Common use of PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS Clause in Contracts

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Debenture is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the Holder otherwise takes action to collect amounts due under this Debenture or to enforce the provisions of this Debenture or (b) there occurs any bankruptcy, reorganization, receivership of the Company or other proceedings affecting Company creditors’ rights and involving a claim under this Debenture, then the Company shall pay the costs incurred by the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees, financial advisors and disbursements. The Company expressly acknowledges and agrees that no amounts due under this Debenture shall be affected, or limited, by the fact that the purchase price paid for this Debenture was less than the original Principal amount hereof.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Baxano Surgical, Inc.), Securities Purchase Agreement (Baxano Surgical, Inc.)

AutoNDA by SimpleDocs

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Debenture Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the Holder otherwise takes action to collect amounts due under this Debenture Note or to enforce the provisions of this Debenture Note or (b) there occurs any bankruptcy, reorganization, receivership of the Company or other proceedings affecting Company creditors’ rights and involving a claim under this DebentureNote, then the Company shall pay the reasonable costs and expenses incurred by the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees, financial advisors fees and disbursements. The Company expressly acknowledges and agrees that no amounts due under this Debenture Note shall be affected, or limited, by the fact that the purchase price Purchase Price (as defined in the Securities Purchase Agreement) paid for this Debenture was Note may have been less than the original Principal amount hereof.

Appears in 1 contract

Samples: Senior Convertible Note (Victory Electronic Cigarettes Corp)

AutoNDA by SimpleDocs

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Debenture is any Preference Shares are placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the a Holder otherwise takes action to collect amounts due under this Debenture the Schedule of Terms with respect to the Preference Shares or to enforce the provisions of this Debenture the Schedule of Terms or (b) there occurs any bankruptcy, reorganization, receivership of the Company or other proceedings affecting Company creditors’ rights and involving a claim under this Debenturethe Schedule of Terms, then the Company shall pay the costs incurred by the such Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees, financial advisors fees and disbursements. The Company expressly acknowledges and agrees that no amounts due under this Debenture the Schedule of Terms with respect to any Preference Shares shall be affected, or limited, by the fact that the purchase price paid for this Debenture each Preference Share was less than the original Principal amount hereofStated Value thereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tritium DCFC LTD)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!