Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 74 contracts
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement (Neogenomics Inc), Common Stock Purchase Agreement (Hepalife Technologies Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 32 contracts
Samples: Strata Purchase Agreement (iCoreConnect Inc.), Strata Purchase Agreement (Clean Vision Corp), Strata Purchase Agreement (Clean Vision Corp)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 30 contracts
Samples: Purchase Agreement (Us Geothermal Inc), Purchase Agreement (Juhl Wind, Inc), Purchase Agreement (Sauer Energy, Inc.)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) subject to Section 9, an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 20 contracts
Samples: Purchase Agreement (Workhorse Group Inc.), Purchase Agreement (Enveric Biosciences, Inc.), Purchase Agreement (Enveric Biosciences, Inc.)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 18 contracts
Samples: Purchase Agreement (iBio, Inc.), Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Actinium Pharmaceuticals, Inc.)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including reasonable attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 14 contracts
Samples: Purchase Agreement (Westwater Resources, Inc.), Purchase Agreement (Phunware, Inc.), Purchase Agreement (Leet Technology Inc.)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 11 contracts
Samples: Common Stock Purchase Agreement (Beacon Power Corp), Common Stock Purchase Agreement (Aastrom Biosciences Inc), Common Stock Purchase Agreement (Geovax Labs, Inc.)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including reasonable attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 10 contracts
Samples: Purchase Agreement (Ocuphire Pharma, Inc.), Purchase Agreement (Cybin Inc.), Purchase Agreement (Cingulate Inc.)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 4 contracts
Samples: Purchase Agreement (Green Earth Technologies Inc), Purchase Agreement (Regenerx Biopharmaceuticals Inc), Purchase Agreement (Next 1 Interactive, Inc.)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company Operating Partnership and the Company, jointly and severally, shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewiththerewith to the party incurring such costs and expenses, as incurred, in addition to all other amounts due hereunder.
Appears in 3 contracts
Samples: Purchase Agreement (Braemar Hotels & Resorts Inc.), Purchase Agreement (Ashford Hospitality Trust Inc), Purchase Agreement (Ashford Hospitality Trust Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder. Notwithstanding the foregoing, in the case of subparagraphs “i” and “iii” Buyer shall not be entitled to such reasonable costs and expenses unless the Buyer is the prevailing party.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (MultiCell Technologies, Inc.), Common Stock Purchase Agreement (MultiCell Technologies, Inc.), Common Stock Purchase Agreement (Aksys LTD)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) iii an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Typhoon Touch Technologies, Inc.), Common Stock Purchase Agreement (Celsius Holdings, Inc.), Common Stock Purchase Agreement (Xsunx Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Buyers in the hands of an attorney for enforcement or is enforced by the Buyer Buyers through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Buyers in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Buyers in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerBuyers, as incurred by the BuyerBuyers, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Kma Global Solutions International Inc), Securities Purchase Agreement (Kma Global Solutions International Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Subscriber in the hands of an attorney for enforcement or is enforced by the Buyer Subscriber through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Subscriber in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Subscriber in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerSubscriber, as incurred by the BuyerSubscriber, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement (Rvue Holdings, Inc.)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder. Notwithstanding the foregoing, in the case of subparagraphs "i" and "iii" Buyer shall not be entitled to such reasonable costs and expenses unless the Buyer is the prevailing party.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Hemispherx Biopharma Inc), Common Stock Purchase Agreement (Hemispherx Biopharma Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership receivership, or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including reasonable attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (iBio, Inc.), Purchase Agreement (Tenon Medical, Inc.)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewith, as incurred, in addition to all other amounts due hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Costas Inc), Purchase Agreement (Lithium Corp)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer ------------------ in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Paving Stone Corp), Common Stock Purchase Agreement (Golden Phoenix Minerals Inc /Mn/)
Enforcement Costs. If: (iIf(i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Usurf America Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including reasonable attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company and the Issuer shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Samples: Securities Subscription Agreement (Insignia Solutions PLC)
Enforcement Costs. If: (i) this Agreement Amendment is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this AgreementAmendment; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this AgreementAmendment, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Enforcement Costs. If: (i) this Agreement Amendment is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this AgreementAmendment; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this AgreementAmendment, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in ------------------ the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with arising out of entering into, performance under or enforcement of, this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Unigene Laboratories Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Aastrom Biosciences Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' creditor's rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' attorney's fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Competitive Technologies Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in ----------------- the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' ’ rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with arising out of entering into, performance under or enforcement of, this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' ’ fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Unigene Laboratories Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer Buyers in the hands of an attorney for enforcement or is enforced by the Buyer Buyers through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Buyers in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Buyers in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerBuyers, as incurred by the BuyerBuyers, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.
Appears in 1 contract
Samples: Securities Purchase Agreement (Kma Global Solutions International Inc)
Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder. Notwithstanding the foregoing, in the case of clauses (i) and (iii) above, the Buyer shall not be entitled to such reasonable costs and expenses unless the Buyer is the prevailing party.
Appears in 1 contract
