Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreements, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 54 contracts
Samples: Exclusive Services Agreement (Impac Mortgage Holdings Inc), Series E Preferred Stock Purchase Agreement (Metabasis Therapeutics Inc), Preferred Stock Purchase Agreement (Landec Corp \Ca\)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 49 contracts
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Winc, Inc.), Stock Purchase Agreement, Note Purchase Agreement
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 48 contracts
Samples: Astra Energy, Inc., Astra Energy, Inc., Astra Energy, Inc.
Attorneys’ Fees. If any action at of law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to its reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 43 contracts
Samples: Notice of Exercise (Health Sciences Acquisitions Corp 2), Notice of Exercise (Health Sciences Acquisitions Corp 2), Notice of Exercise (Health Sciences Acquisitions Corp 2)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 35 contracts
Samples: Series F Preferred Share Purchase Agreement (Qiniu Ltd.), Series F Preferred Share Purchase Agreement (Qiniu Ltd.), Preferred Share Purchase Agreement (Qiniu Ltd.)
Attorneys’ Fees. If any action at law or in equity (including --------------- arbitration) is necessary to enforce or interpret the terms of any of the Agreements, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 27 contracts
Samples: Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 24 contracts
Samples: Preferred Stock Purchase Agreement (Basil Street Cafe, Inc.), Preferred Stock Purchase Agreement (Basil Street Cafe, Inc.), Preferred Stock Purchase Agreement (ATAI Life Sciences B.V.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 24 contracts
Samples: Note and Warrant Purchase Agreement (Aclarion, Inc.), Note and Warrant Purchase Agreement (Nocimed, Inc.), Warrant Agreement (Klaviyo, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 16 contracts
Samples: Rights Agreement (Simplex Solutions Inc), Investors' Rights Agreement (GMP Companies Inc), Agreement and Plan of Reorganization (Niku Corp)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 15 contracts
Samples: Rights Agreement (Wachovia Corp New), S Rights Agreement (Toronto Dominion Texas Inc), Investor's Rights Agreement (Fibernet Telecom Group Inc\)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to its reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 14 contracts
Samples: Warrant (Local Matters Inc.), Warrant (Local Matters Inc.), Local Matters Inc.
Attorneys’ Fees. If any action at of law or in equity (including arbitration) is necessary to --------------- enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to its reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 14 contracts
Samples: And Mci Worldcom (Equinix Inc), And Mci Worldcom (Equinix Inc), Common Stock Pipes Purchase Agreement (P Com Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 14 contracts
Samples: Sales Agent Agreement (Destiny Enterprises, Inc.), Sales Agent Agreement (Stuart King Capital Corp), Sales Agent Agreement (Great Idea Corp)
Attorneys’ Fees. If any action at law or in equity (action, including arbitration) , is necessary brought to enforce this Agreement or interpret to determine the terms relative rights and obligations for either of any of the Agreementsits parties, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 12 contracts
Samples: Employment Agreement (Bank Holdings), Employment Agreement (Bank Holdings), Employment Agreement (Bank Holdings)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsAgreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 12 contracts
Samples: Registration Rights Agreement (U.S. Dry Cleaning Services Corp), Security Agreement (US Dry Cleaning Services Corp), Security Agreement (US Dry Cleaning Services Corp)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any provision of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled pursuant to the underlying action.
Appears in 12 contracts
Samples: Employment Agreement (Nava Health Md, LLC), Employment Agreement (Nava Health Md, LLC), Employment Agreement (iBio, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 11 contracts
Samples: Stock Purchase Agreement (North American Oil & Gas Corp.), Stock Purchase Agreement (North American Oil & Gas Corp.), Stock Purchase Agreement (North American Oil & Gas Corp.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsAgreement, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 11 contracts
Samples: Secured Convertible Note Purchase Agreement (Medicine Man Technologies, Inc.), Employment Agreement (Jazz Pharmaceuticals Inc), Employment Agreement (Jazz Pharmaceuticals Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreements, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 10 contracts
Samples: Loan Agreement (Gb Sciences Inc), Loan Agreement (Gb Sciences Inc), Note Purchase Agreement (Growblox Sciences, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Displaytech Inc), Stock Purchase Agreement (Displaytech Inc), Stock Purchase Agreement (Displaytech Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 9 contracts
Samples: Investors’ Rights Agreement (H-Cyte, Inc.), Stock Purchase Agreement (ACM Research, Inc.), Stock Purchase Agreement (ACM Research, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party Party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 8 contracts
Samples: Stock Purchase Agreement (China Tel Group Inc), Subscription and Shareholder Agreement (China Tel Group Inc), Subscription and Shareholder Agreement (China Tel Group Inc)
Attorneys’ Fees. If If, in any action at law or in equity (including arbitration) ), it is necessary to enforce or interpret any of the terms of any these Terms of the AgreementsService, the prevailing party shall will be entitled to reasonable attorney's ’s fees, costs and necessary disbursements disbursements, in addition to any other relief to which that such party may be entitled.
