PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) while an Event of Default has occurred and is continuing, this 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 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 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, reasonable attorneys’ fees and disbursements. The Company expressly acknowledges and agrees that no amounts due under this Note shall be affected, or limited, by the fact that the purchase price paid for this Note was less than the original Principal amount hereof.
Appears in 4 contracts
Samples: Second Exchange Agreement (Amyris, Inc.), Exchange Agreement (Amyris, Inc.), Exchange Agreement (Amyris, Inc.)
PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) while an Event of Default has occurred and is continuing, this Note 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 Note Debenture or to enforce the provisions of this Note 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 NoteDebenture, then then, to the extent the Holder prevails in any proceeding in connection with this Debenture, the Company shall pay the reasonable 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, reasonable attorneys’ fees and disbursements. The Company expressly acknowledges and agrees that no amounts due under this Note Debenture shall be affected, or limited, by the fact that the purchase price paid for this Note Debenture was less than the original Principal amount hereof.
Appears in 4 contracts
Samples: Securities Agreement (Remark Holdings, Inc.), Convertible Security Agreement (Remark Holdings, Inc.), Securities Agreement (Remark Holdings, Inc.)
PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) while an Event of Default has occurred and is continuing, this Note 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 Note Debenture or to enforce the provisions of this Note 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 NoteDebenture, then the Company shall pay the reasonable 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 limitation, reasonable attorneys’ fees and disbursements. The Company expressly acknowledges and agrees that no amounts due under this Note Debenture shall be affected, or limited, by the fact that the purchase price Purchase Price (as defined in the Purchase Agreement) paid for this Note was Debenture may have been less than the original Principal principal amount hereof.
Appears in 2 contracts
Samples: Convertible Security Agreement (Tanzanian Royalty Exploration Corp), Securities Purchase Agreement (Tanzanian Royalty Exploration Corp)
PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) while an Event of Default has occurred and is continuing, this 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 Note and/or any other Transaction Document or to enforce the provisions of this Note and/or any other Transaction Document 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 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, reasonable attorneys’ fees and disbursements. The Company expressly acknowledges and agrees that no amounts due under this Note and/or any other Transaction Document, as applicable, shall be affected, or limited, by the fact that the purchase price paid for this Note was less than the original Principal amount hereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ondas Holdings Inc.)