Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 358 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement, Series B Preferred Stock Purchase Agreement
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 347 contracts
Samples: Investor Rights Agreement (Contineum Therapeutics, Inc.), Registration Rights Agreement (Metagenomi, Inc.), Investors’ Rights Agreement
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 269 contracts
Samples: Shareholder Agreements, Right of First Offer and Co Sale Agreement, Membership Interest Purchase Agreement (GolfSuites 1, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 193 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Helix TCS, Inc.), Contingent Equity Agreement (ViewRay, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 85 contracts
Samples: Investors’ Rights Agreement (Opti-Harvest, Inc.), Investors’ Rights Agreement (Opti-Harvest, Inc.), Investors’ Rights Agreement (Opti-Harvest, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement or any Related Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement and/or such Related Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 60 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Micro Component Technology Inc)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including, without limitation, to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 40 contracts
Samples: Convertible Promissory Note Subscription Agreement, Convertible Promissory Note Subscription Agreement, Investor Rights Agreement (Aclarion, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 28 contracts
Samples: Stock Purchase Agreement Amendment (Emerging Fuels Technology, Inc.), Note Purchase Agreement (Laredo Oil, Inc.), Resale Registration Rights Agreement (NantHealth, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 27 contracts
Samples: Investors’ Rights Agreement (Surrozen, Inc./De), Common Stock Option Agreement (RMG Acquisition Corp. III), Common Stock Option Agreement (RMG Acquisition Corp. III)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 23 contracts
Samples: First Refusal and Co Sale Agreement (PureTech Health PLC), First Refusal and Co Sale Agreement (PureTech Health PLC), First Refusal and Co Sale Agreement (PureTech Health PLC)
Attorneys’ Fees. In the event that The prevailing Party in any suit dispute or action is instituted claim relating to enforce any provision in or arising out of this Agreement, the prevailing party in such dispute Agreement shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeany nature or kind (including, without limitation, all fees, costs attorney’s fees and expenses of appealsexpenses) incurred in any such dispute or claim.
Appears in 18 contracts
Samples: Employment Agreement (PROS Holdings, Inc.), Employment Agreement (PROS Holdings, Inc.), Employment Agreement (PROS Holdings, Inc.)
Attorneys’ Fees. In the event that any suit or action Action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 15 contracts
Samples: Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitationincluding, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 13 contracts
Samples: Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, Inc.)
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 13 contracts
Samples: Merger Agreement (LMF Acquisition Opportunities Inc), Registration Rights Agreement (LMF Acquisition Opportunities Inc), Merger Agreement (LMF Acquisition Opportunities Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 10 contracts
Samples: Stock Purchase Agreement (Propell Technologies Group, Inc.), Investor Rights Agreement (Aviall Inc), Exclusive Component Supply Agreement (Tag It Pacific Inc)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 10 contracts
Samples: Warrant Exchange Agreement (Tengion Inc), Warrant Exchange Agreement (Tengion Inc), Warrant Exchange Agreement (Tengion Inc)
Attorneys’ Fees. In If any dispute among the event that any suit or action is instituted parties to enforce any provision this Agreement results in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which that shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 10 contracts
Samples: Investor Rights Agreement (Structure Therapeutics Inc.), Registration Rights Agreement (Oportun Financial Corp), Investor Rights Agreement (ShouTi Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses expense of appeals.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Cv Therapeutics Inc), Loan Agreement (Cv Therapeutics Inc), Common Stock and Warrant Purchase Agreement (Discovery Laboratories Inc /De/)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall will be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementAgreement including, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall will include, without limitation, all fees, costs and expenses of appeals.
Appears in 9 contracts
Samples: Investors Rights Agreement (Oregon Baking Co Dba Marsee Baking), Series J Preferred Stock Purchase Agreement (Emed Technologies Corp), Securities Purchase Agreement (Emed Technologies Corp)
Attorneys’ Fees. In case of any action or proceeding to compel compliance with, or for a breach of, any of the event that any suit or action is instituted to enforce any provision in terms and conditions of this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under action or with respect to this Agreementproceeding, including without limitationincluding, such but not limited to, reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all attorneys’ fees, costs and expenses of appeals.
