Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 132 contracts
Samples: Registration Rights Agreement (Waystar Holding Corp.), Registration Rights Agreement (Waystar Holding Corp.), Registration Rights Agreement (Waystar Holding Corp.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 63 contracts
Samples: Registration Rights Agreement (Plum Creek Timber Co Inc), Registration Rights Agreement (Fpa Medical Management Inc), Registration Rights Agreement (Abgenix Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 59 contracts
Samples: Registration Rights Agreement (Madison Square Garden Entertainment Corp.), Registration Rights Agreement (Madison Square Garden Entertainment Corp.), Shareholder's and Registration Rights Agreement (Madison Square Garden Entertainment Corp.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 53 contracts
Samples: Note Repurchase Agreement, Registration Rights Agreement (Ibp Inc), Registration Rights Agreement (Aspen Enterprises International Holdings LTD)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 51 contracts
Samples: Registration Rights Agreement (Banctec Inc), Registration Rights Agreement (Overstock Com Inc), Purchase/Placement Agreement (Datapath Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 48 contracts
Samples: Settlement Agreement, Registration Rights Agreement (Memc Electronic Materials Inc), Registration Rights Agreement (Classic Cable Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 46 contracts
Samples: Operating Agreement (Pedevco Corp), Stockholder Agreement (Clinton Group Inc), Operating Agreement (Pedevco Corp)
Attorneys’ Fees. In As between the parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees actually incurred in addition to its costs and expenses and any other available remedy.
Appears in 44 contracts
Samples: Registration Rights Agreement (Beazer Homes Usa Inc), Registration Rights Agreement (Meritage Homes CORP), Registration Rights Agreement (Beazer Homes Usa Inc)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.
Appears in 35 contracts
Samples: Registration Rights Agreement (Freehold Properties, Inc.), Registration Rights Agreement (NewLake Capital Partners, Inc.), Registration Rights Agreement (Trinity Capital Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.
Appears in 31 contracts
Samples: Registration Rights Agreement (FCB Financial Holdings, Inc.), Registration Rights Agreement (FCB Financial Holdings, Inc.), Registration Rights Agreement (Bond Street Holdings Inc)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourts, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 26 contracts
Samples: Registration Rights Agreement (Ascent Energy Inc), Registration Rights Agreement (Ascent Energy Inc), Registration Rights Agreement (Leucadia National Corp)
Attorneys’ Fees. In As between the parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees actually incurred in addition to its costs and expenses and any other available remedy.
Appears in 23 contracts
Samples: Registration Rights Agreement (Beazer Homes Usa Inc), Registration Rights Agreement (Beazer Homes Texas Lp), Registration Rights Agreement (Wh Holdings Cayman Islands LTD)
Attorneys’ Fees. In As between the parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 20 contracts
Samples: Registration Rights Agreement (State Communications Inc), Registration Rights Agreement (Icn Pharmaceuticals Inc), Registration Rights Agreement (Cellnet Data Systems Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, and in any action or where any provision hereof is validly asserted as a defenseproceeding otherwise arising under or with respect to this Agreement, the successful prevailing party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 17 contracts
Samples: Call Agreement (Qurate Retail, Inc.), Call Agreement (Maffei Gregory B), Call Agreement
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 15 contracts
Samples: Registration Rights Agreement (Entercom Communications Corp), Stock Purchase Agreement (Entercom Communications Corp), Investment Agreement (Gleacher & Company, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful prevailing party shall, to the extent permitted by applicable law, such action or proceeding shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 12 contracts
Samples: Registration Rights Agreement (Worms & Co Inc), Registration Rights Agreement (America Service Group Inc /De), Securities Purchase Agreement (Worms & Co Inc)
Attorneys’ Fees. In If any action or proceeding is brought to enforce ---------------- any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 12 contracts
Samples: Registration Rights Agreement (Penn Octane Corp), Registration Rights Agreement (Penn Octane Corp), Registration Rights Agreement (Penn Octane Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 12 contracts
Samples: Consent Agreement (Rock of Ages Corp), Shareholder Agreement (First Nis Regional Fund Sicav), Merger Agreement (American Media Operations Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt or arbitrator(s), as the case may be, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.
