Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 440 contracts
Samples: Investors’ Rights Agreement (PureTech Health PLC), Voting Agreement (Loar Holdings, LLC), Investors’ Rights Agreement (Rubrik, Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 391 contracts
Samples: Registration and Information Rights Agreement (Galmed Pharmaceuticals Ltd.), Stockholders Agreement (Platinum Energy Solutions, Inc.), Securities Purchase Agreement (Meta Financial Group Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementWarrant, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 85 contracts
Samples: Note Purchase Agreement (RoyaltyTraders LLC), Interest Purchase Agreement (Mr. Mango LLC), Assumed Warrant (Catabasis Pharmaceuticals Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 79 contracts
Samples: Sale Agreement (WeRide Inc.), Shareholders Agreement (WeRide Inc.), Shareholders Agreement (WeRide Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 78 contracts
Samples: Investors’ Rights Agreement (Ceribell, Inc.), Investors’ Rights Agreement (Ceribell, Inc.), Investors’ Rights Agreement (CG Oncology, Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 75 contracts
Samples: Subscription Agreement, Project Specific Subscription Agreement, Subscription Agreement
Expenses. If any action at law or in equity is necessary to -------- enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 72 contracts
Samples: Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp), Directed Share Agreement (Corsair Communications Inc)
Expenses. If any action at law or in equity is necessary to -------- enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 24 contracts
Samples: Preferred Stock Purchase Agreement (Inventa Technologies Inc), Management Rights Agreement (Inventa Technologies Inc), Employment Agreement (Inergy L P)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 17 contracts
Samples: Shareholders Agreement (Second Sight Medical Products Inc), Shareholders Agreement (Second Sight Medical Products Inc), Registration Rights Agreement (Mortgage Com Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 16 contracts
Samples: Registration Rights Agreement (Treaty Oak Bancorp Inc), Stockholders Agreement (Clearwire Corp), Rights Agreement (Selectica Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 10 contracts
Samples: Registration Rights Agreement (Eternal Energy Corp.), Registration Rights Agreement (Clearant Inc), Registration Rights Agreement (Key Gold Corp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 9 contracts
Samples: Change in Control Agreement (EnLink Midstream, LLC), Enlink Midstream Operating, Lp Severance Agreement (EnLink Midstream, LLC), Change in Control Agreement (EnLink Midstream, LLC)
Expenses. If any action at law Law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 9 contracts
Samples: Sixth Amended and Restated Shareholders Agreement (Cloopen Group Holding LTD), Sixth Amended and Restated Shareholders Agreement (Cloopen Group Holding LTD), Shareholders’ Agreement (CooTek(Cayman)Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each party hereto shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.
Appears in 9 contracts
Samples: Note Purchase Agreement (Pure Bioscience, Inc.), Note Purchase Agreement (Mosaic ImmunoEngineering Inc.), Note Purchase Agreement (Pure Bioscience, Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 8 contracts
Samples: Rights Agreement (Icm Asset Management Inc/Wa), Registration Rights Agreement (Cross Media Marketing Corp), Investor Rights Agreement (Island Pacific Inc)
Expenses. If any action at law or in equity is necessary -------- to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 8 contracts
Samples: Rights Agreement (Hall Kinion & Associates Inc), Rights Agreement (Ibeam Broadcasting Corp), Registration Rights Agreement (Actuate Corp)
Expenses. If any In the event an action at law or in equity is necessary required to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney’s fees and costs and necessary disbursements in addition to any other relief to which such that party may be entitled.
Appears in 7 contracts
Samples: Employment Agreement (Ambassadors Group Inc), Employment Agreement (Osi Systems Inc), Employment Agreement (Ambassadors International Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party hereto shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Lock Up Agreement (Aterian, Inc.), Lock Up Agreement (Aterian, Inc.), Shareholder Agreement (Aterian, Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. In addition, the Company shall pay the reasonable attorneys' fees, costs and disbursements of the Investors in enforcing any terms of this Agreement, whether or not any action at law or in equity is brought.
Appears in 7 contracts
Samples: Registration Rights Agreement (Icm Asset Management Inc/Wa), Registration Rights Agreement (Aura Systems Inc), Registration Rights Agreement (Icm Asset Management Inc/Wa)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreementthe Basic Documents, the prevailing party Party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 6 contracts
Samples: Common Unit Purchase Agreement (Tc Pipelines Lp), Stock Purchase Agreement (Spacehab Inc \Wa\), Common Unit Purchase Agreement (Tc Pipelines Lp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Company shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.