Appears in 9 contracts
Samples: Engagement Letter (Neurmedix, Inc.), Consulting Agreement (Adomani, Inc.), Consulting Agreement (Adomani, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Immix Biopharma, Inc.), Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.), Securities Purchase Agreement (Cardiff Oncology, Inc.)
Attorneys’ Fees. In the event that any suit dispute among the Parties arising from or action is instituted in relation to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Samples: Series a Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Right of First Refusal and Co Sale Agreement (Nobao Renewable Energy Holdings LTD), Series a 1 Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD)
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Samples: Investors’ Rights Agreement (Pubmatic, Inc.), Investors’ Rights Agreement (Pubmatic, Inc.), Voting Agreement (Diversified Restaurant Holdings, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Samples: Registration Rights Agreement (Combinatorx, Inc), Common Stock Purchase Agreement (Pentastar Communications Inc), Investor Rights Agreement (Gp Strategies Corp)
Attorneys’ Fees. In the event that any suit or action is ---------------- instituted to enforce any provision in this Agreement or any Related Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement and/or such Related Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Elec Communications Corp), Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (New Century Energy Corp.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 6 contracts
Samples: Convertible Promissory Note Purchase Agreement (Rivian Automotive, Inc. / DE), Registration Rights Agreement (Maxeon Solar Technologies, Ltd.), Registration Rights Agreement (Maxeon Solar Technologies, Ltd.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs costs, and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs costs, and expenses of appeals.
Appears in 6 contracts
Samples: Managed Services Agreement, Managed Services Agreement, Securities Purchase Agreement (Mihaylo Steven G)
Attorneys’ Fees. In the event that If any suit or action is instituted party to this Agreement seeks to enforce any provision in the terms and provisions of this Agreement, then the prevailing party in such dispute action shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of in connection with such prevailing party under or with respect to this Agreementaction, including without limitation, such limitation reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all attorneys' fees, expenses and costs incurred at the trial court and expenses of appealsall appellate levels.
Appears in 6 contracts
Samples: Dealer Agreement, Distributor/Dealer Agreement, Stock Purchase Agreement (Ameripath Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Rights Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Rights Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 6 contracts
Samples: Note Purchase Agreement (Quokka Sports Inc), Investor Rights Agreement (Triangle Pharmaceuticals Inc), Investor Rights Agreement (Triangle Pharmaceuticals Inc)
Attorneys’ Fees. In the event that any suit or action is instituted brought to enforce any provision in this Agreement, the substantially prevailing party in such dispute shall will be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such substantially prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall will include, without limitation, all fees, costs and expenses of appeals.
Appears in 6 contracts
Samples: Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including, without limitation, to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 6 contracts
Samples: Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Right of First Refusal and Co Sale Agreement (Connecture Inc), Investor Rights Agreement (Connecture Inc), Right of First Refusal and Co Sale Agreement (Connecture Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute between the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Director Agreement (Priority Technology Holdings, Inc.), Consulting Services Agreement (Priority Technology Holdings, Inc.), Employment Agreement (Priority Technology Holdings, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the Parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Irrevocable Voting Agreement and Proxy (CombiMatrix Corp), Irrevocable Voting Proxy (Sakys John V), Irrevocable Voting Proxy (Isonics Corp)
Attorneys’ Fees. In the event that any suit or action is instituted brought to enforce any provision in this Agreement, the substantially prevailing party in such dispute shall will be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such substantially prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall will include, without limitation, all fees, costs and expenses of appealsappeal.
Appears in 5 contracts
Samples: Employment Agreement (Scripps Safe, Inc.), Employment Agreement (Zynex Inc), Employment Agreement (Zynex Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this AgreementDeed, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Management Rights Deed of Agreement, Management Rights Deed of Agreement (Amarin Corp Plc\uk), Management Rights Deed of Agreement (Sofinnova Venture Partners Vii L P)
Attorneys’ Fees. In the event that of any suit dispute, action, or action is instituted to enforce any provision in other proceeding brought by either party against the other under this AgreementSenior Note, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of incurred in connection with such prevailing party under dispute, action, or with respect to this Agreementother proceeding, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all feesthe fees and costs of its attorneys, costs and expenses of appealswhether or not such dispute, action, or other proceeding proceeds to formal resolution or judgment.