Appears in 8 contracts
Samples: Terms of Service, Terms of Service, Terms of Service
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party in such dispute shall be entitled to collect its reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 8 contracts
Samples: Verisilicon Holdings Co LTD, Verisilicon Holdings Co LTD, Verisilicon Holdings Co LTD
Attorneys’ Fees. If any action at law or in equity (including including, arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Class B Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Limited Liability Company Agreement (Learn SPAC HoldCo, Inc.)
Attorneys’ Fees. If any action at of law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be is entitled to its reasonable attorney's attorneys’ fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party it may be entitled.
Appears in 7 contracts
Samples: Singulex Inc, Singulex Inc, Singulex Inc
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Secured Convertible Note Purchase Agreement (H-Cyte, Inc.), Secured Convertible Note and Warrant Purchase Agreement (FWHC Holdings, LLC), Secured Convertible Note and Warrant Purchase Agreement (H-Cyte, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (Pacifichealth Laboratories Inc), Common Stock Purchase Agreement (Data Systems & Software Inc), Securities Purchase Agreement (Pacifichealth Laboratories Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Common Stock Purchase (US Dry Cleaning Services Corp), US Dry Cleaning Services Corp, US Dry Cleaning Services Corp
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party Party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (TuSimple Holdings Inc.), Series E Preferred Share Purchase Agreement (TuSimple Holdings Inc.), Preferred Share Purchase Agreement (TuSimple Holdings Inc.)
Attorneys’ Fees. If any action arbitration or civil action, whether at law or in equity (including arbitration) equity, is necessary to enforce or interpret any of the terms of any of the Agreementsthis Agreement, the prevailing party shall will be entitled to reasonable attorney's attorneys' fees, costs court costs, and necessary disbursements other reasonable expenses of litigation, in addition to any other relief to which such party may be entitled.
Appears in 6 contracts
Samples: Employment Agreement (Sport Supply Group Inc), Employment Agreement (Essxsport Corp), Employment Agreement (Sport Supply Group Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled as determined by such court, equity or arbitration proceeding.
Appears in 6 contracts
Samples: Lock Up Agreement (Santeon Group, Inc.), Lock Up Agreement (Santeon Group, Inc.), Lock Up Agreement (Santeon Group, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Raybor Management Inc), Stock Purchase Agreement (Jagen Pty LTD), Stock Purchase Agreement (Raybor Management Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 6 contracts
Samples: Preferred Stock Purchase Agreement, Adoption Agreement (Fulcrum Bioenergy Inc), Series C Preferred Stock Purchase Agreement (Fulcrum Bioenergy Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Investor’s Rights Agreement (LINKBANCORP, Inc.), ’s Rights Agreement (LINKBANCORP, Inc.), ’s Rights Agreement (LINKBANCORP, Inc.)
Attorneys’ Fees. If any action at law or in equity (including including, without limitation, arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 5 contracts
Samples: Convertible Preferred Stock Subscription Agreement (IMH Financial Corp), Senior Perpetual Preferred Stock Subscription Agreement (IMH Financial Corp), Convertible Preferred Stock Subscription Agreement (IMH Financial Corp)
Attorneys’ Fees. If any action at of law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to reimbursement of its reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 5 contracts
Samples: Cooperation Agreement (Hainan Oriental Jiechuang Investment Partnership (Limited Partnership)), Shareholders’ Agreement (Hainan Oriental Jiechuang Investment Partnership (Limited Partnership)), Share Purchase Agreement (Full Truck Alliance Co. Ltd.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any provision of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.entitled pursuant to the underlying action
Appears in 4 contracts
Samples: Employment Agreement (iBio, Inc.), Employment Agreement (iBio, Inc.), Employment Agreement (iBio, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of this Agreement or the Ancillary Agreements, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Convertible Debenture Purchase Agreement (Vycor Medical Inc), Convertible Debenture Purchase Agreement (Vycor Medical Inc), Convertible Debenture Purchase Agreement (Vycor Medical Inc)
Attorneys’ Fees. If any action at law or in equity (including --------------- arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements (including all fees, costs and expenses of appeals) in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Voting Agreement (Northpoint Communications Group Inc), Voting Agreement (Northpoint Communications Holdings Inc), Sale Agreement (Northpoint Communications Group Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement or any of the AgreementsRelated Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled as determined by such court, equity or arbitration proceeding.