Appears in 6 contracts
Samples: Note and Warrant Purchase Agreement (Gelesis Holdings, Inc.), Note Purchase Agreement (Phunware, Inc.), Note Purchase Agreement (Phunware, Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Convertible Bridge Note (Stryve Foods, Inc.), Promissory Note and Loan Agreement (Trustfeed Corp.), Convertible Bridge Note (Stryve Foods, Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Registration Rights Agreement (Vsource Inc), Stockholders Agreement (Vsource Inc), Registration Rights Agreement (Mercantile Equity Partners Iii L P)
Expenses. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs expenses and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Investors' Rights Agreement (Liquor Com Inc), Investors' Rights Agreement (Liquor Com Inc), Registration Rights Agreement (Toreador Resources Corp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements (by application to the court in which the action was conducted and as determined by such court) in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Investors' Rights Agreement (Open Solutions Inc), Registration Rights Agreement (Open Solutions Inc), Investors' Rights Agreement (Open Solutions Inc)
Expenses. If any action at law or in equity is necessary to enforce or -------- interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Investors' Rights Agreement (Efficient Networks Inc), Investors' Rights Agreement (Inflow Inc), Registration Rights Agreement (Fogdog Inc)
Expenses. If Except as otherwise provided herein, if any action at -------- law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Investor Rights Agreement (Entravision Communications Corp), Investor Rights Agreement (Entravision Communications Corp), Investor Rights Agreement (Entravision Communications Corp)
Expenses. If any In the event an action at law or in equity is necessary required to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney's fees and costs and necessary disbursements in addition to any other relief to which such that party may be entitled.
Appears in 5 contracts
Samples: Employment Agreement (Worldnet Resources Group Inc), Employment Agreement (Entertainment Boulevard Inc), Employment Agreement (Entertainment Boulevard Inc)
Expenses. If any In the event an action at law or in equity is necessary -------- required to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney's fees and costs and necessary disbursements in addition to any other relief to which such that party may be entitled.
Appears in 5 contracts
Samples: Employment Agreement (Osi Systems Inc), Employment Agreement (Osi Systems Inc), Employment Agreement (Grand Havana Enterprises Inc)
Expenses. If any In the event an action at in law or in equity is necessary -------- required to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney's fees and costs and necessary disbursements in addition to any other relief to which such that party may be entitled.
Appears in 4 contracts
Samples: Employment Agreement (Osi Systems Inc), Employment Agreement (Osi Systems Inc), Employment Agreement (Osi Systems Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Vital Therapies Inc), Investors’ Rights Agreement (Vital Therapies Inc), Note Purchase Agreement (China Broadband Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Policy Agreement, Policy Agreement (Netshoes (Cayman) Ltd.), Policy Agreement (Netshoes (Cayman) Ltd.)
Expenses. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs expenses and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Registration Rights Agreement, Registration Rights Agreement (ChinaEdu CORP), Registration Rights Agreement (Viewcast Com Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be is entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Registration Rights Agreement (Tippingpoint Technologies Inc), Employment Agreement (Inergy L P), Employment Agreement (Inergy L P)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or any Note, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Note Purchase and Security Agreement (Lenco Mobile Inc.), Note Purchase and Security Agreement (Lenco Mobile Inc.), Note Purchase and Security Agreement (Lenco Mobile Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementWarrant, the prevailing party shall will be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Mobility Electronics Inc, Mobility Electronics Inc, Mobility Electronics Inc
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Borrower shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.
Appears in 4 contracts
Samples: Note Purchase Agreement (Mountains West Exploration Inc), Global Bridge Note Purchase Agreement (Capital Growth Systems Inc /Fl/), Note Administration and Security Agreement (Capital Growth Systems Inc /Fl/)
Expenses. If any action at law or in equity or through arbitration is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Stockholders' Agreement (Options Talent Group), Stockholders' Agreement (Options Talent Group), Stockholders' Agreement (Options Talent Group)
Expenses. If any action at law or in equity is -------- necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Investors' Rights Agreement (Altiris Inc), Investors' Rights Agreement (Altiris Inc), Rights Agreement (Production Group International Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: License Agreement (Aligos Therapeutics, Inc.), Note Purchase Agreement, Note Purchase Agreement
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Irrespective of whether the Closing is effected, each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement and the Notes.
