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

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company or other proceedings affecting company creditors’ rights and involving a claim under this Warrant, 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 and disbursements.

Appears in 56 contracts

Samples: Securities Purchase Agreement (SCWorx Corp.), Ordinary Share Purchase Warrant (Primech Holdings LTD), Ordinary Share Purchase Warrant (Primech Holdings LTD)

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PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the holder Holder otherwise takes action to collect amounts due under this Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company or other proceedings affecting company creditors’ rights and involving a claim under this Warrant, 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 and disbursements.

Appears in 10 contracts

Samples: Securities Purchase Agreement (IMAC Holdings, Inc.), Securities Purchase Agreement (Phoenix Biotech Acquisition Corp.), Waiver and Amendment Agreement (Palisade Bio, Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the holder Holder otherwise takes action to collect amounts due under this Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company creditors’ rights and involving a claim under this Warrant, 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 and disbursements.

Appears in 6 contracts

Samples: Security Agreement (Blue Hat Interactive Entertainment Technology), Securities Agreement (Blue Hat Interactive Entertainment Technology), Security Agreement (Blue Hat Interactive Entertainment Technology)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company company, or other proceedings affecting company creditors’ rights and involving a claim under this Warrant, then the Company shall pay the costs incurred by the Holder for such collection, enforcement enforcement, or action or in connection with such bankruptcy, reorganization, receivership receivership, or other proceeding, including, without limitation, attorneys’ fees and disbursements.

Appears in 3 contracts

Samples: Warrant Agreement (NuZee, Inc.), Warrant Agreement (NuZee, Inc.), Warrant Agreement (NuZee, Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant Agreement is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the holder a Holder otherwise takes action to collect amounts due under this Warrant Agreement or to enforce the provisions of this Warrant Agreement or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or the Shareholder or other proceedings affecting company Company or the Shareholder creditors' rights and involving a claim under this WarrantAgreement, 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 limitationbut not limited to, attorneys' fees and disbursements.

Appears in 3 contracts

Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.), Put Agreement (A-Power Energy Generation Systems, Ltd.), Put Agreement (A-Power Energy Generation Systems, Ltd.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) an Event of Default has occurred and this Warrant 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 Holder otherwise takes action to collect amounts due under this Warrant Note or to enforce the provisions of this Warrant Note or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company Company creditors’ rights and involving a claim under this WarrantNote, then the Company shall pay the reasonable and documented out-of-pocket 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 and disbursements.

Appears in 2 contracts

Samples: Subordinated Note Agreement (Venus Concept Inc.), Subordinated Note Agreement (Venus Concept Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company Partnership or other proceedings affecting company Partnership creditors’ rights and involving a claim under this Warrant, then the Company Partnership 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 and disbursements.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Emerge Energy Services LP), Securities Purchase Agreement

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Holder otherwise takes action to collect amounts due under this Warrant Note or to enforce the provisions of this Warrant Note or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company Company creditors' rights and involving a claim under this WarrantNote, then the Company shall pay the reasonable and documented out-of-pocket 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 limitationbut not limited to, attorneys' fees and disbursements.

Appears in 2 contracts

Samples: Subordination Agreement (SANUWAVE Health, Inc.), Subordination Agreement (SANUWAVE Health, Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant Right 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 Warrant Right or to enforce the provisions of this Warrant Right or (b) there occurs any bankruptcy, reorganization, receivership of the company or other proceedings affecting company creditors’ rights and involving a claim under this WarrantRight, 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 and disbursements.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Titan Environmental Solutions Inc.), Agreement and Plan of Merger (Titan Environmental Solutions Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant Certificate is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the holder Holder otherwise takes action to collect amounts due under this Warrant Certificate or to enforce the provisions of this Warrant Certificate or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company creditors’ the Holder’s rights and involving a claim under this WarrantWarrant Certificate, 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, including attorneys’ fees and disbursements.