Appears in 10 contracts
Samples: Registration Rights Agreement (Emerald Oil, Inc.), Securities Purchase Agreement (Emerald Oil, Inc.), Registration and Investor Rights Agreement (PostRock Energy Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 9 contracts
Samples: Registration Rights Agreement (Transatlantic Holdings Inc), Master Separation Agreement (American International Group Inc), Registration Rights Agreement (Transtexas Gas Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement or any Warrant, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees and disbursements in addition to its costs and expenses and any other available remedy.
Appears in 9 contracts
Samples: Common Stock Warrant Agreement (BioScrip, Inc.), Common Stock Warrant Agreement (BioScrip, Inc.), Master Warrant Agreement (Hancock Fabrics Inc)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as finally determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable and documented attorneys’ fees in addition to any other available remedy.
Appears in 8 contracts
Samples: Continuing Investor Registration Rights Agreement (NetSTREIT Corp.), Continuing Investor Registration Rights Agreement (NetSTREIT Corp.), Registration Rights Agreement (NetSTREIT Corp.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ , fees in addition to any other available remedy.
Appears in 8 contracts
Samples: Registration Rights Agreement (Golden Telecom Inc), Registration Rights Agreement (Global Telesystems Group Inc), Shareholders Agreement (Golden Telecom Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney's fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Contango ORE, Inc.), Exchange and Registration Rights Agreement (Abraxas Energy Partners LP), Series a Preferred Stock Subscription and Registration Rights Agreement (Rock Energy Resources, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 8 contracts
Samples: Management Services Agreement (Neiman Marcus Group LTD LLC), Management Services Agreement (Neiman Marcus Group LTD LLC), Management Services Agreement (Neiman Marcus Group LTD LLC)
Attorneys’ Fees. In any action or proceeding brought to --------------- enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 8 contracts
Samples: Registration Rights Agreement (Firearms Training Systems Inc), Registration and Put Rights Agreement (Western Micro Technology Inc /De), Exchange Agreement (Davel Communications Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees in addition to its costs and expenses and any other available remedy.
Appears in 8 contracts
Samples: Registration Rights Agreement (Dgse Companies Inc), Registration Rights Agreement (Dgse Companies Inc), Registration Rights Agreement (Neutra Corp.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 7 contracts
Samples: Registration Rights Agreement (Offshore Tool & Energy Corp), Registration Rights Agreement (Conrad Industries Inc), Registration Rights Agreement (Friede Goldman International Inc)
Attorneys’ Fees. In Should any action or proceeding be brought to enforce any provision the terms of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful prevailing party shall, to the extent permitted by applicable law, in any such action shall be entitled to recover reasonable attorneys’ fees incurred in the action in addition to any other available remedyremedies otherwise available.
Appears in 7 contracts
Samples: Trust Agreement (Heritage-Crystal Clean, Inc.), Unit Redemption Agreement (Heritage-Crystal Clean, Inc.), Unit Purchase and Sale Agreement (Heritage-Crystal Clean, Inc.)
Attorneys’ Fees. In any action or proceeding brought Action to enforce any provision provisions of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, Party shall be entitled to recover reasonable attorneys’ fees and disbursements in addition to its costs and expenses and any other available remedy.
Appears in 7 contracts
Samples: Separation Agreement, Transaction Agreement (PPL Energy Supply LLC), Merger Agreement (Tyco Flow Control International Ltd.)
Attorneys’ Fees. In any action or proceeding brought to enforce --------------- any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 7 contracts
Samples: Registration Rights Agreement (Data Processing Resources Corp), Registration Rights Agreement (E Trade Group Inc), Registration Rights Agreement (P Com Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 7 contracts
Samples: Merger Agreement (FVCBankcorp, Inc.), Merger Agreement (WashingtonFirst Bankshares, Inc.), Merger Agreement (Alliance Bankshares Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its reasonable costs and expenses and any other available remedy.
