Common use of Attorneys’ Fees, Costs and Expenses Clause in Contracts

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 369 contracts

Samples: Loan and Security Agreement (Couchbase, Inc.), Loan and Security Agreement (BioAge Labs, Inc.), Loan and Security Agreement (Weave Communications, Inc.)

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Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 94 contracts

Samples: Loan and Security Agreement (Witness Systems Inc), Loan and Security Agreement (Isis Pharmaceuticals Inc), Loan and Security Agreement (Quicklogic Corporation)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 72 contracts

Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (GSV Capital Corp.), Loan and Security Agreement (Cognigen Networks Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 33 contracts

Samples: Loan and Security Agreement (Anda Networks Inc), Loan and Security Agreement (Internap Network Services Corp/Wa), Loan and Security Agreement (Cosine Communications Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 24 contracts

Samples: Loan and Security Agreement (Nebula Caravel Acquisition Corp.), Loan and Security Agreement (TerraVia Holdings, Inc.), Loan and Security Agreement (Quantenna Communications Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower Borrowers and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 20 contracts

Samples: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (GOOD TECHNOLOGY Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower any Credit Party and Bank the Collateral Agent or any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 18 contracts

Samples: Loan Agreement (LumiraDx LTD), Fifteenth Amendment (LumiraDx LTD), Loan Agreement (LumiraDx LTD)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 14 contracts

Samples: Subordinate Loan and Security Agreement (S&W Seed Co), Subordinate Loan and Security Agreement (S&W Seed Co), Subordinate Loan and Security Agreement (S&W Seed Co)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 12 contracts

Samples: Loan and Security Agreement (Jamdat Mobile Inc), Loan and Security Agreement (Preview Systems Inc), Intellectual Property Security Agreement (Perficient Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower any Credit Party and Bank Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 9 contracts

Samples: Loan Agreement, Loan Agreement (Biodelivery Sciences International Inc), Guaranty and Security Agreement (Amicus Therapeutics Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower Co-Borrowers and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 9 contracts

Samples: Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Verona Pharma PLC), Mezzanine Loan and Security Agreement (Upstart Holdings, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between any Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 7 contracts

Samples: Loan and Security Agreement (Overland Storage Inc), Loan and Security Agreement (Comverge, Inc.), Loan and Security Agreement (Covad Communications Group Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Lenders arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 7 contracts

Samples: Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, including without limitation its reasonable attorneys’ fees and other costs and expenses incurred at trial, on appeal and in any arbitration or bankruptcy proceeding.

Appears in 6 contracts

Samples: Loan and Security Agreement (Jive Software, Inc.), Loan and Security Agreement (Otix Global, Inc.), Loan and Security Agreement (Sonic Innovations Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 5 contracts

Samples: Loan and Security Agreement (Click2learn Com Inc), Loan and Security Agreement (Sigmatel Inc), Loan and Security Agreement (Pharsight Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower among Borrowers and Bank Secured Party arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 5 contracts

Samples: Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement, Loan and Security Agreement (Expensify, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Agent arising out of or relating to the Loan Documents, Documents the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 5 contracts

Samples: Loan and Security Agreement (Hansen Medical Inc), Term Loan and Security Agreement (Cavium Networks), Loan Modification Agreement (Infinera Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between any Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 5 contracts

Samples: Loan and Security Agreement (Global Telecom & Technology, Inc.), Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Manugistics Group Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating related to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 5 contracts

Samples: Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (Paradigm Holdings, Inc), Loan and Security Agreement (Ocz Technology Group Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 5 contracts

Samples: Loan and Security Agreement (Object Design Inc), Loan and Security Agreement (Smarterkids Com Inc), Loan and Security Agreement (Learningstar Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, Documents the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 4 contracts

Samples: Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Digital Impact Inc /De/)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable and documented attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 4 contracts

