Common use of Costs and Attorneys’ Fees Clause in Contracts

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall will recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or ------------------------- other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and reasonable attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs 's costs, and reasonable attorneys’ ' fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, arbitration proceeding or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs, including, without limitation, the court costs and reasonable attorneys’ fees incurred in each such action, suit or other proceedingtherein, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover from the other party all of such prevailing party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, arbitration proceeding or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s 's costs, including, without limitation, the court costs and reasonable attorneys’ ' fees incurred in each such action, suit or other proceedingtherein, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderunder this Agreement, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit suit, or other proceeding, including any and all appeals or petitions therefromfrom any such action, suit, or other proceeding.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, arbitration or other proceeding is instituted concerning to remedy, prevent or arising out of obtain relief from a default in the performance by any Party to this Agreement or any transaction contemplated hereunderof its obligations under this Agreement, the prevailing party Party shall recover all of such partyParty’s costs and reasonable attorneys’ fees incurred in each and every such action, suit suit, arbitration or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the Company and the Initial Holders agree that the prevailing party shall recover from the non-prevailing party all of such prevailing party’s 's costs and reasonable attorneys’ ' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit suit, or other proceeding is instituted concerning brought or arising out instituted, to enforce or to seek damages for breach of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs 's costs, and reasonable attorneys’ ' fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall will recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s reasonable costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the Company and the Holders agree that the prevailing party shall recover from the non-prevailing party all of such prevailing party’s 's costs and reasonable attorneys’ ' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement Agreement, or any transaction contemplated hereunderhereby, the prevailing party shall be entitled to recover all of such party’s its costs (including reasonable attorneys’ fees, costs and attorneys’ fees disbursements) incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit suit, or ------------------------- other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs 's costs, and attorneys’ ' fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom. As used herein, "attorneys' fees" shall mean the full and actual costs of any legal services actually rendered in connection with the matters involved, calculated on the basis of the usual fee charged by the attorneys performing such services.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In Subject to the provisions of Section 6.14 below, in the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall be entitled to recover all of such the prevailing party’s 's costs and reasonable attorneys’ ' fees incurred in each and every such action, suit suit, or other proceedingproceedings, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party in any final, non-appealable order shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall will recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.'

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' 189 fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning based upon or arising out of this Agreement or the matters contemplated herein (whether based on breach of contract, tort, breach of duty or any transaction contemplated hereunderother theory), the prevailing party shall recover all of such party’s 's costs (including, but not limited to expert witness costs) and reasonable attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs costs, and attorneys’ fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom. As used herein, “attorneys’ fees” shall mean the full and actual costs of any legal services actually rendered in connection with the matters involved, calculated on the basis of the usual fee charged by the attorneys performing such services.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted by any party hereto against any other party hereto concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding Proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall will be entitled to recover all of such party’s reasonable costs and reasonable attorneys’ fees incurred in each such action, suit or other proceedingProceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.. [signature page follows]

Costs and Attorneys’ Fees. In the event that any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs 's costs, and reasonable attorneys’ ' fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit suit, or other proceeding is instituted concerning or or' arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom. As used herein, "attorneys' fees" shall mean the full and actual costs of any legal services actually rendered in connection with the matters involved, calculated on the basis of the usual fee charged by the attorneys performing such services.

Costs and Attorneys’ Fees. In the event that If any action, suit action at law or other proceeding in equity is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and reasonable attorneys’ ' fees and disbursements incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom, in addition to any other relief to which such party may be entitled.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, arbitration proceeding, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s 's costs, including, without limitation, the court costs and reasonable attorneys’ ' fees incurred in each such action, suit or other proceedingtherein, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit suit, ------------------------- or other proceeding is instituted concerning brought or arising out instituted, to enforce or to seek damages for breach of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs 's costs, and reasonable attorneys’ ' fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees reasonably incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.. * * * * * *

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding Action is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs and reasonable attorneys’ fees incurred in connection with each and every such action, suit or other proceeding, including any and all appeals or and petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit ------------------------- or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement Agreement, or any transaction contemplated hereunderhereby, the prevailing party shall be entitled to recover all of such party’s its costs (including reasonable attorneys’ fees, costs and attorneys’ fees disbursements) incurred in each such action, suit or other proceedingAction, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderunder this Agreement, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefromfrom any such action, suit or other proceeding.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement Warrant or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s reasonable costs and reasonable attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and reasonable attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, arbitration proceeding, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderSecurity Agreement, the prevailing party shall recover all of such party’s 's costs, including, without limitation, the court costs and reasonable attorneys’ ' fees incurred in each such action, suit or other proceedingtherein, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of the performance or failure to perform this Agreement (excluding for clarity any action, suit or any transaction contemplated hereunder, proceeding for patent infringement brought by either Party against the other) the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, action suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderunder this Agreement, the prevailing party shall recover all of such party’s reasonable costs and reasonable attorneys’ fees incurred in each such action, suit suit, or other proceeding, including any and all appeals or petitions therefromfrom any such action, suit, or other proceeding from the non-prevailing party or parties.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall will recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom. .