Appears in 5 contracts
Samples: Settlement Agreement (Naturewell Inc), Senior Note (Naturewell Inc), Settlement Agreement (Naturewell Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the Parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Registration Rights Agreement (Sohu Com Inc), Registration Rights Agreement (Sogou Inc.), Registration Rights Agreement (Sogou Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementAgreement and the agreements, documents and instruments contemplated hereby and executed pursuant hereto, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Series F Preferred Stock Purchase Agreement, Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc), Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision --------------- this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Stockholders Agreement (American Cellular Corp /De/), Investor Rights Agreement (Megabios Corp), Stockholders Agreement (American Cellular Corp /De/)
Attorneys’ Fees. In Subject to Section 5.15, in the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement, Investor Rights Agreement (Stitch Fix, Inc.)
Attorneys’ Fees. In the event that any suit or action Proceeding is instituted under or in relation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing or defending any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, accountants (which shall include, without limitation, all fees, costs and expenses of appeals).
Appears in 5 contracts
Samples: Investors’ Rights Agreement (IMH Financial Corp), Investors’ Rights Agreement, Investors’ Rights Agreement (IMH Financial Corp)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Note should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementNote, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Stock Pledge Agreement (Winc, Inc.), Stock Pledge Agreement (Winc, Inc.), Stock Pledge Agreement (Winc, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the Parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Development Services Agreement (Humbl, Inc.), Development Services Agreement (Humbl, Inc.), Development Services Agreement (Humbl, Inc.)
Attorneys’ Fees. In the event that any arbitration, suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Registration Rights Agreement, Registration Rights Agreement (EPAM Systems, Inc.), Registration Rights Agreement (EPAM Systems, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement, Common Stock Purchase Agreement
Attorneys’ Fees. In the event that If any suit action at law or action in equity is instituted necessary to enforce any provision in or interpret the terms of this Agreement, including an arbitration, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Subscription and Contribution Agreement (Clearsign Combustion Corp), Subscription and Contribution Agreement (Clearsign Combustion Corp), Subscription and Contribution Agreement (Clearsign Combustion Corp)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals. With respect to the Company this Section 7.13 is subject to what is permitted under applicable law.
Appears in 4 contracts
Samples: Securities Investment and Subscription Agreement (Ener1 Inc), Securities Investment and Subscription Agreement (Ener1 Inc), Securities Investment and Subscription Agreement (Ener1 Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Voting Agreement (Cvent Inc), Stockholders’ Agreement (Cvent Inc), Investors’ Rights Agreement (Cvent Inc)
Attorneys’ Fees. In the event that If any suit or action is instituted party to this Agreement seeks to enforce any provision in the terms and provisions of this Agreement, then the prevailing party in such dispute action shall be entitled to recover from the losing party all costs in connection with such action, including without limitation reasonable attorneys’ fees, expenses and costs and expenses of enforcing any right of such prevailing party under or incurred with respect to this Agreementtrials, including without limitation, such reasonable fees appeals and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealscollection.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Care Concepts I Inc /Fl/), Merger Agreement (Ameripath Inc), Stock Purchase Agreement (Optical Concepts of America Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals. In the event of a settlement, each party shall bear its own fees, costs and expenses unless otherwise directed by a court of competent jurisdiction.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Numerex Corp /Pa/), Securities Purchase Agreement (Numerex Corp /Pa/), Securities Purchase Agreement (Numerex Corp /Pa/)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Shareholders Agreement, Shareholders Agreement (iKang Healthcare Group, Inc.), Series a Preferred Stock Purchase Agreement (Pemstar Inc)
Attorneys’ Fees. In the event that any suit dispute among the parties under or action is instituted with respect to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Founder Stock Purchase Agreement (Drax, Industries Inc.), Founder Stock Purchase Agreement (Oilfield Safety Holdings Inc), Founder Stock Purchase Agreement (Barrier 4, Inc.)