Samples: Loan and Security Agreement (Biodesix Inc), Loan and Security Agreement (Satsuma Pharmaceuticals, Inc.), Loan and Security Agreement (Tintri, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Collateral Agent and/or any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Loan and Security Agreement (Iterum Therapeutics PLC), Loan and Security Agreement, Loan and Security Agreement (Supernus Pharmaceuticals Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurredincurred at trial, on appeal and in any arbitration or bankruptcy proceeding, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Loan and Security Agreement (Zars Inc/Ut), Loan and Security Agreement (Omniture, Inc.), Loan and Security Agreement (Advanced Power Technology Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower any Credit Party and Bank Administrative Agent and/or any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Loan and Security Agreement (Horizon Pharma, Inc.), Loan and Security Agreement (Horizon Pharma, Inc.), Loan and Security Agreement (Horizon Pharma, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between any Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Loan and Security Agreement (Immunicon Corp), Loan and Security Agreement (Manugistics Group Inc), Loan Agreement (Manugistics Group Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between a Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Advanced Photonix Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank among Borrower, Lender, and/or Agent arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Loan and Security Agreement (Taysha Gene Therapies, Inc.), Loan and Security Agreement (Alpha Healthcare Acquisition Corp.), Loan and Security Agreement (Axonics, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between ----------------------------------- Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 3 contracts

Samples: Loan and Security Agreement (Aml Communications Inc), Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and any Guarantor, on the one hand, and Bank on the other, arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Loan and Security Agreement (Radisys Corp), Loan and Security Agreement (3PAR Inc.), Loan and Security Agreement (Radisys Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank any Agent or any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Loan and Security Agreement (LendingClub Corp), Loan and Security Agreement (LendingClub Corp), Loan and Security Agreement (LendingClub Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Agent and/or Lenders arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Loan Modification Agreement (Meru Networks Inc), Loan and Security Agreement (DemandTec, Inc.), Loan Modification Agreement (Meru Networks Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Administrative Agent or any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Zogenix, Inc.), Loan and Security Agreement (LendingClub Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitledentitled .

Appears in 2 contracts

Samples: Loan and Security Agreement (Smart Move, Inc.), Loan and Security Agreement (Smart Move, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall may be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Tivo Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled. Notwithstanding the foregoing, no party hereto shall be entitled to any consequential, punitive or special damages.

Appears in 2 contracts

Samples: Loan and Security Agreement (TRIA Beauty, Inc.), Loan and Security Agreement (TRIA Beauty, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower Borrowers and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Animas Corp), Loan and Security Agreement (Ramtron International Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Agent or the Lenders arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Phathom Pharmaceuticals, Inc.), Loan and Security Agreement (Phathom Pharmaceuticals, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower among Borrowers and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Minerva Surgical Inc), Loan and Security Agreement (Vapotherm Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Borrower, Agent and/or Lenders arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Avalara Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between any Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 2 contracts

Samples: Loan and Security Agreement by And (Kanbay International Inc), Loan and Security Agreement by And (Kanbay International Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between any Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 2 contracts

Samples: Loan and Security Agreement (Blackboard Inc), Loan and Security Agreement (Blackboard Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower one or more Borrowers and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sciclone Pharmaceuticals Inc), Loan and Security Agreement (Sciclone Pharmaceuticals Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Collateral Agent or any Lender arising out of or relating to the Loan Documents, Documents the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cadence Pharmaceuticals Inc), Loan and Security Agreement (Cadence Pharmaceuticals Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower among Loan Parties and Bank Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Aspen Group, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Agent or any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Scynexis Inc), Loan and Security Agreement (Dova Pharmaceuticals Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Lender arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Networth Technologies, Inc.), Loan and Security Agreement (Winwin Gaming Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ attorneys fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cardiac Science Inc), Loan and Security Agreement (Actuate Software Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding ----------------------------------- between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled., whether or not a lawsuit is filed. 13 DEFINITIONS -----------

Appears in 2 contracts

Samples: Loan and Security Agreement (Phase2media Inc), Loan and Security Agreement (LTX Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between either Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Silicon Valley Bank Loan and Security Agreement (Global Telecom & Technology, Inc.), Loan and Security Agreement (Global Telecom & Technology, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.. 12.11

