Interactive is offering to pay 106% of Refco's known regulatory capital, higher than the Flowers' group's bid of 103%, and said it would not require a break up fee unlike the flowers group.

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Another acquirer can beat them with a higher offer, but Apollo and Metropoulos would then receive a break-up fee.

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If the brands go to another bidder, Flowers would receive a break-up fee.

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The break-up fee for the proposed deal would be huge, according to reports.

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In turn, Apollo and Metropoulos would receive a break-up fee.

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Furthermore, we will not insist upon providing for a break-up fee in the transaction so as not to provide a roadblock to others who may want to consider bidding higher than our bid.

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"Bell wants a decision by then because its the date the buyers can walk away with out paying a break-up fee, " said an analyst familiar with the situation who wished to remain anonymous.

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This summer, new fee disclosure notices that more clearly break down plan fees were sent out by 401k providers, and indeed, they are a solid step toward transparency and empowerment.

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The agreement required Andersen Consulting to pay Arthur Andersen an annual fee, and stipulated a prohibitively expensive fine if the consultants ever sought to break loose.

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But the company said it expects to break even next quarter, despite forecasting that marketing costs for its new phones will increase 50% and service-fee declines could be in the single digits.

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