Costs of Litigation. In any action at law or in equity to enforce any of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses end fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgment.
Appears in 24 contracts
Samples: Restricted Stock Award Agreement (Fiic Holdings), Stock Option Agreement (Health Sciences Group Inc), Restricted Stock Award Agreement (Fiic Holdings)
Costs of Litigation. In any action at law or in equity to enforce any of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' ’ fees incurred by the successful party or parties (including without limitation costs, expenses end fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' ’ fees shall be included as part of the judgment.
Appears in 16 contracts
Samples: Stock Option Agreement (TMSF Holdings Inc), Stock Option Agreement (TMSF Holdings Inc), Stock Option Agreement (TMSF Reit Inc.)
Costs of Litigation. In any action at law or in equity to enforce ------------------- any of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses end fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgment.
Appears in 2 contracts
Samples: Stock Option Agreement (Impac Commercial Holdings Inc), Stock Option Agreement (Imperial Credit Industries Inc)
Costs of Litigation. In any action at law or in equity to enforce any of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' ’ fees incurred by the successful party or parties (including without limitation costs, expenses end and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' ’ fees shall be included as part of the judgment.
Appears in 2 contracts
Samples: Nonemployee Director Restricted Stock Agreement (Allergan Inc), Restricted Stock Agreement (Allergan Inc)
Costs of Litigation. In any action at law or in equity to enforce ---------------------- any of the provisions or rights under this Agreement or the PlanAgreement, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees reasonably incurred by the successful party or parties (including including, without limitation costs, expenses end and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgment.
Appears in 1 contract
Samples: Stock Option Agreement (Sangui Biotech International Inc)
Costs of Litigation. In any action at law or in equity to enforce any ------------------- of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses end fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgment.
Appears in 1 contract
Samples: Stock Option Agreement (Impac Commercial Holdings Inc)
Costs of Litigation. In any action at law or in equity to enforce any of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses end fees on any appeals), and if the successful party recovers judgment in ln any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgment.
Appears in 1 contract
Costs of Litigation. In any action at law or in equity to ------------------- enforce any of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses end fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgment.
Appears in 1 contract
Samples: Stock Option Agreement (Impac Commercial Holdings Inc)
Costs of Litigation. In any action at law or in equity to enforce any of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay to the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including including, without limitation limitation, costs, expenses end and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' fees which shall be included as part of the judgment.
Appears in 1 contract
Samples: Stock Option Agreement (Capital Alliance Income Trust Real Estate & Investment Trus)
Costs of Litigation. In any action at law or in equity to enforce any of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment judgement or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses end and fees on any appeals), and if the successful party recovers judgment judgement in any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgmentjudgement.
Appears in 1 contract
Costs of Litigation. In any action at law or in equity to enforce ------------------- any of the provisions or rights under this Agreement or the Planprogram, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses end and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgment.
Appears in 1 contract
Costs of Litigation. In any action at law or in equity to enforce any of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees reasonably incurred by the successful party or parties (including without limitation costs, expenses end and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgment.
Appears in 1 contract
Costs of Litigation. In any action at law or in equity to enforce any of the provisions or rights under this Agreement or the PlanAgreement, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' ’ fees incurred by the successful party or parties (including without limitation costs, expenses end fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' ’ fees shall be included as part of the judgment.
Appears in 1 contract
Costs of Litigation. In any action at law or in equity to enforce any of the provisions or rights under this Agreement or the Plan, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses end and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgment.
Appears in 1 contract
Samples: Nonemployee Director Restricted Stock Agreement (Allergan Inc)
Costs of Litigation. In any action at law or in equity to enforce ------------------- any of the provisions or rights under this Agreement or the PlanAgreement, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees reasonably incurred by the successful party or parties (including without limitation costs, expenses end and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys' fees shall be included as part of the judgment.
Appears in 1 contract