Appears in 4 contracts
Samples: Purchase Agreement (Cgen Digital Media Co LTD), Purchase Agreement (Cgen Digital Media Co LTD), Purchase Agreement (Cgen Digital Media Co LTD)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsAgreement, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Nu Skin Enterprises Inc), Stock Purchase Agreement (Nu Skin Enterprises Inc), Stock Repurchase Agreement (Nu Skin Enterprises Inc)
Attorneys’ Fees. If In the event that any arbitration or legal action at law or in equity (including arbitration) is becomes necessary to enforce or interpret the terms of any of the Agreementsthis Agreement or a dispute arises based thereupon, the prevailing party shall be entitled to reasonable attorney's feesentitled, costs and necessary disbursements in addition to any other relief its court costs, to which such party reasonable attorneys' fees, expert witness fees and legal expenses as may be entitledfixed by an arbitrator or court of competent jurisdiction.
Appears in 4 contracts
Attorneys’ Fees. If any action at law or in equity (including --------------- arbitration) is necessary to enforce or interpret the terms of any of this Agreement or the Related Agreements, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Petopia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc)
Attorneys’ Fees. If If, in any action at law or in equity (including arbitration) ), it is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which that such party may be entitled.
Appears in 4 contracts
Samples: Note Purchase Agreement (Tivic Health Systems, Inc.), Note Purchase Agreement (Tivic Health Systems, Inc.), Note and Warrant Purchase Agreement (One Stop Systems, Inc.)
Attorneys’ Fees. If any action at law or in equity (including --------------- arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Registration Rights Agreement (Tut Systems Inc), Escrow Agreement (Netcentives Inc), Joint Marketing Agreement (Chemdex Corp)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Liqtech International Inc), Note and Warrant Purchase Agreement (Identiv, Inc.), Note Purchase Agreement
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary instituted to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Investor Rights Agreement (Altus Pharmaceuticals Inc.), Voting Standstill Agreement (Altus Pharmaceuticals Inc.), Enviroplex Stock Exchange Agreement (McGrath Rentcorp)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: License Agreement (Wildcap Energy Inc.), Option Agreement (Wildcap Energy Inc.), Option Agreement (WildCap Energy Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary instituted to enforce or interpret the terms of any of the AgreementsWarrants, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Mti Technology Corp, Mti Technology Corp, Mti Technology Corp
Attorneys’ Fees. If any action at law or in equity (including --------------- arbitration) is necessary to enforce or interpret the terms of any of the Agreements, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Onvia Com Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret any of the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. In addition, the Company shall pay the reasonable attorneys' fees, costs and disbursements of the Holder in enforcing any terms of this Warrant, whether or not any action at law or in equity is brought.
Appears in 3 contracts
Samples: Icm Asset Management Inc/Wa, Icm Asset Management Inc/Wa, Icm Asset Management Inc/Wa
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsAgreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements as determined by the arbitrator in the said action in addition to any other relief to which such party may be entitled. Each Party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.
Appears in 3 contracts
Samples: Support Agreement (InFinT Acquisition Corp), Support Agreement (InFinT Acquisition Corp), Support Agreement (InFinT Acquisition Corp)
Attorneys’ Fees. If any action at of law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to its reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 3 contracts
Samples: Warrant Purchase Agreement (Avanex Corp), Warrant Purchase Agreement (Avanex Corp), Bgi Inc
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsAgreement, the prevailing party Party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 3 contracts
Samples: Stock Purchase Agreement (ForceField Energy Inc.), Stock Purchase Agreement (ForceField Energy Inc.), Stock Purchase Agreement (ForceField Energy Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled, whether suit is actually filed and in all instances of a further appeal of an underlying action.