Appears in 7 contracts
Samples: Operating Agreement (Lexington Corporate Properties Trust), Operating Agreement (Lexington Corporate Properties Inc), Operating Agreement (Parkway Properties Inc)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.
Appears in 6 contracts
Samples: Registration Rights Agreement (Independence Contract Drilling, Inc.), Asset Contribution and Share Subscription Agreement (Independence Contract Drilling, Inc.), Registration Rights Agreement (Independence Contract Drilling, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce --------------- any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 6 contracts
Samples: Registration Rights Agreement (Frontier Airlines Inc /Co/), Registration Rights Agreement (Weeks Corp), Equity Registration Rights Agreement (Pacific Aerospace & Electronics Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 6 contracts
Samples: Management Registration Rights Agreement (American Restaurant Group Inc), Common Stock Appreciation Rights Agreement (Terex Corp), Securityholders' and Registration Rights Agreement (American Restaurant Group Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof of this Agreement is validly asserted as a defense, the successful party shallprevailing party, to the extent permitted as determined by applicable lawa court of competent jurisdiction, shall be entitled to recover reasonable and documented attorneys’ fees in addition to any other available remedy.
Appears in 6 contracts
Samples: Master Farm Management Services Agreement, Management Services Agreement (Petco Holdings Inc), Master Farm Management Services Agreement (Biopower Operations Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 6 contracts
Samples: License Agreement, License Agreement, License Agreement
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, will be entitled to recover reasonable attorneys’ attorney's fees in addition to any other available remedy.
Appears in 6 contracts
Samples: Registration Rights Agreement (Input Output Inc), Registration Rights Agreement (Input Output Inc), Registration Rights Agreement (SCF Iv Lp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney’s fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Contango ORE, Inc.), Exchange and Registration Rights Agreement (Abraxas Petroleum Corp), Subscription Agreement (Contango ORE, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees in addition to its costs and expenses and any other available remedy.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Genome Therapeutics Corp), Registration Rights Agreement (Transatlantic Holdings Inc), Registration Rights Agreement (Transatlantic Holdings Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable reasonably attorneys’ ' fees in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Fpa Medical Management Inc), Registration Rights Agreement (Fpa Medical Management Inc), Registration Rights Agreement (Fpa Medical Management Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees and expenses in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Multimedia Games Inc), Registration Rights Agreement (New York Restaurant Group Inc), Registration Rights Agreement (Multimedia Games Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees and expenses through all appeals in addition to any other available remedy.
Appears in 5 contracts
Samples: Merger Agreement (BBX Capital Corp), Merger Agreement (Bluegreen Corp), Merger Agreement (Woodbridge Holdings Corp (Formerly Levitt Corp))
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof herein is validly asserted as a defense, the successful prevailing party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees, including attorneys' fees for any appeal and costs incurred in bringing such action or proceeding, in addition to any other available remedy. A party shall be deemed to have been successful if such action or claim is concluded pursuant to a court order or final judgment which is not subject to appeal, a settlement agreement or dismissal of the principal claims.
Appears in 5 contracts
Samples: Stock Purchase and Share Exchange Agreement (Empire Global Corp.), Stock Purchase Agreement (Compliance Systems Corp), Stock Purchase Agreement (Compliance Systems Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, will be entitled to recover reasonable attorneys’ ' fees and related disbursements and expenses in addition to any other available remedy.