Appears in 4 contracts
Samples: Note Purchase Agreement (Soliton, Inc.), Note Purchase Agreement (Soliton, Inc.), Note Purchase Agreement (Soliton, Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, or the Shareholders Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Generex Biotechnology Corp), Stock Purchase Agreement (Generex Biotechnology Corp), Stock Purchase Agreement (Generex Biotechnology Corp)
Expenses. If any action at law or in equity is necessary to enforce -------- or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Investors' Rights Agreement (Inflow Inc), Registration Rights Agreement (Iteris Inc), Rights Agreement (Advanced Tissue Sciences Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reimbursement of reasonable attorneys’ feesattorney’s fees and other costs incurred by such party in connection with such action, costs and necessary disbursements in addition to any other relief to which such party may be is entitled.
Appears in 3 contracts
Samples: Executive Employment Agreement (C&J Energy Services, Inc.), Employment Agreement (Overhill Farms Inc), Employment Agreement (Overhill Farms Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 3 contracts
Samples: Common Share Purchase Agreement (Interoil Corp), Securities Purchase Agreement (Spacehab Inc \Wa\), Common Share Purchase Agreement (Interoil Corp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable reasonable, documented out-of-pocket attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Patriot Financial Partners Iii, L.P.), Stock Purchase Agreement (Carpenter Community BancFund-A, L.P.), Form of Stock Purchase Agreement (Carpenter Community BancFund-A, L.P.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled as shall be determined by a court of competent jurisdiction.
Appears in 3 contracts
Samples: Resale and Voting Agreement (American Vantage Companies), Resale and Voting Agreement (Genius Products Inc), Resale Agreement (Genius Products Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the Proxy, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Voting Agreement (Olympic Cascade Financial Corp), Voting Agreement (One Clark LLC), Voting Agreement (One Clark LLC)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each party hereto shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Note.
Appears in 3 contracts
Samples: Banzai International, Inc., Banzai International, Inc., Banzai International, Inc.
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be is entitled to receive reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Employment Agreement (Inergy L P), Employment Agreement (Inergy L P), Employment Agreement (Inergy L P)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement (including any exhibit or schedule hereto), the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Asi Technology Corp), Warrant and Common Stock Purchase Agreement (Enova Systems Inc), Securities Purchase Agreement (Asi Technology Corp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs cost and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Registration Rights Agreement (Crusader Capital Partners II LLC), Rights Agreement (Mobility Electronics Inc), Investors' Rights Agreement (Mobility Electronics Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the Proxy, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Voting Agreement (Berjaya Group Cayman LTD), Voting Agreement (Vfinance Inc), Voting Agreement (National Holdings Corp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Company shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (BioVex Group, Inc.), Form of Note Purchase Agreement (Health Partnership Inc.), Form of Note Purchase Agreement (Health Partnership Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the Transaction Documents the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Securities Purchase Agreement (C3d Inc), Securities Purchase Agreement (Skyframes Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, ' fees and costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Advisory Agreement (Mindarrow Systems Inc), Strategic Consulting Agreement (Mindarrow Systems Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAmendment, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Rights Agreement (Amerigon Inc), Rights Agreement (Amerigon Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs costs, expenses and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Registration Rights Agreement (Vintage Capital Group, LLC), Registration Rights Agreement (Caprius Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs cost and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Registration Rights Agreement (Consumer Direct of America), Common Stock Purchase Agreement (Consumer Direct of America)
Expenses. If any action at law or in equity is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. In addition, the Company shall pay the reasonable attorneys' fees, costs and expenses of the Investors in enforcing any terms of this Agreement, whether or not any action at law or in equity is brought.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Icm Asset Management Inc/Wa), Investors' Rights Agreement (Svi Solutions Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 2 contracts
Samples: Rights Agreement, ’s Rights Agreement (Fulgent Genetics, Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs costs, expenses and necessary disbursements in addition to any other relief to which such party may be entitled. The Company shall bear all costs, expenses and legal fees incurred by it and by the Purchaser with respect to this Agreement, the Warrant and the transactions contemplated hereby.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Vintage Capital Group, LLC), Warrant Purchase Agreement (Caprius Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled after a final, non-appealable judgment that this Agreement has been breached by the non-prevailing party and such breach has caused actual damages to the prevailing party. In no event shall the prevailing party be entitled to consequential, speculative or punitive damages.
Appears in 2 contracts
Samples: Affiliate Agreement (Pinnacor Inc), Affiliate Agreement (Marketwatch Com Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreementthe Basic Documents, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, out-of-pocket costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Securities Purchase Agreement (El Paso Pipeline Partners, L.P.), Securities Purchase Agreement (El Paso Pipeline Partners, L.P.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the Proxy, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled after a final, non-appealable judgment that this Agreement has been breached by the non-prevailing party and such breach has caused actual damages to the prevailing party. In no event shall the prevailing party be entitled to consequential, speculative or punitive damages.