Appears in 2 contracts

Samples: Convertible Note Amendment (Li-Cycle Holdings Corp.), Note Purchase Agreement (Li-Cycle Holdings Corp.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant ---------------------------------------------------- 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 Holder otherwise takes action to collect amounts due under this Warrant Note or to enforce the provisions of this Warrant Note or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company Company creditors' rights and involving a claim under this WarrantNote, 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 limitationbut not limited to, attorneys' fees and disbursements.

Appears in 1 contract

Samples: Securities Exchange Agreement (Charys Holding Co Inc)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company or other proceedings affecting company creditors’ rights and involving a claim under this Warrant, 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, including attorneys’ fees and disbursements.

Appears in 1 contract

Samples: Securities Restructuring Agreement (Sundial Growers Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant Convertible 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 Holder otherwise takes action to collect amounts due under this Warrant Convertible Note or to enforce the provisions of this Warrant Convertible Note or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company Company creditors’ rights and involving a claim under this WarrantConvertible Note, 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 limitationbut not limited to, attorneys’ fees and disbursements.

Appears in 1 contract

Samples: Secured Convertible Note (WorldSpace, Inc)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Holder otherwise takes action to collect amounts due under this Warrant Note or to enforce the provisions of this Warrant Note or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company Company creditors’ rights and involving a claim under this WarrantNote, then the Company shall pay the 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 limitationbut not limited to, attorneys’ fees and disbursements.

Appears in 1 contract

Samples: Convertible Note (Comstock Inc.)

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PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Holder otherwise takes action to collect amounts due under this Warrant Note or to enforce the provisions of this Warrant Note or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company Company creditors' rights and involving a claim under this WarrantNote, then the Company prevailing party shall pay the costs incurred by the Holder or the Company for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitationbut not limited to, attorneys' fees and disbursements.

Appears in 1 contract

Samples: Senior Note (Vertical Branding, Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company or other proceedings affecting company creditors' rights and involving a claim under this Warrant, 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 and disbursements.

Appears in 1 contract

Samples: Prepaid Warrant (DryShips Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company or other proceedings affecting company creditors’ rights and involving a claim under this Warrant, 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 and disbursements.. EXECUTION COPY

Appears in 1 contract

Samples: Securities Purchase Agreement (Bergio International, Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Holder otherwise takes action to collect amounts due under this Warrant Note or to enforce the provisions of this Warrant Note or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company Company creditors’ rights and involving a claim under this WarrantNote (other than the Company’s Chapter 11 Case), 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 limitationbut not limited to, attorneys’ fees and disbursements.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biovest International Inc)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Holder otherwise takes action to collect amounts due under this Warrant Note or to enforce the provisions of this Warrant Note or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company Company creditors’ rights and involving a claim under this WarrantNote, 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 and disbursements.

Appears in 1 contract

Samples: Unsecured Note (Electronic Cigarettes International Group, Ltd.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company or other proceedings affecting company creditors’ rights and involving a claim under this Warrant, 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, reasonable attorneys’ fees and disbursements.

Appears in 1 contract

Samples: Securities Purchase Agreement (Delcath Systems, Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Holder otherwise takes action to collect amounts due under this Warrant Debenture or to enforce the provisions of this Warrant Debenture or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company Company creditors’ rights and involving a claim under this WarrantDebenture, then the Company shall pay the reasonable costs incurred by the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitationbut not limited to, reasonable attorneys’ fees and disbursements.

Appears in 1 contract

Samples: Debenture (Green St. Energy, Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Holder otherwise takes action to collect amounts due under this Warrant Debenture or to enforce the provisions of this Warrant Debenture or (b) there occurs any bankruptcy, reorganization, receivership of the company Company or other proceedings affecting company Company creditors’ rights and involving a claim under this WarrantDebenture, 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 limitationbut not limited to, attorneys’ fees and disbursements.

Appears in 1 contract

Samples: Securities Purchase Agreement (Telecommunication Systems Inc /Fa/)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant 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 Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company or other proceedings affecting company creditors’ rights and involving a claim under this Warrant, then the Company shall pay the reasonable 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 and disbursements.

Appears in 1 contract

Samples: Security Agreement (Dolphin Entertainment, Inc.)

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