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement Exhibit C or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, of the Ancillary Agreements the prevailing party shall recover all of such party’s costs 's costs, and reasonable attorneys’ ' fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs costs, and reasonable attorneys’ fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Registration Rights Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and reasonable attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall will recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other o ther proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or -------------------------- other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall will recover all of such party’s costs and reasonable attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs 's costs, and attorneys’ ' fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions or petitions for review therefrom, and any proceeding before a U.S. Bankruptcy Court.

Costs and Attorneys’ Fees. In Subject to Section 6.3 of this Agreement, in the event that any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderthe Warrants, the prevailing party shall recover all of such party’s costs 's costs, and reasonable attorneys’ ' fees incurred in by each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderunder this Agreement, the prevailing party shall recover all of such party’s costs and reasonable attorneys’ fees incurred in each such action, suit suit, or other proceeding, including any and all appeals or petitions therefromfrom any such action, suit, or other proceeding.

Costs and Attorneys’ Fees. In the event that any actionlawsuit, suit proceeding or other proceeding similar action is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs costs, and reasonable attorneys’ fees incurred in each and every such action, suit or other proceedingAction, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall will recover all of such party’s reasonable fees and costs and attorneys’ fees of attorneys incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderunder this Agreement, the prevailing party shall recover all of such party’s reasonable costs and reasonable attorneys’ fees incurred in each such action, suit suit, or other proceeding, including any and all appeals or petitions therefromfrom any such action, suit, or other proceeding.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the Company and the Holders agree that the prevailing party shall recover from the non-prevailing party all of such prevailing party’s costs and reasonable attorneys’ fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ attorney’s fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, arbitration or other proceeding is instituted concerning to remedy, prevent or arising out of obtain relief from a default or breach by any Party under this Agreement or any transaction contemplated hereunderAgreement, the prevailing party Party shall be entitled to recover all of such partyParty’s costs and reasonable attorneys’ fees incurred in each and every such action, suit suit, arbitration or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding Action is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs 's costs, and reasonable attorneys’ ' fees incurred in each and every such action, suit or other proceedingAction, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s 's costs and reasonable attorneys’ ' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or and petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the Company and the Initial Holder agree that the prevailing party shall recover from the non-prevailing party all of such prevailing party’s costs and reasonable attorneys’ fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, ------------------------- suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s 's costs and reasonable attorneys’ ' fees incurred in connection with each and every such action, suit or other proceeding, including any and all appeals or and petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other -------------------------- proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or ------------------------- other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's reasonable costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or ------------------------- other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.. * * * * * * * * * *

Costs and Attorneys’ Fees. In the event that any action, suit suit, ------------------------- or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s costs 's costs, and reasonable attorneys’ ' fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or ------------------------- other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.. 8.18

Costs and Attorneys’ Fees. In the event that any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s 's costs and attorneys’ reasonable attorney's fees incurred in each and every such action, suit suit, or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party in whose favor judgement is rendered shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit or other proceeding is ------------------------- instituted concerning to remedy, prevent or arising out obtain relief from a default in the performance by any party of its obligations under this Agreement or any transaction contemplated hereunderPurchase Agreement, the prevailing party shall recover all of such party’s 's costs and reasonable attorneys’ ' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other ------------------------- proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees reasonably incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning based upon or arising out of this Agreement or any transaction the matters contemplated hereunderherein, the prevailing party shall recover all of such party’s costs (including, but not limited to expert witness costs) and reasonable attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In Except as provided in Section 6.13 hereof, in the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefromthere from.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning based upon or arising out of this Agreement or the matters contemplated herein (whether based on breach of contract, tort, breach of duty or any transaction contemplated hereunderother theory), the prevailing party shall recover all of such party’s costs (including, but not limited to expert witness costs) and reasonable attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that If any action, suit suit, or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderunder this Agreement, the prevailing party shall recover all of such party’s 's costs and attorneys’ ' fees incurred in each such action, suit suit, or other proceeding, including any and all appeals or petitions therefromfrom any such action, suit, or other proceeding.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall be entitled to recover all of such party’s actual costs and attorneys’ fees and disbursements incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover all of such party’s 's costs and reasonable attorneys’ ' fees incurred in connection with each and every such action, suit or other proceeding, including any and all appeals or and petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall will recover all of such party’s 's costs and reasonable attorneys’ ' fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning concurring or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s 's costs and attorneys’ attorney's fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunderAgreement, the prevailing party shall recover from the non-prevailing party all of such prevailing party’s costs and reasonable attorneys’ fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom.

Costs and Attorneys’ Fees. In the event that any action, suit or other proceeding Proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall will be entitled to recover all of such party’s 's reasonable costs and reasonable attorneys’ ' fees incurred in each such action, suit or other proceedingProceeding, including any and all appeals or petitions therefrom.