Attorneys’ Fees. In the event that any suit action or action is instituted proceeding to enforce any provision in of the terms or provisions of this AgreementAgreement or on account of the breach hereof, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesits expenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all fees, costs and expenses of appealsreasonable attorney's fees from the other party.
Appears in 4 contracts
Samples: Distribution and Service Agreement (Adstar Com Inc), Distribution and Service Agreement (Adstar Com Inc), Distribution Agreement (Adstar Com Inc)
Attorneys’ Fees. In the event that any suit or action is instituted brought to enforce any provision in this Agreement, the substantially prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such substantially prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Legal Release of Claims (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing non-prevailing party all fees, out-of-pocket costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, reasonable out-of-pocket costs and expenses of appeals.
Appears in 3 contracts
Samples: Investor Rights Agreement (Inozyme Pharma, Inc.), Investor Rights Agreement (Inozyme Pharma, Inc.), Investor Rights Agreement (Inozyme Pharma, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement or any Related Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement and/or such Related Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Note Purchase Agreement (usell.com, Inc.), Note Purchase Agreement (usell.com, Inc.), Note Purchase Agreement (GreenHunter Resources, Inc.)
Attorneys’ Fees. In If any action shall be instituted by either QWEST or FRONTIER for the event that enforcement or interpretation of any suit of its rights, remedies or action is instituted to enforce any provision obligations in or under this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such incurred by the prevailing party under or with respect to this Agreementin such action and any appeal therefrom, including without limitation, such reasonable attorneys' fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, court costs and expenses of appealsto be fixed by the court therein.
Appears in 3 contracts
Samples: Iru Agreement (Frontier Corp /Ny/), Iru Agreement (Qwest Communications International Inc), Iru Agreement (Qwest Communications International Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the Parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Call Option Agreement (Mh&sc, Inc), Put Option Agreement (Robcor Properties Inc), Put Option Agreement (MGCC Investment Strategies Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investors Rights Agreement (Oculus Innovative Sciences, Inc.), Investors Rights Agreement (Oculus Innovative Sciences, Inc.), Investors' Rights Agreement (Raptor Networks Technology Inc)
Attorneys’ Fees. In the event that any suit or action is instituted with respect to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Securities Purchase Agreement (InZon CORP), Securities Purchase Agreement (Netguru Inc), Securities Purchase Agreement (Netguru Inc)
Attorneys’ Fees. In the event that of any suit dispute hereunder or of any action is instituted to interpret or enforce this Agreement, any provision in this Agreementhereof or any matter arising here from, the prevailing party in such dispute shall be entitled to recover from the losing party all its reasonable costs, fees and expenses, including, but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all other professional fees, costs and expenses of appealswhether suit be brought or not, and whether in settlement, in any declaratory action, at trial or on appeal.
Appears in 3 contracts
Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement (Florida Public Utilities Co), Real Estate Purchase Agreement (Florida Public Utilities Co)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsaccountants actually incurred, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Medical Technology Systems Inc /De/), Tag Along Agreement (Medical Technology Systems Inc /De/), Tag Along Agreement (Medical Technology Systems Inc /De/)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all reasonable fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, unless payment for such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsis otherwise provided for under this Agreement.
Appears in 3 contracts
Samples: Investment Agreement (Sk Technologies Corp), Acquisition Agreement (Bidville Inc), Acquisition Agreement (Sk Technologies Corp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investor Rights Agreement (Blue Marble Energy Corp), Right of First Refusal and Co Sale Agreement (Blue Marble Energy Corp), Voting Agreement (Blue Marble Energy Corp)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investor Rights Agreement (Sherbrooke Partners, LLC), Investor Rights Agreement (Mark Capital LLC), Investor Rights Agreement (Afem Medical Corp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the substantially prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsappeal.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Aehr Test Systems), Common Stock Purchase Agreement (Aehr Test Systems), Securities Purchase Agreement (Ista Pharmaceuticals Inc)
Attorneys’ Fees. 11.1 In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Subscription Agreement (Genesis Biopharma, Inc), Subscription Agreement (Genesis Biopharma, Inc), Subscription Agreement (Genesis Biopharma, Inc)
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Series a 2 Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.), Series a 2 Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.), Series a 2 Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.)