Appears in 5 contracts
Samples: Stockholders' and Registration Rights Agreement (Felcor Suite Hotels Inc), Registration Rights Agreement (Morgan Stanley Dean Witter & Co), Registration Rights Agreement (Bluegreen Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any --------------- provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Ba Merchant Services Inc), Stockholders' Agreement (Telecorp PCS Inc), Stockholders' Agreement (Telecorp Tritel Holding Co)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, will be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Realpage Inc), Registration Rights Agreement (Realpage Inc), Investor Rights Agreement (Inverness Medical Innovations Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees and all disbursements in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Spectrum Group International, Inc.), Limited Liability Company Agreement (Reckson Services Industries Inc), Limited Liability Company Agreement (Reckson Services Industries Inc)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ fees from the losing party in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Asset Capital Corporation, Inc.), Registration Rights Agreement (Matrix Bancorp Inc), Registration Rights Agreement (Lexington Strategic Asset Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover recover, and the court shall award, reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Hanover Compressor Co), Note Exchange Agreement (Dvi Inc), Content Provider Agreement (Ivi Publishing Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ ' fees and expenses in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Colony K W LLC), Registration Rights Agreement (Key Energy Group Inc), Registration Rights Agreement (Kennedy Wilson Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any --------------- provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, will be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (Greenmountain Com Co), Registration Rights Agreement (Arch Communications Group Inc /De/), Registration Rights Agreement (Greenmountain Com Co)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful -successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (NCS Multistage Holdings, Inc.), Registration Rights Agreement (NCS Multistage Holdings, Inc.), Registration Rights Agreement (PSAV, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ all attorney's fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Stockholders Agreement (Trega Biosciences Inc), Stockholders Agreement (Brokat Aktiengesellschaft), Stockholders Agreement (Blaze Software Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (Atmel Corp), Registration Rights Agreement (Atmel Corp), Registration Rights Agreement (Beyond Com Corp)
Attorneys’ Fees. In any action or proceeding brought by any party to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful prevailing party shallas the case may be, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees in addition to its costs and expenses and any other available remedyremedies.
Appears in 4 contracts
Samples: Executive Employment Agreement (Progressive Care Inc.), Executive Employment Agreement (Progressive Care Inc.), Executive Employment Agreement (Progressive Care Inc.)
Attorneys’ Fees. In As between the parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees actually incurred in addition to its reasonable costs and expenses and any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (Us Oncology Inc), Registration Rights Agreement (Azteca Holdings Sa De Cv), Registration Rights Agreement (Azteca Holdings Sa De Cv)
Attorneys’ Fees. In any action or proceeding brought to --------------- enforce any provision of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney's fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Stock Purchase Agreement (American Cellular Corp /De/), Registration Rights Agreement (American Cellular Corp /De/), Stock Purchase Agreement (American Cellular Corp /De/)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to the extent permitted as determined by applicable lawa court of competent jurisdiction, shall be entitled to recover reasonable and documented attorneys’ fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Management Services Agreement (Claires Stores Inc), Management Services Agreement (Advantage Solutions Inc.), Management Services Agreement (Aeroways, LLC)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement by a party hereto, or where any provision hereof is validly asserted as a defensedefense by such party, the successful party shallsuch party, to the extent permitted by applicable lawif successful, shall be entitled to recover reasonable reasonably attorneys’ ' fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Merger Agreement (Fairchild Industries Inc /De/), Merger Agreement (Fairchild Corp), Merger Agreement (Rhi Holdings Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Subscription Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 4 contracts
Samples: Subscription Agreement (Rubicon Technologies, Inc.), Subscription Agreement (Rubicon Technologies, Inc.), Subscription Agreement (Contango ORE, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Incentive Stock Option Agreement (Empi Inc), Registration Rights Agreement (Neomedia Technologies Inc), Registration Rights Agreement (Cascade Corp)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourts, shall be entitled to recover reasonable attorneys’ fees in addition to its costs and expenses and any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (TWC Holding Corp.), Registration Rights Agreement (Wornick CO Right Away Division, L.P.), Registration Rights Agreement (TWC Holding Corp.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement or any Series B Warrant, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees and disbursements in addition to its costs and expenses and any other available remedy.
