NOTE H   COMMITMENTS AND CONTINGENCIES Merger Agreement : In the event that (i) the Company terminates the Merger Agreement to enter into a definitive agreement with a superior company proposal, (ii) the Company or IRT terminate the Merger Agreement for failure to close by October 15, 2015, (iii) the Company or IRT terminates the Merger Agreement because the Company fails to obtain stockholder approval if prior to termination of the Merger Agreement, subject to certain conditions, a Company takeover proposal is announced and has not been publicly withdrawn prior to the termination of the Merger Agreement, or (iv) the Company or IRT terminates the Merger Agreement after the Company s Board of Directors withdraws or materially modifies its recommendation of the Merger and within 12 months following termination of the Merger Agreement the Company either consummates a transaction or enters into a definitive agreement with respect to a Company takeover proposal, the Company could become obligated for payment to IRT of (i) a $12.0 million termination fee and (ii) reimbursement of 100% of IRT Merger expenses up to $2.5 million and 50% of IRT Merger expenses exceeding $2.5 million provided that the aggregate reimbursement shall not exceed $ 5.0 million. In the event that (i) the Company or IRT terminates the Merger Agreement because the Merger has not closed by October 15, 2015 and the Company shall have obtained stockholder approval and satisfied all of its other closing conditions and IRT is unable to close because of a failure to obtain financing, or (ii) the Company or IRT terminate the Merger Agreement because the Merger has not closed by October 15, 2015 (as may be extended to December 31, 2015) and the only closing conditions not satisfied are certain loan amendments, IRT could become obligated to pay a $ 25.0 million reverse termination fee to the Company. Legal Proceedings : The Company may from time to time be involved in legal proceedings arising from the normal course of business. Other than routine litigatio