Attorneys’ Fees. In the event that any suit If suit, action or action arbitration is instituted brought to enforce or interpret any provision in of this Agreement, or the rights or obligations of any Party hereto as they relate to the subject matter of this Agreement, the prevailing party in such dispute Party shall be entitled to recover from the losing party recover, as an element of such Party's costs of suit, and not as damages, all fees, reasonable costs and expenses of enforcing any right of such prevailing party under incurred or with respect to this Agreement, including without sustained by limitation, such reasonable attorneys' fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealscourt costs.
Appears in 3 contracts
Samples: Referral Fee Agreement (Solutionsamerica Inc), Referral Agreement (Solutionsamerica Inc), Referral Fee Agreement (Solutionsamerica Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (U-Mind Space, Inc.), Series D Preferred Stock Purchase Agreement (Bioform Medical Inc), Class C Common Stock and Note Purchase Agreement (Luna Innovations Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in of this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Omneon Video Networks, Inc.), Investor Rights Agreement (Omneon Video Networks, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in of this AgreementAgreement or the Notes (collectively, the “Related Instruments”), the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Mezz Note Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Note Purchase Agreement (Gemphire Therapeutics Inc.), Note Purchase Agreement (Gemphire Therapeutics Inc.)
Attorneys’ Fees. In Subject to Section 3.4(b), in the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Merger Agreement (Ophthalmic Imaging Systems), Merger Agreement (Ophthalmic Imaging Systems), Voting Agreement (Ophthalmic Imaging Systems)
Attorneys’ Fees. In the event that any suit or action is instituted --------------- to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Registration Rights Agreement (Genstar Therapeutics Corp), Investors' Rights Agreement (Us Search Corp Com), Registration Rights Agreement (Genstar Therapeutics Corp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable and actually incurred fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD)
Attorneys’ Fees. In the event that If any suit or action is instituted under or in relation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing such suit or action (including any right of such prevailing party under or with respect to this Agreementappeals), including without limitation, such the reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Series C Preferred Stock Purchase Agreement, Series C Preferred Stock Purchase Agreement (Fulcrum Bioenergy Inc), Voting Agreement (Document Security Systems Inc)
Attorneys’ Fees. In the event that If any suit legal action arises under this Agreement or action is instituted to enforce by reason of any provision in this Agreementasserted breach of it, the prevailing party in such dispute shall be entitled to recover from the losing party all costs and expenses, including reasonable attorney's fees, incurred in enforcing or attempting to enforce any of the terms, covenants, or conditions, including costs incurred prior to commencement of legal action, and all costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreementexpenses, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all attorney's fees, costs and expenses incurred in any appeal from an action brought to enforce any of appealsthe terms, covenants, or conditions.
Appears in 3 contracts
Samples: Employment Agreement (Steri Oss Inc), Employment Agreement (Steri Oss Inc), Employment Agreement (Steri Oss Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees fees, and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investors' Rights Agreement (Vastera Inc), Investors' Rights Agreement (Vastera Inc), Stock Transfer Agreement (Vastera Inc)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Warrant, including without limitation to enforce any provision in this AgreementWarrant, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementWarrant, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Private Equity Loan Agreement (Upholstery International, Inc.), Private Equity Loan Agreement (Upholstery International, Inc.), Debenture and Warrant Purchase Agreement (Airbee Wireless, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such limitation reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, accountants and all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Shareholder Agreement (Vanguard Health Systems Inc), Shareholder Agreement (VHS of Anaheim Inc), Shareholder Agreement (Vanguard Health Systems Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitationincluding, but not limited to, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investor Rights Agreement (Grande Communications Holdings, Inc.), Investor Rights Agreement (Grande Communications Holdings, Inc.), Investor Rights Agreement (Grande Communications Holdings, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including, without limitation, to enforce any provision in this Agreement, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Joint Venture Agreement (iPower Inc.), Joint Venture Agreement (iPower Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Northumberland Resources, Inc.), Common Stock Purchase Agreement (Northumberland Resources, Inc.)
