Common use of Attorneys’ Fees and Cost of Collection Clause in Contracts

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any other agreement delivered in connection herewith, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 Purchase Price: $ 250,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX INC. By: Name: Xxxxxxx Xxxxx Title: Chief Financial Officer THE BUYER: Vista Capital Investments, LLC By: Name: Xxxxx Xxxxx Title: President EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (BioCorRx Inc.)

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Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other agreement delivered in connection herewithTransaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 287,500.00 Purchase Price: $ 250,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX INC. Airborne Wireless Network By: Name: /s/ Xxxxxxx Xxxxx Title: X. Xxxxxx Xxxxxxx X. Xxxxxx Chief Financial Executive Officer THE BUYER: Vista Capital InvestmentsBlack Mountain Equities, LLC Inc. By: Name: /s/ Xxxx Xxxxx Xxxx Xxxxx Title: President EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (Airborne Wireless Network)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other agreement delivered in connection herewithTransaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 55,000.00 Purchase Price: $ 250,000.00 50,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX INNOVUS PHARMACEUTICALS, INC. By: Name: Xxxxxxx /s/ Xx. Xxxxxx Xxxxx Title: Xx. Xxxxxx X. Damaj, Ph.D. Chief Financial Executive Officer THE BUYER: Vista Capital Investments, LLC XXXXXXXX XXXXXX By: Name: Xxxxx Xxxxx Title: President /s/ Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxx EXHIBIT A NOTE EXHIBIT BB WARRANT

Appears in 1 contract

Samples: Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other agreement delivered in connection herewithTransaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 86,250.00 Purchase Price: $ 250,000.00 75,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX INC. Airborne Wireless Network By: Name: /s/ Xxxxxxx Xxxxx Title: X. Xxxxxx Xxxxxxx X. Xxxxxx Chief Financial Executive Officer THE BUYER: Vista Capital Investments, LLC Xxxxx Xxxxxx By: Name: /s/ Xxxxx Xxxxx Title: President Xxxxxx EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (Airborne Wireless Network)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other agreement delivered in connection herewithTransaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 38,500.00 Purchase Price: $ 250,000.00 35,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX INC. Arkados Group, Inc. By: Name: Xxxxxxx Xxxxx Title: /s/ Txxxxxxx XxXxxxxx Mx. Xxxxxxxx XxXxxxxx Chief Financial Executive Officer THE BUYER: Vista Capital Investments, LLC Lxxxx Xxxxxx By: Name: Xxxxx Xxxxx Title: President /s/ Lxxxx Xxxxxx EXHIBIT A NOTE EXHIBIT BNOTE

Appears in 1 contract

Samples: Securities Purchase Agreement (Arkados Group, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other agreement delivered in connection herewithTransaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 110,000.00 Purchase Price: $ 250,000.00 100,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX INNOVUS PHARMACEUTICALS, INC. By: Name: Xxxxxxx Xxxxx Title: /s/ Xx. Xxxxxx X. Damaj, Ph.D. Xx. Xxxxxx X. Damaj, Ph.D. Chief Financial Executive Officer THE BUYER: Vista Capital InvestmentsVISTA CAPITAL INVESTMENTS, LLC By: Name: /s/ Xxxxx X. Xxxxx Xxxxx Title: President X. Xxxxx Principal EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other agreement delivered in connection herewithTransaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 105,000.00 Purchase Price: $ 250,000.00 100,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX INC. ProGreen US, Inc. By: Name: Xxxxxxx Xxxxx Title: /s/ Xxx Xxxxxxxx Xx. Xxx Xxxxxxxx Chief Financial Executive Officer THE BUYER: Vista Capital Investments, LLC Xxxxx Xxxxxx By: Name: /s/ Xxxxx Xxxxx Title: President Xxxxxx EXHIBIT A NOTE EXHIBIT BB WARRANT

Appears in 1 contract

Samples: Securities Purchase Agreement (Progreen US, Inc.)

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Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other agreement delivered in connection herewithTransaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 50,000.00 Purchase Price: $ 250,000.00 50,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX INNOVUS PHARMACEUTICALS, INC. By: Name: Xxxxxxx /s/ Xxxxxx Xxxxx Title: Xxxxxx Xxxxx, PhD Chief Financial Executive Officer THE BUYER: Vista Capital InvestmentsVISTA CAPITAL INVESTMENTS, LLC By: Name: /s/ Xxxxx X. Xxxxx Xxxxx Title: President X. Xxxxx Principal EXHIBIT A NOTE EXHIBIT BNOTE

Appears in 1 contract

Samples: Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other agreement delivered in connection herewithTransaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 38,500.00 Purchase Price: $ 250,000.00 35,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX INC. Arkados Group, Inc. By: Name: Xxxxxxx Xxxxx Title: /s/ Mx. Xxxxxxxx XxXxxxxx Mx. Xxxxxxxx XxXxxxxx Chief Financial Executive Officer THE BUYER: Vista Capital Investments, LLC Lxxxx Xxxxxx By: Name: Xxxxx Xxxxx Title: President /s/ Lxxxx Xxxxxx EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (Arkados Group, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other agreement delivered in connection herewithTransaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys' fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s 's power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 220,000.00 Purchase Price: $ 250,000.00 200,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX PURA NATURALS, INC. By: Name: :________________________________ Xxxxxx Xxxxxxx Xxxxx Title: Chief Financial Executive Officer THE BUYER: Vista Capital InvestmentsVISTA CAPITAL INVESTMENTS, LLC By: Name: :_________________________________ Xxxxx X. Xxxxx Title: President Principal EXHIBIT A NOTE EXHIBIT BNOTE

Appears in 1 contract

Samples: Securities Purchase Agreement (Pura Naturals, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other agreement delivered in connection herewithTransaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 275,000.00 220,000.00 Purchase Price: $ 250,000.00 100,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: BIOCORRX WINDSTREAM TECHNOLOGIES, INC. By: Name: Xxxxxxx /s/ Dxxxxx Xxxxx Title: Chief Financial Officer Dxxxxx Xxxxx, CEO THE BUYER: Vista Capital InvestmentsVISTA CAPITAL INVESTMENTS, LLC By: Name: /s/ Dxxxx X. Xxxxx Xxxxx Title: Dxxxx X. Xxxxx, President EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (Windstream Technologies, Inc.)

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