Appears in 2 contracts

Samples: Loan and Security Agreement (Luna Innovations Inc), Loan and Security Agreement (Alpine Immune Sciences, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable documented out-of-pocket attorneys’ fees and other reasonable documented out-of-pocket costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Zendesk, Inc.), Loan and Security Agreement (Zendesk, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank any one or more of Lender and any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Complete Genomics Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between (i) Borrower and Bank (ii) Collateral Agent and/or any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Nalu Medical, Inc.), Loan and Security Agreement (Nalu Medical, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank any Lender arising out of or relating to the Loan Documents, Documents the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (TorreyPines Therapeutics, Inc.), Loan and Security Agreement (Cadence Pharmaceuticals Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Borrowers, Collateral Agent and/or Lenders arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Alphatec Holdings, Inc.), Loan and Security Agreement (Alphatec Holdings, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ attorneys fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, Documents the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Equinix Inc), Loan and Security Agreement (Equinix Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower one or more Credit Parties and Bank Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Ikanos Communications, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower among Borrower, the Agent and Bank any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Transgenomic Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Borrower, Collateral Agent and/or Lenders arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Ardea Biosciences, Inc./De)

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Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Borrower, Collateral Agent and/or Lenders arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Hyperion Therapeutics Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses actually incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Concurrent Computer Corp/De)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Credit Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Credit Reimbursement Agreement (Finisar Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Saba Software Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower the Credit Parties and Bank Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable and documented attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Mission Property Holdings LLC)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank ----------------------------------- arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 1 contract

Samples: Loan and Security Agreement (Exodus Communications Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between the Borrower and Bank InnoVen arising out of or relating to the Loan Documents, the prevailing party Party shall be entitled to recover its reasonable attorneys’ attorney’s fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Term Loan Agreement

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating related to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (I/Omagic Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Lender arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Senorx Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower any Obligor and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan Agreement (Luna Innovations Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 1 contract

Samples: Loan and Security Agreement (Intrusion Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees attorneys’fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.. 13 DEFINITIONS 13.1

Appears in 1 contract

Samples: Loan and Security Agreement (Tanisys Technology Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.. DEFINITIONS

Appears in 1 contract

Samples: Loan and Security Agreement (Endocardial Solutions Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Agent or any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable documented attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Eidos Therapeutics, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (S&W Seed Co)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower among Borrower, Agent, and Bank the Lenders arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable and documented out-of-pocket attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Grove Collaborative Holdings, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between a Borrower and Bank Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (WaferGen Bio-Systems, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.. 13

Appears in 1 contract

Samples: Loan and Security Agreement (Corillian Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower Borrowers, or either Borrower, and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (BK Technologies Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower Borrowers and Bank Agent or any Lender arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 1 contract

Samples: Loan and Security Agreement (Perficient Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank either or both Banks arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 1 contract

Samples: Loan Agreement (Advanced Energy Industries Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Agent or any Lender arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Credit Agreement (Internap Network Services Corp/Wa)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank Agent arising out of or relating to the Loan Documents, Documents the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Netezza Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank the Agent or any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Anesiva, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower a Debtor and Bank Secured Party arising out of or relating to the Loan Financing Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Security Agreement (Planetout Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank any one or more of Collateral Agent and any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Complete Genomics Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank any of the parties hereto arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (EnteroMedics Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.. l3 DEFINITIONS

Appears in 1 contract

Samples: Loan and Security Agreement (Lantronix Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower among Loan Parties and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (PROCEPT BioRobotics Corp)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.. DEFINITIONS

Appears in 1 contract

Samples: Loan and Security Agreement (Therma Wave Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower among Borrower, Agent, and Bank the Lenders arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Velo3D, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Borrowers, Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Alphatec Holdings, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank any Lender and/or Collateral Agent arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Clearside Biomedical, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding ------------------------------------- between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled, whether or not a lawsuit is filed.

Appears in 1 contract

Samples: Loan and Security Agreement (Bio Imaging Technologies Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank any Lender arising out of or relating to the Loan Documents, Documents the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (SGX Pharmaceuticals, Inc.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating related to any of the Loan Documents, including any Insolvency Proceeding or any adversary proceeding or contested matter therein, the prevailing party shall will be entitled to recover its reasonable attorneys' fees and other reasonable costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Crossworlds Software Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.. 11.17

Appears in 1 contract

Samples: Loan and Security Agreement (Innovid Corp.)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between either Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable and documented attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

Attorneys’ Fees, Costs and Expenses. In any action or proceeding between (i) Borrower and Bank (ii) Collateral Agent and/or any Lender arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable and invoiced attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

Appears in 1 contract

Samples: Loan and Security Agreement (Ignyta, Inc.)

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