Attorneys’ Fees. In the event that If it becomes necessary for any suit or action is instituted party to enforce any provision in this Agreement, with or without suit, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, reasonable costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreementthereof, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all attorneys' fees, costs and expenses of appealsagainst the losing party.
Appears in 2 contracts
Samples: Management Services Agreement (Red Sky Resources Inc.), Management Services Agreement (Furio Resources Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementa legal proceeding, the prevailing party in such dispute shall be entitled to recover from the losing party other party(ies) to such dispute, all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Rights Agreement (Bigstar Entertainment Inc /Ny), Investors Rights Agreement (Capstone Turbine Corp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Contribution Agreement (usell.com, Inc.), Services Agreement (usell.com, Inc.)
Attorneys’ Fees. In the event that If any suit or legal action is instituted necessary to enforce any provision in hereof or to recover damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party in such dispute shall be entitled to recover receive from the losing party all fees, costs and expenses and such amount as the court may adjudge to be reasonable attorneys' fees for the costs incurred or the value of enforcing any right of such legal services received by the prevailing party under in such action or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsproceeding.
Appears in 2 contracts
Samples: Concession Agreement, Lease Agreement
Attorneys’ Fees. In the event that If any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Stock Purchase and Sale Agreement (Xcelerate, Inc.), Registration Rights Agreement (Startek Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall will be entitled to recover from the losing party all fees, costs and expenses expense of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall will include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Common Stock Subscription Agreement (Amerigon Inc), Common Stock Subscription Agreement (Amerigon Inc)
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision in this Agreement, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party(ies) all reasonable fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Oryx Technology Corp), Series B 1 Preferred Stock Purchase Agreement (Oryx Technology Corp)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the substantially prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such substantially prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Investor Rights Agreement (Zulily, Inc.), Investor Rights Agreement (Zulily, Inc.)
Attorneys’ Fees. In the event that any suit action at law or action is instituted in equity to enforce any provision in of the provisions or rights under this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing unsuccessful party all feescosts, costs expenses and expenses of enforcing any right of such reasonable attorney's fees incurred therein by the prevailing party under or with respect to this Agreement(including, including without limitation, such reasonable costs, expenses and fees on any appeals), and expenses if such prevailing party shall recover judgment in any such action or proceeding, such costs, expenses, including those of attorneys expert witnesses and accountants, which shall include, without limitation, all attorney's fees, costs and expenses shall be included as part of appealsthe judgment.
Appears in 2 contracts
Samples: Purchase Agreement, Settlement Agreement (TransBiotec, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Humbl, Inc.), Membership Interest Purchase Agreement (Cabinet Grow, Inc.)
Attorneys’ Fees. In the event that any suit or action at law or in equity (including arbitration) is instituted under or in relation to this Agreement, including, without limitation, to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Acquisition and Strategic Collaboration Agreement (Salarius Pharmaceuticals, Inc.), Common Stock Purchase Agreement (Seelos Therapeutics, Inc.)
Attorneys’ Fees. In the event that any suit Proceeding at law or action in equity (including arbitration) is instituted to enforce or interpret any provision in of the terms or provisions of this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all such reasonable fees, costs costs, expenses and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses necessary disbursements of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Stockholders' Agreement (PCF 1, LLC), Merger Agreement (Neulion, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Right of First Offer Agreement (Liberty Global, Inc.), Right of First Offer Agreement (Liberty Global, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such such
8. reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: License Agreement (Genomatica Inc), License Agreement (Genomatica Inc)
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Series B 1 Preferred Stock Purchase Agreement (Oryx Technology Corp), Series B Preferred Stock Purchase Agreement (Oryx Technology Corp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party or parties in such dispute shall be entitled to recover from the losing party or parties all fees, costs and expenses of enforcing any right of such prevailing party or parties under or with respect to this AgreementAgreement (in addition to any other relief to which the prevailing party or parties may be entitled), including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Monaker Group, Inc.)
