Common use of CONTEMPLATED HEREBY Clause in Contracts

CONTEMPLATED HEREBY. If either party shall commence a Proceeding to enforce any provisions of this Agreement, then the prevailing party in such Proceeding shall be reimbursed by the other party for its attorneys’ fees and other reasonable costs and expenses incurred with the investigation, preparation and prosecution of such Proceeding.

Appears in 3 contracts

Samples: Subscription Agreement (Dialogic Inc.), Subscription Agreement (Dialogic Inc.), Subscription Agreement (Tennenbaum Capital Partners LLC)

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CONTEMPLATED HEREBY. If either party shall commence a Proceeding to enforce any provisions of this Agreement, then the prevailing party in such Proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other reasonable costs and expenses incurred with the investigation, preparation and prosecution of such Proceeding.

Appears in 3 contracts

Samples: Stock Subscription and Registration Rights Agreement, Securities Purchase Agreement (FriendFinder Networks Inc.), Securities Purchase Agreement (FriendFinder Networks Inc.)

CONTEMPLATED HEREBY. If either party shall commence a Proceeding proceeding to enforce any provisions of this Agreement, then the prevailing party in such Proceeding proceeding shall be reimbursed by the other party for its attorneys’ attorney’s fees and other reasonable costs and expenses incurred with the investigation, preparation and prosecution of such Proceedingproceeding.

Appears in 2 contracts

Samples: Registration Rights Agreement (Guided Therapeutics Inc), Registration Rights Agreement (Ap Pharma Inc /De/)

CONTEMPLATED HEREBY. If either party shall commence a Proceeding legal proceeding to enforce endorse any provisions of this Agreement, then the prevailing party in such Proceeding legal proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other reasonable costs and expenses incurred with the investigation, investigation preparation and prosecution of such Proceedinglegal proceeding.

Appears in 1 contract

Samples: Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.)

CONTEMPLATED HEREBY. If either party shall commence a Proceeding to enforce any provisions of this Agreement, then the prevailing party in such Proceeding shall be reimbursed by the other party for its attorneys’ attorney's fees and other reasonable costs and expenses incurred with the investigation, preparation and prosecution of such Proceeding.

Appears in 1 contract

Samples: Registration Rights Agreement (Diversified Security Solutions Inc)

CONTEMPLATED HEREBY. If either party shall commence a Proceeding an action or proceeding to enforce any provisions of this Agreementthe Transaction Documents, then the prevailing party in such Proceeding action or proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other reasonable costs and expenses incurred with the investigation, preparation and prosecution of such Proceedingaction or proceeding.

Appears in 1 contract

Samples: Securities Purchase Agreement (Elixir Gaming Technologies, Inc.)

CONTEMPLATED HEREBY. If either party shall commence a Proceeding to enforce endorse any provisions of this Agreement, then the prevailing party in such Proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other reasonable costs and expenses incurred with the investigation, investigation preparation and prosecution of such Proceeding.

Appears in 1 contract

Samples: Registration Rights Agreement (Navidea Biopharmaceuticals, Inc.)

CONTEMPLATED HEREBY. If either party shall commence a Proceeding to enforce any provisions of this Agreement, then the prevailing party in such Proceeding shall be reimbursed by the other party for its reasonable attorneys* fees and other reasonable costs and expenses incurred with the investigation, preparation and prosecution of such Proceeding.

Appears in 1 contract

Samples: Securities Purchase Agreement (FriendFinder Networks Inc.)

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CONTEMPLATED HEREBY. If either party shall commence a Proceeding to enforce any provisions of this Agreement, then the prevailing party in such Proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other reasonable costs and expenses incurred with the investigation, investigation preparation and prosecution of such Proceeding.

Appears in 1 contract

Samples: Registration Rights Agreement (Cti Industries Corp)

CONTEMPLATED HEREBY. If either party shall commence a Proceeding to enforce any provisions of this Agreement, then the prevailing party in such Proceeding shall be reimbursed by the other party for its attorneys’ attorney’s fees and other reasonable costs and expenses incurred with the investigation, preparation and prosecution of such Proceeding.

Appears in 1 contract

Samples: Registration Rights Agreement (COPsync, Inc.)

CONTEMPLATED HEREBY. If either any party shall commence a Proceeding proceeding to enforce any provisions of this Agreement, then the prevailing party in such Proceeding proceeding shall be reimbursed by the other party for its attorneys’ reasonable attorney's fees and other reasonable costs and expenses incurred with the investigation, preparation and prosecution of such Proceedingproceeding.

Appears in 1 contract

Samples: Security Agreement (Electronic Control Security Inc)

CONTEMPLATED HEREBY. If either party shall commence a Proceeding to enforce endorse any provisions of this Agreementa Transaction Document, then the prevailing party in such Proceeding shall be reimbursed by the other party for its attorneys’ reasonable attorney’s fees and other reasonable costs and expenses incurred incured with the investigation, investigation preparation and prosecution of such Proceeding.

Appears in 1 contract

Samples: Registration Rights Agreement (Regenerx Biopharmaceuticals Inc)

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