Common use of Certain Expenses and Fees Clause in Contracts

Certain Expenses and Fees. Whether or not the closing of the transactions contemplated hereby occurs, the Company shall pay or reimburse the Buyers for all reasonable expenses (including, without limitation, legal fees and expenses of counsel to the Buyers of up to $20,000) incurred by the Buyers in connection with this Agreement and the transactions contemplated hereby. Notwithstanding the foregoing, the Company shall pay on demand all expenses (including reasonable attorneys' fees and expenses) incurred by the Buyers, and the Buyers shall pay on demand all expenses (including reasonable attorneys' fees and expenses) incurred by the Company, as a consequence of, or in connection with, (i) any default or breach of any of the other party's obligations under this Agreement, the Warrants, and the Registration Rights Agreements (which payment shall be made by the defaulting or breaching party), and (ii) the enforcement or restructuring of any right of, including the collection of any payments due, the Buyers or the Company, as the case may be, under any of such agreements or instruments, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company or the Buyers, as the case may be, from paying any amount due the Buyers or the Company, as the case may be, in which the party seeking such enforcement or restructuring prevails.

Certain Expenses and Fees. Whether or not the closing of the transactions contemplated hereby occurs, the The Company shall pay or reimburse the Buyers for all reasonable expenses (including, without limitation, legal fees and expenses of counsel to the Buyers of up to $20,000Buyers) incurred by the Buyers in connection with this Amendment Agreement and the transactions contemplated hereby. Notwithstanding the foregoing, the Company shall pay on demand all expenses (including reasonable attorneys' fees and expenses) incurred by the Buyers, and the Buyers shall pay on demand all expenses (including reasonable attorneys' fees and expenses) incurred by the Company, as a consequence of, or in connection with, (i) any default or breach of any of the other party's obligations under this Agreement, the Warrants, the Adjustment Warrants and the Registration Rights Agreements (which payment shall be made by the defaulting or breaching party), and (ii) the enforcement or restructuring of any right of, including the collection of any payments due, the Buyers or the Company, as the case may be, under any of such agreements or instruments, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company or the Buyers, as the case may be, from paying any amount due the Buyers or the Company, as the case may be, in which the party seeking such enforcement or restructuring prevails.

Certain Expenses and Fees. Whether or not the closing of the transactions contemplated hereby occurs, the Company shall pay or reimburse the Buyers Investors for all reasonable expenses (including, without limitation, legal fees and expenses of counsel to the Buyers Investors of up to $20,00015,000) incurred by the Buyers Investors in connection with this Agreement and the transactions contemplated hereby. Notwithstanding the foregoing, the Company shall pay on demand all expenses (including reasonable attorneys' fees and expenses) incurred by the BuyersInvestors, and the Buyers Investors shall pay on demand all expenses (including reasonable attorneys' fees and expenses) incurred by the Company, as a consequence of, or in connection with, (i) any default or breach of any of the other party's obligations under this Agreement, the Warrants, the Additional Warrants and the Registration Rights Agreements Agreement (which payment shall be made by the defaulting or breaching party), and (ii) the enforcement or restructuring of any right of, including the collection of any payments due, the Buyers Investors or the Company, as the case may be, under any of such agreements or instruments, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company or the BuyersInvestors, as the case may be, from paying any amount due the Buyers Investors or the Company, as the case may be, in which the party seeking such enforcement or restructuring prevails.

Certain Expenses and Fees. Whether or not the closing of the transactions contemplated hereby occurs, the Company shall pay or reimburse the Buyers Buyer for all reasonable expenses (including, without limitation, legal fees and expenses of counsel to the Buyers Buyer of up to $20,00015,000) incurred by the Buyers Buyer in connection with this Agreement and the transactions contemplated hereby. Notwithstanding the foregoing, the Company shall pay on demand all expenses (including reasonable attorneys' fees and expenses) incurred by the BuyersBuyer, and the Buyers Buyer shall pay on demand all expenses (including reasonable attorneys' fees and expenses) incurred by the Company, as a consequence of, or in connection with, (i1) any default or breach of any of the other party's obligations under this Agreement, the Statement of Rights, the Registration Rights Agreement, the Warrants, and the Registration Rights Agreements Transfer Agent Instructions (which payment shall be made by the defaulting or breaching party), and (ii2) the enforcement or restructuring of any right of, including the collection of any payments due, the Buyers Buyer or the Company, as the case may be, under any of such agreements or instruments, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company or the BuyersBuyer, as the case may be, from paying any amount due the Buyers Buyer or the Company, as the case may be, in which the party seeking such enforcement or restructuring prevails.

Certain Expenses and Fees. Whether or not the closing of the transactions contemplated hereby occurs, the Company shall pay or reimburse the Buyers Buyer for all reasonable expenses (including, without limitation, legal fees and expenses of counsel to the Buyers Buyer of up to $20,00015,000) incurred by the Buyers Buyer in connection with this Agreement and the transactions contemplated hereby. Notwithstanding the foregoing, the Company shall pay on demand all expenses (including reasonable attorneys' fees and expenses) incurred by the BuyersBuyer, and the Buyers Buyer shall pay on demand all expenses (including reasonable attorneys' fees and expenses) incurred by the Company, as a consequence of, or in connection with, (i1) any default or breach of any of the other party's obligations under this Agreement, the Statement of Rights, the Registration Rights Agreement, the Warrants, the Additional Warrants, and the Registration Rights Agreements Transfer Agent Instructions (which payment shall be made by the defaulting or breaching party), and (ii2) the enforcement or restructuring of any right of, including the collection of any payments due, the Buyers Buyer or the Company, as the case may be, under any of such agreements or instruments, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company or the BuyersBuyer, as the case may be, from paying any amount due the Buyers Buyer or the Company, as the case may be, in which the party seeking such enforcement or restructuring prevails.