Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 228 contracts
Samples: Warrant Agreement (Ceribell, Inc.), Warrant Agreement (Ceribell, Inc.), Warrant Agreement (Ceribell, Inc.)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 94 contracts
Samples: Warrant Agreement (Peninsula Acquisition Corp), Loan and Security Agreement (Depomed Inc), Warrant Agreement (Metabasis Therapeutics Inc)
Recovery of Litigation Costs. If any legal action or other proceeding ---------------------------- is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 14 contracts
Samples: Loan Agreement (Pilot Network Services Inc), Loan and Security Agreement (Corsair Communications Inc), Warrant Agreement (Mpath Interactive Inc/Ca)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this WarrantAgreement or any agreement or instrument delivered under or in connection with this Agreement, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this WarrantAgreement, the successful or prevailing party Party or parties Parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 11 contracts
Samples: Employment Agreement (Quantum Computing Inc.), Director Agreement (Immudyne, Inc.), Director Agreement (Immudyne, Inc.)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this WarrantAgreement or any agreement or instrument delivered under or in connection with this Agreement, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this WarrantAgreement, the successful or prevailing party Party or parties Parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 9 contracts
Samples: Executive Employment Agreement (Aspargo Labs, Inc.), Executive Employment Agreement (Aspargo Labs, Inc.), Employment Agreement (Conversion Labs, Inc.)
Recovery of Litigation Costs. If any legal or equitable action or any arbitration or other proceeding is brought for the enforcement or interpretation of this WarrantAgreement, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this WarrantAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that such action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Bonanza Goldfield Corp.), Stock Purchase Agreement (Coyote Resources, Inc.), Stock Purchase Agreement (Coyote Resources, Inc.)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrantwarrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrantwarrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 8 contracts
Samples: Merger Agreement (Ats Medical Inc), Common Stock and Warrant Purchase Agreement (Ats Medical Inc), Subordinated Credit Agreement (Ats Medical Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this WarrantAgreement, or because of an alleged dispute, breach, default, a dispute arising out of or misrepresentation in connection with any of the provisions of related to this WarrantAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 5 contracts
Samples: Data Purchase Agreement (Manse Usa LLC), Data Purchase Agreement (Manse Usa LLC), Data Purchase Agreement (Manse Usa LLC)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Warrantagreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrantagreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Majestic Companies LTD), Asset Purchase Agreement (Ivi Communications Inc), Purchase and Sale Agreement (Meadowbrook Rehabilitation Group Inc)
Recovery of Litigation Costs. If any legal action or other ---------------------------- proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 4 contracts
Samples: Warrant Agreement (Xenogen Corp), Warrant Purchase and Equity Rights Agreement (Tivo Inc), Warrant Agreement (Corsair Communications Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 4 contracts
Samples: Warrant Agreement (Skydesk Inc), Common Stock Warrant Agreement (Lendingtree Inc), Warrant Agreement (Global Election Systems Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs reasonably incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 4 contracts
Samples: Warrant Agreement (Acusphere Inc), Warrant Agreement (Acusphere Inc), Warrant Agreement (Acusphere Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrantany Loan Document, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this Warrantany Loan Document, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 3 contracts
Samples: Collateral and Guarantee Agreement (Global Election Systems Inc), Bridge Loan Agreement (Global Election Systems Inc), Bridge Loan Agreement (Global Election Systems Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrantwarrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Warrant Agreement (Omm Inc)
Recovery of Litigation Costs. If any legal action or any arbitration ---------------------------- or other proceeding is brought for the enforcement of this WarrantPlan, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this WarrantPlan, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Plan and Agreement of Reorganization (Accesspoint Corp /Nv/)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, proceeding in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Warrant Agreement (Exelixis Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Warrant Agreement (Colo Com)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 16.
Appears in 1 contract
Samples: Loan and Security Agreement
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or of prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Warrant Agreement (Egenera, Inc.)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees and other costs incurred inclined in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Warrant Agreement (Egenera, Inc.)
