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

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or Registered Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this 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 Note, then the Company shall pay the reasonable costs incurred by Registered Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including but not limited to reasonable attorneys fees and disbursements.

Appears in 4 contracts

Samples: Convertible Promissory Note Purchase Agreement (Transgenomic Inc), Convertible Note (Transgenomic Inc), Convertible Note (Transgenomic Inc)

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PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or Registered the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, 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 Note, then the Company shall pay the reasonable costs incurred by Registered the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including including, but not limited to to, reasonable attorneys attorneys’ fees and disbursements.

Appears in 4 contracts

Samples: Note and Warrant Purchase Agreement, Note Purchase and Exchange Agreement (Intersections Inc), Note and Warrant Purchase Agreement (CareView Communications Inc)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement of the debt evidenced hereby or is collected or enforced through any legal proceeding or Registered the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, 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 Note, then the Company shall pay the reasonable costs incurred by Registered the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including but not limited to including, without limitation, reasonable attorneys attorneys’ fees and disbursements.

Appears in 3 contracts

Samples: Subordination Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (Atomera Inc), Convertible Note (AgriVest Americas, Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or Registered the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, 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 Note, then the Company shall pay the reasonable and documented costs incurred by Registered the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including including, but not limited to reasonable attorneys to, attorneys’ fees and disbursements.

Appears in 3 contracts

Samples: Convertible Note (Metalico Inc), Convertible Note (Metalico Inc), Convertible Note (Metalico Inc)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or Registered the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, 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 Note, then the Company shall pay the reasonable costs incurred by Registered the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including including, but not limited to to, reasonable attorneys and documented attorneys’ fees and disbursements.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.), Securities Purchase Agreement (Great Basin Scientific, Inc.)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or Registered the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, 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 Note, then the Company shall pay the reasonable costs incurred by Registered the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including but not limited to including, without limitation, reasonable attorneys attorneys’ fees and disbursements.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Resonant Inc), Exchange Agreement (Resonant Inc)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or Registered the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, Note or (b) there occurs any bankruptcy, reorganization, receivership of the Company or other proceedings affecting Company the Company’s creditors’ rights and involving a claim under this Note, then the Company shall pay the reasonable costs and expenses incurred by Registered the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including but not limited to reasonable attorneys including, without limitation, attorneys’ fees and disbursements.

Appears in 2 contracts

Samples: Security Agreement (Intercloud Systems, Inc.), Security Agreement (Intercloud Systems, Inc.)

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PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or Registered the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, 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 Note, then the Company shall pay the reasonable costs incurred by Registered the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including including, but not limited to to, reasonable attorneys attorneys’ fees and disbursements.

Appears in 2 contracts

Samples: Security Agreement (Sirva Inc), Security Agreement (Sirva Inc)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or Registered the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, 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 Note, then the Company shall pay the reasonable costs incurred by Registered the Holder for such the valid collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including including, but not limited to reasonable attorneys to, attorneys’ fees and disbursements.

Appears in 1 contract

Samples: Stock Purchase Agreement (Imation Corp)

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or Registered Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, or (b) there occurs any bankruptcy, reorganization, receivership of the Company or other proceedings affecting Company creditors’ creditors153 rights and involving a claim under this Note, then the Company shall pay the reasonable costs incurred by Registered Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including but not limited to reasonable attorneys fees and disbursements. 12.

Appears in 1 contract

Samples: Convertible Promissory Note Purchase Agreement

PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or Registered the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, Note or (b) there occurs any bankruptcy, reorganization, receivership of the Company a Borrower or other proceedings affecting Company a Borrower’s creditors’ rights and involving a claim under this Note, then the Company Borrowers shall pay the reasonable costs and expenses incurred by Registered the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including but not limited to reasonable attorneys including, without limitation, attorneys’ fees and disbursements.

Appears in 1 contract

Samples: Security Agreement (Intercloud Systems, Inc.)

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