Appears in 3 contracts
Samples: Unit Purchase Agreement (Instructure Holdings, Inc.), Agreement and Plan of Merger (Q2 Holdings, Inc.), Agreement and Plan of Merger
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Registration Rights Agreement (Anacor Pharmaceuticals Inc), Investors' Rights Agreement (Anacor Pharmaceuticals Inc), Investors' Rights Agreement (Anacor Pharmaceuticals Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party to such action shall be entitled to reasonable attorney's and documented out-of-pocket attorneys’ fees, costs and necessary disbursements (the “Enforcement Costs”) in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Purchase Agreement (Walgreens Boots Alliance, Inc.), Purchase Agreement (Walgreens Boots Alliance, Inc.), Class D Preferred Unit Purchase Agreement (Walgreens Boots Alliance, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Accelgraphics Inc, Accelgraphics Inc
Attorneys’ Fees. If any action at law or in equity (including arbitration) or by way of arbitration is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's all reassonable attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party he or it may be entitled.
Appears in 2 contracts
Samples: Executive Employment Agreement (Actiga Corp), Executive Employment Agreement (Actiga Corp)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Document, the prevailing party shall will be entitled to reasonable attorney's its actual attorneys' fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Securities Purchase Agreement (I Flow Corp /De/), Securities Purchase Agreement (I Flow Corp /De/)
Attorneys’ Fees. If any action at law or in equity (including including, arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Adoption Agreement (ACV Auctions Inc.), Investor Rights Agreement (Lucira Health, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party Party shall be entitled to reasonable attorney's attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party Party may be entitledentitled¸ provided, however, if a decision is partially in favor of both Parties, then the Parties will each pay a pro rata portion of the costs and expenses based upon such partial award.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Grown Rogue International Inc.), Stock Purchase Agreement (Grown Rogue International Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's actual attorneys’ fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Consulting Agreement, Consulting Agreement (Yew Bio-Pharm Group, Inc.)
Attorneys’ Fees. If any action at law or in equity (including including, without limitation, arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.. 5.11
Appears in 2 contracts
Samples: Convertible Preferred Stock Subscription Agreement, Convertible Preferred Stock Subscription Agreement
Attorneys’ Fees. If any action at law or in equity (including including, arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Contribution and Exchange Agreement (Hagerty, Inc.), Stock Purchase Agreement (Eleison Pharmaceuticals Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Investor Rights Agreement (Bayhill Therapeutics, Inc.), License Agreement (GPC Biotech Ag)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any provision of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.entitled pursuant to the underlying action.
Appears in 2 contracts
Samples: Employment Agreement (Wayside Technology Group, Inc.), Employment Agreement (Wayside Technology Group, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of this Agreement, the Warrants or the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Terran Orbital Corp), Stock and Warrant Purchase Agreement (Tailwind Two Acquisition Corp.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorney?s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled as determined by such court, equity or arbitration proceeding.
Appears in 2 contracts
Samples: Lockup Agreement (Cross Atlantic Commodities, Inc.), Lockup Agreement (Cross Atlantic Commodities, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's fees’s feeS, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Anterios Inc), Preferred Stock Purchase Agreement (Anterios Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreements, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Warrant Purchase Agreement, Warrant Purchase Agreement (Lifelock, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: S Rights Agreement (Ibm Credit Corp), Stockholders Agreement (Ibm Credit Corp)
Attorneys’ Fees. If any action at law or in equity (including --------------- arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Declaration, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Shareholder Agreement (Digital Island Inc), Sandpiper Networks Inc
Attorneys’ Fees. If any action at law or in equity (including arbitration) arising out of any dispute between the parties is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement
Attorneys’ Fees. If any action at law or in equity (including arbitration) or any arbitration action is necessary to enforce (or defend against enforcement of) or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (KonaRed Corp), Series a Preferred Stock Purchase Agreement (Willsey Gregory Thomas)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of the Agreement.