Appears in 2 contracts
Samples: Voting Agreement (Marketwatch Com Inc), Voting Agreement (Pinnacor Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Registration Rights Agreement (Exogen Inc), Agreement (Fischer Imaging Corp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the Proxy, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled after a final, non-appealable judgment that this Agreement has been breached by the non-prevailing party and such breach has caused actual damages to the prevailing party. In no event shall the prevailing party be entitled to consequential, speculative or punitive damages.
Appears in 2 contracts
Samples: Joinder to Agreement (Carl Marks & Co. Inc.), Voting Agreement (Applied Imaging Corp)
Expenses. If Notwithstanding the foregoing, if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Excel Corp), Loan and Security Agreement (Excel Corp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 2 contracts
Samples: Investor Rights Agreement (China Mass Media International Advertising Corp.), Investor Rights Agreement (China Mass Media International Advertising Corp.)
Expenses. If any action at law Law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Fourth Amended and Restated Shareholders Agreement (Soulgate Inc.), Stockholders’ Agreement (OptiNose, Inc.)
Expenses. If any action at law or in equity is necessary to enforce -------- or interpret the terms of this AgreementAmendment, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Rights Agreement (Amerigon Inc), Investors' Rights Agreement (Amerigon Inc)
Expenses. If any action at law or in equity is necessary commenced to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs ' fees and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Home Solutions of America Inc), S Rights Agreement (Find SVP Inc)
Expenses. If any action Action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Capstone Therapeutics Corp.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorneys= fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Investor Rights Agreement (Viacom Inc), Investor Rights Agreement (Viacom Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Rights Agreement (Printcafe Software Inc), ' Rights Agreement (Printcafe Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such each party may be entitled.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Wave Systems Corp), Stock Purchase Agreement (Wave Systems Corp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled..
Appears in 1 contract
Samples: Investors’ Rights Agreement (890 5th Avenue Partners, Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.. 5.13
Appears in 1 contract
Samples: Share Vesting Agreement
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Carthew Bay Technologies Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Company shall pay all reasonable out of pocket costs and expenses that Lender incurs with respect to the negotiation, execution, delivery and performance of this Agreement, including the regular hourly rates of the in house counsel of Lender with respect to time spent by said counsel with respect to the foregoing.
Appears in 1 contract
Samples: Cgsi Aequitas Unsecured Bridge Note Purchase Agreement (Capital Growth Systems Inc /Fl/)
Expenses. If any action at law or in equity is necessary xxx xx xx xxxxxx xx xecessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Investor Rights Agreement (Soros Fund Management LLC)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reimbursement of reasonable attorneys’ feesattorney's fees and other costs incurred by such party in connection with such action, costs and necessary disbursements in addition to any other relief to which such party may be is entitled.
Appears in 1 contract
Expenses. If any action at law or in equity is necessary to -------- enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees' fees actually incurred, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Investor's Rights Agreement (Ientertainment Network Inc)
Expenses. If Except as otherwise provided herein, if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be is entitled to receive reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Employment Agreement (Inergy L P)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement or the Registration Rights Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 1 contract
Samples: Common Unit Purchase Agreement (DCP Midstream Partners, LP)
Expenses. If any action at law or in equity is necessary to -------- enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY OMITTED]
Appears in 1 contract
Samples: Stockholder Rights Agreement (Intertrust Technologies Corp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this the Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Registration Rights Agreement (Erickson Air-Crane Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the Articles, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Ista Pharmaceuticals Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled. Each Party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.
Appears in 1 contract
Samples: Distribution and Promotion Agreement (Crush Capital Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the Note, the Security Agreement or any other agreement entered into in conjunction herewith or therewith, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorneys fees, costs and necessary disbursements in addition to any other over relief to which such party may be entitledentitled and such prior agreement shall have no further force or effect.
Appears in 1 contract
Samples: Driveway Corp
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each Credit Party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.
Appears in 1 contract
Samples: Cgsi 2 Year Term Note Purchase Agreement (Capital Growth Systems Inc /Fl/)
Expenses. If any action at law or in equity is necessary to -------- enforce or interpret the terms of this Agreementthe Transaction Documents, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, out-of-pocket costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Petrosearch Energy Corp)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, out-of-pocket costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Exchange Agreement (Firsthand Technology Value Fund, Inc.)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to seek reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreementagreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Registration Rights Agreement (Profit Recovery Group International Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs expenses and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Expenses. If any action at law or in equity is necessary to enforce -------- or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