Appears in 4 contracts
Samples: Common Stock Warrant Agreement, Common Stock Warrant Agreement (Kingsway Financial Services Inc), Common Stock Warrant Agreement (Kingsway Financial Services Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable and actual attorneys’ ' fees (including any such fees incurred in connection with enforcement of any judgments) in addition to any its or his costs and expenses and other available remedyremedies.
Appears in 4 contracts
Samples: Stockholders' Voting Agreement (National Registry Inc), Stockholders' Voting Agreement (RMS Limited Partnership), Stockholders' Voting Agreement (Jotter Technologies Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof of this Agreement is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (Alcentra Capital Corp), Registration Rights Agreement (Harvest Capital Credit Corp), Registration Rights Agreement (Cypress Sharpridge Investments, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce --------------- any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Savoir Technology Group Inc/De), Registration Rights Agreement (Video Update Inc), Registration Rights Agreement (Mni Newco Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneysattorneys fees’ fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Cygne Designs Inc), Note Conversion Agreement (Cygne Designs Inc), Registration Rights Agreement (Cygne Designs Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or the other Purchase Documents, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Boca Research Inc), Asset Purchase Agreement (Cott Corp /Cn/), Asset Purchase Agreement (Oneworld Systems Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorneys fees in addition to any other available remedy.. [Signature Page Follows]
Appears in 3 contracts
Samples: Ownership Interest Purchase Agreement (Golden Telecom Inc), Registration Rights Agreement (Golden Telecom Inc), Registration Rights Agreement (Golden Telecom Inc)
Attorneys’ Fees. In As between parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney's fees in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Quintiles Transnational Corp), Share Purchase Agreement (Ramtron International Corp), Share Exchange Agreement (Quintiles Transnational Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney’s fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Fairway Group Holdings Corp), Registration Rights Agreement (EverBank Financial Corp), Registration Rights Agreement (Kenan Advantage Group Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees and costs in addition to any other available remedy.
Appears in 3 contracts
Samples: Management Services Agreement (Gart Sports Co), Management Services Agreement (Gart Sports Co), Management Services Agreement (Big 5 Corp /Ca/)
Attorneys’ Fees. In any action or proceeding (i) brought to enforce any provision of this Agreement Agreement, or (ii) where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Shareholders' Agreement (Wireless Telecom Group Inc), Purchase Agreement (Ionics Inc), Stockholders Agreement (Ionics Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or the Stock Purchase Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Denbury Resources Inc), Registration Rights Agreement (TPG Partners Lp), Stock Purchase Agreement (TPG Partners Lp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, will be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Arch Wireless Inc), Merger Agreement (Mobilemedia Corp), Registration Rights Agreement (Arch Wireless Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement or any Series B Warrant, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees and disbursements in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Common Stock Series B Warrant Agreement (Kingsway Financial Services Inc), Common Stock Warrant Agreement (Kingsway Financial Services Inc), Common Stock Warrant Agreement (Kingsway Financial Services Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or any other document or instrument contemplated hereby, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Share Purchase Agreement (Paine Webber Group Inc), Share Purchase Agreement (General Electric Co), Note Purchase Agreement (Garden State Newspapers Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any --------------- provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Annaly Mortgage Management Inc), Registration Rights Agreement (United States Filter Corp), Registration Rights Agreement (Verticalnet Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its reasonable costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Investment Agreement (BNP Residential Properties Inc), Investment Agreement (Brandywine Realty Trust), Investment Agreement (Five Arrows Realty Securities L L C)
Attorneys’ Fees. In any action or proceeding brought to --------------- enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Turner Paul H), Registration Rights Agreement (Simons Stephen W), Registration Rights Agreement (Pc Advisory Partnters I Lp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable lawLaw, be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Investors' Rights Agreement (Hanaro Telecom Inc), Registration Rights Agreement (Hutchison Telecommunications International LTD), Registration Rights Agreement (Orascom Telecom Holding S.A.E.)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourts, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Clark Material Handling Co), Registration Rights Agreement (Clark Material Handling Co), Registration Rights Agreement (Clark Material Handling Co)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement or any Series A Warrant, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees and disbursements in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Common Stock Warrant Agreement (Kingsway Financial Services Inc), Common Stock Warrant Agreement (Kingsway Financial Services Inc), Common Stock Warrant Agreement (Kingsway Financial Services Inc)
Attorneys’ Fees. In As between the parties to this Agreement, --------------- in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Warrant Registration Rights Agreement (Covad Communications Group Inc), Warrant Registration Rights Agreement (Concentric Network Corp), Warrant Registration Rights Agreement (Covad Communications Group Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable lawLaw, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Hutchison Whampoa LTD /Wav), Registration Rights Agreement (Watchdata Technologies Ltd.), Registration Rights Agreement (Watchdata Technologies Ltd.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney's fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy."
