company to pay the Expenses of Parent and Merger Sub shall be in addition to any obligation of the Company to pay to Parent (without duplication) the Regular Termination Fee, the Expenses of Parent and Merger Sub, and/or the Special Termination Fee (if applicable) in accordance with Section 7.3 of the Merger Agreement as such section is modified by the provisions of this Amendment.
The Termination Stay shall be immediately revoked upon Assure’s failure to meet any of the Waiver Conditions (which shall not be subject to any cure period), and Danam may, in its sole discretion, exercise its Special Termination Right and be entitled to the Special Termination Fee.
Such termination shall be Manager’s sole remedy,` and Manager shall not be entitled to receive the Special Termination Fee in connection therewith.
If the Buyer does not pay the Special Termination Fee when due, the Buyer shall also pay interest on such unpaid amount at a rate of eight percent per annum, compounded quarterly, or the maximum rate permitted by applicable Law, whichever is less, from the due date through the date of payment in full (all references herein to the Special Termination Fee shall include all accrued and unpaid interest).
If this Agreement is terminated by the Company in accordance with Section 7.1(c)(ii), then the Company shall pay to Parent the Regular Termination Fee, the Special Termination Fee and the Expenses of the Parent and Merger Sub.