Common use of Expenses Clause in Contracts

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.)

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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 84 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 75 contracts

Samples: Registration Rights Agreement (iClick Interactive Asia Group LTD), Shareholders Agreement (Belite Bio, Inc), Shareholders Agreement (Belite Bio, 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: Investors’ Rights Agreement (CG Oncology, Inc.), Investors’ Rights Agreement (CG Oncology, Inc.), Investor Rights Agreement (Genelux 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, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 74 contracts

Samples: Project Specific Subscription Agreement, 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: Stock Purchase Agreement (Webb Interactive Services Inc), Rights Agreement (Agile Software Corp), Registration Rights Agreement (Ginsburg Scott K)

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: Shareholders Agreement (Inventa Technologies Inc), Shareholders Agreement (Inventa Technologies Inc), Preferred Stock Purchase Agreement (Inventa 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 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), Restricted Stock Agreement (Daou 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 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), Agreement (Interferon Sciences Inc), Investor Rights Agreement (Clontech Laboratories 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 (Saint James CO), Registration Rights Agreement (Purple Beverage Company, Inc.), Registration Rights Agreement (Golden Hope Resources 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 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.

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 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: Investors' Rights Agreement (Planetrx Com), Registration Rights Agreement (Actuate Corp), Investors' Rights Agreement (Dovebid 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 (Aura Systems Inc), Rights Agreement (Svi Holdings 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 8 contracts

Samples: Note Purchase Agreement (Mosaic ImmunoEngineering Inc.), Note Purchase Agreement (Pure Bioscience, Inc.), Note Purchase Agreement (Pure Bioscience, 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 7 contracts

Samples: Employment Agreement (Osi Systems Inc), Employment Agreement (Ambassadors Group Inc), Change in Control 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.), Voting and Standstill 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), Securities Purchase Agreement (Interoil Corp), Stock Purchase Agreement (Spacehab Inc \Wa\)

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 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 (United Leisure Corp), Employment Agreement (Grand Havana Enterprises 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 (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), Investors' 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), Registration Rights Agreement (Fogdog Inc), Investors' Rights Agreement (Inflow 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 (Entertainment Boulevard Inc), Employment Agreement (Entertainment Boulevard Inc), Employment Agreement (Worldnet Resources Group 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 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), Registration Rights Agreement (Mercantile Equity Partners Iii L P), Registration Rights Agreement (Vsource Inc)

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: Registration Rights Agreement (Viewcast Com Inc), Registration Rights Agreement (Toreador Resources Corp), Investors' Rights Agreement (Liquor Com Inc)

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 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 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 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 (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 (Viewcast Com Inc), Exchange Agreement (Viewcast Com Inc)

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), Rights Agreement (Production Group International Inc), Rights Agreement (Replaytv 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/), Centrepath Bridge 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 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, 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 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 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 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 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 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 Agreement (Genius Products Inc), Resale and Voting Agreement (Genius Products 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 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 3 contracts

Samples: Convertible Bridge Note (Stryve Foods, Inc.), Convertible Bridge Note (Stryve Foods, Inc.), Exclusive Channel Collaboration Agreement (Histogenics Corp)

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 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), Securities Purchase Agreement (Asi Technology Corp), Warrant and Common Stock Purchase Agreement (Enova 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 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: Rights Agreement (Advanced Tissue Sciences Inc), Registration Rights Agreement (Iteris Inc), Investors' Rights Agreement (Inflow 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 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' 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: Form of Note Purchase Agreement (Health Partnership Inc.), Form of Note Purchase Agreement (Health Partnership Inc.), Note and Warrant Purchase Agreement (BioVex Group, 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 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 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 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 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 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 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: Loan and Security Agreement (Excel Corp), Asset Purchase 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 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 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: Strategic Consulting Agreement (Mindarrow Systems Inc), Advisory Agreement (Mindarrow Systems Inc)

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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 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 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 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: Agreement (Fischer Imaging Corp), Registration Rights Agreement (Exogen 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 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 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 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 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’ 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’ 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 (Marketwatch Com Inc), Affiliate 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' fees, costs and necessary disbursements in addition to any other relief relief-to which such party may be entitled.

Appears in 1 contract

Samples: Investors' Rights Agreement (CleanTech Biofuels, 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 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 (Code Rebel 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, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Stockholder Rights Agreement (R2 Technology 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 1 contract

Samples: And Registration Rights Agreement (Overseas Filmgroup 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 incurred in connection with such enforcement in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: And Standstill Agreement (Ucbh Holdings 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

Samples: Investor Rights Agreement (Comscore, 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 will pay all reasonable expenses incurred by any member of the Board of Directors in attending Board of Director meetings or visiting the Company’s facilities in accordance with the Company’s reimbursement policies.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Silver Spring Networks 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 Note.

Appears in 1 contract

Samples: 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 entitled to reasonable attorneys' fees, costs costs, expenses and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Voting Agreement (Beacon Education Management 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

Samples: Purchase Agreement (Daystar 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’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledexpenses.

Appears in 1 contract

Samples: Employment Agreement (U S Realtel 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 coats and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Investors' Rights Agreement (Computer Access Technology 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 Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ legal fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Shareholders' Agreement (Brightpoint 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 1 contract

Samples: Rights Agreement (Stamps 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' 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 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 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 Agreement, the prevailing party shall be entitled to reasonable attorneys’ legal fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Rights Agreement (Pivotal 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 expenses and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Investors' Rights Agreement (Healtheon 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, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Series E Rights Agreement (Netpliance 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

Samples: Registration Rights Agreement (Digital Impact Inc /De/)

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. Company 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: Discount Coupons Corporation Note Purchase Agreement (Discount Coupons 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 and the Lender will bear their own legal and other expenses with respect to the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Restoration Robotics, Inc.)

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