Appears in 3 contracts
Samples: Purchase Agreement (Contango Oil & Gas Co), Securities Purchase Agreement (Contango Oil & Gas Co), Securities Purchase Agreement (Southern Ute Indian Tribe Dba Suite Growth Fund)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is shall have been validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees and costs in addition to any other available remedy.
Appears in 3 contracts
Samples: Settlement Agreement (Rightchoice Managed Care Inc), Settlement Agreement (Rightchoice Managed Care Inc), Indemnification Agreement (Rightchoice Managed Care Inc /De)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to the extent permitted as determined by applicable lawa court of competent jurisdiction, shall be entitled to recover reasonable and documented attorneys’ ' fees in addition to any other available remedy.
Appears in 2 contracts
Samples: Management Services Agreement (LNT Leasing II, LLC), Management Services Agreement (Claires Stores Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement (including, without limitation, the representations and warranties of the Investors), the Certificate of Designation, the Warrants or the Registration Rights Agreement or any other document or instrument contemplated hereby or thereby, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees ' fees, charges and disbursements in addition to any other available remedy.
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Z Tel Technologies Inc), Stock and Warrant Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)
Attorneys’ Fees. In any action or proceeding brought to enforce --------------- any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover recover, and the court shall award, reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 2 contracts
Samples: Registration Rights Agreement (Dvi Inc), Note Exchange Agreement (Dvi Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ , fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Tag It Pacific Inc), Securities Purchase Agreement (Antigua Enterprises Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, and in any action or where any provision hereof is validly asserted as a defenseproceeding otherwise arising under or with respect to this Agreement, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 2 contracts
Samples: Stockholders' Agreement (Mentus Media Corp), Preemptive Rights Agreement (Mentus Media Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable and actual attorneys’ ' fees (including any such fees incurred in connection with enforcement of any judgments) in addition to its or his costs and expenses and any other available remedyremedies.
Appears in 2 contracts
Samples: Shareholders Voting Agreement (Dove Audio Inc), Shareholders Voting Agreement (Media Equities International LLC)
Attorneys’ Fees. In As between the parties to this Agreement, in --------------- any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 2 contracts
Samples: Equity Registration Rights Agreement (Creditrust Corp), Warrant Registration Rights Agreement (Diva Systems Corp)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 2 contracts
Samples: Registration Rights Agreement (Provident Senior Living Trust), Registration Rights Agreement (Medical Properties Trust Inc)
Attorneys’ Fees. In If any action or proceeding is brought to enforce any ---------------- provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 2 contracts
Samples: Registration Rights Agreement (Penn Octane Corp), Registration Rights Agreement (Penn Octane Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any --------------- provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its cost and expense and any other available remedy.
Appears in 2 contracts
Samples: Stockholders Agreement (HSN Inc), Stockholders Agreement (Allen Paul G)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement (including, without limitation, the representations and warranties of the Fund), the Transaction Documents or any other document or instrument contemplated hereby or thereby, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees ' fees, charges and disbursements in addition to any other available remedy.
Appears in 2 contracts
Samples: Standby Credit Facility Agreement (Z Tel Technologies Inc), Standby Credit Facility Agreement (Z Tel Technologies Inc)