Appears in 2 contracts
Samples: Coin Purchase Agreement, Series Seed Preferred Stock Purchase Agreement (Groundfloor Finance Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement or any of the Ancillary Agreements, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled as determined by such court, equity or arbitration proceeding.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Bluebook International Holding Co), Convertible Redeemable Preferred Stock Purchase Agreement (Cotelligent Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Medicalogic/Medscape Inc), Preferred Stock and Warrant Purchase Agreement (Soros Fund Management LLC)
Attorneys’ Fees. If any action at law or in equity (including --------------- arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's fees, fees costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Rights Agreement (Digital Insight Corp), Rights Agreement (Digital Insight Corp)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.]
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement, Preferred Stock Purchase Agreement
Attorneys’ Fees. If In any action at law or in equity (including arbitration) is necessary equity, or administration or arbitration proceeding, to enforce or interpret the terms of any of the Agreementsthis Lease, the prevailing party shall will be entitled to reasonable attorney's ’s fees, costs and necessary disbursements disbursement, including such fees prior to the commencement of litigation, and on appeal, in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Agricultural Lease Agreement, Agricultural Lease (Alico Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to recover reasonable attorney's and necessary attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Camelot Entertainment Group, Inc.), Preferred Stock Purchase Agreement (Camelot Entertainment Group, Inc.)
Attorneys’ Fees. If In any legal action at law or in equity other proceeding (including arbitrationany arbitration proceeding) is necessary brought to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party or parties shall be entitled to reasonable attorney's fees, fees and other costs and necessary disbursements expenses incurred in that proceeding and in any subsequent appeals, in addition to any other relief to which such party may be he or it is entitled.
Appears in 2 contracts
Samples: Purchase Agreement (Clearwire Corp), Purchase Agreement (Clearwire Corp)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Skyworks Solutions, Inc.), Agreement and Plan of Merger (Darden Restaurants Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the substantially prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Wowio, Inc., Wowio, Inc.
Attorneys’ Fees. If any action at law or in equity (including including, arbitration) is necessary to enforce or interpret the terms of any of this Agreement or the AgreementsNotes, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (InterPrivate II Acquisition Corp.), Convertible Note Purchase Agreement (InterPrivate II Acquisition Corp.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Warrant, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Titan Machinery Inc., Titan Machinery Inc.
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Amendment, the prevailing party Party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 2 contracts
Samples: Transfer and Note Cancellation Agreement (ACM Research, Inc.), Transfer and Note Cancellation Agreement (ACM Research, Inc.)
Attorneys’ Fees. If any action at law or in equity (including including, arbitration) is necessary to enforce or interpret any of the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Canopy Growth Corp), Share Purchase Agreement (Canopy Growth Corp)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Transaction Agreements, the prevailing party Party shall be entitled to reasonable attorney's attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party Party may be entitled, provided, however, if a decision is partially in favor of both Parties, then the Parties will each pay a pro rata portion of the costs and expenses based upon such partial award.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Grown Rogue International Inc.), Stock Purchase Agreement (Grown Rogue International Inc.)
Attorneys’ Fees. If any action at law or in equity (including --------------- arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Rights Agreement (Digital Island Inc), Rights Agreement (Digital Island Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party Secured Parties shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party they may be entitled.
Appears in 2 contracts
Samples: Security Agreement (Unity Wireless Corp), Security Agreement (Unity Wireless Corp)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis License Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each of the parties hereto shall pay its own costs and expenses that such party incurs with respect to the negotiation, execution, delivery and performance of this License Agreement and the transactions contemplated hereunder.
Appears in 1 contract
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, including any of the Agreementsaction through arbitration in accordance with Section 11.10 above, the prevailing party shall be entitled to reasonable attorney's fees, costs costs, and necessary disbursements in addition to any other relief to which such party he or it may be entitled.
Appears in 1 contract
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the AgreementsTransaction Documents, the prevailing party shall be entitled to reasonable attorney's ’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreements, this Warrant the prevailing party shall be entitled to reasonable attorney's attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Force10 Networks Inc
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement or any of the AgreementsRelated Document, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled as determined by such court, equity or arbitration proceeding.
Appears in 1 contract
Samples: Senior Preferred Stock Purchase Agreement (Arbinet Holdings Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or enforceor interpret the terms of any of the Agreementsthis Agreement, the prevailing party shall be entitled to reasonable attorney's attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled as determined by such court, equity or arbitration proceeding.
Appears in 1 contract
