Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 362 contracts
Sources: Investors’ Rights Agreement (MNTN, Inc.), Investor Rights Agreement (CapsoVision, Inc), Investors’ Rights Agreement (MNTN, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 354 contracts
Sources: Stockholders Agreement (Rank One Computing Corp Dba ROC), Stockholders Agreement (Rank One Computing Corp Dba ROC), Securities Purchase Agreement (Amaze Holdings, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 269 contracts
Sources: Shareholder Agreements, Right of First Offer and Co Sale Agreement, Membership Interest Purchase Agreement (GolfSuites 1, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 195 contracts
Sources: Registration Rights Agreement (Via Transportation, Inc.), Registration Rights Agreement (Via Transportation, Inc.), Investor Rights Agreement
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 95 contracts
Sources: Stock Restriction Agreement (Angel Studios, Inc.), Stock Restriction Agreement (Angel Studios, Inc.), Investors’ Rights Agreement (Heartflow, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement or any Related Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement and/or such Related Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 60 contracts
Sources: Securities Purchase Agreement, Note Purchase Agreement (Biovest International Inc), Securities Purchase Agreement (Micro Component Technology Inc)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including, without limitation, to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 40 contracts
Sources: Convertible Promissory Note Subscription Agreement, Convertible Promissory Note Subscription Agreement, Investors’ Rights Agreement
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 28 contracts
Sources: Stock Purchase Agreement Amendment (Emerging Fuels Technology, Inc.), Note Purchase Agreement (Laredo Oil, Inc.), Resale Registration Rights Agreement (NantHealth, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 27 contracts
Sources: Investors’ Rights Agreement (Surrozen, Inc./De), Common Stock Option Agreement (RMG Acquisition Corp. III), Common Stock Option Agreement (RMG Acquisition Corp. III)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 23 contracts
Sources: First Refusal and Co Sale Agreement (PureTech Health PLC), First Refusal and Co Sale Agreement (PureTech Health PLC), First Refusal and Co Sale Agreement (PureTech Health PLC)
Attorneys’ Fees. In the event that If any suit or action is instituted party to this Agreement seeks to enforce any provision in the terms and provisions of this Agreement, then the prevailing party in such dispute action shall be entitled to recover from the losing party all costs in connection with such action, including without limitation reasonable attorneys' fees, expenses and costs and expenses of enforcing any right of such prevailing party under or incurred with respect to this Agreementtrials, including without limitation, such reasonable fees appeals and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealscollection.
Appears in 15 contracts
Sources: Stock Purchase Agreement (Secure Blue Inc), Stock Purchase Agreement (Freewillpc Com Inc), Stock Purchase Agreement (Persico Anthony J)
Attorneys’ Fees. In the event that any suit or action Action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 15 contracts
Sources: Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.)
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 13 contracts
Sources: Registration Rights Agreement (LMF Acquisition Opportunities Inc), Merger Agreement (LMF Acquisition Opportunities Inc), Registration Rights Agreement (LMF Acquisition Opportunities Inc)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitationincluding, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 13 contracts
Sources: Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 10 contracts
Sources: Warrant Exchange Agreement (Tengion Inc), Warrant Exchange Agreement (Tengion Inc), Warrant Exchange Agreement (Tengion Inc)
Attorneys’ Fees. In If any dispute among the event that any suit or action is instituted parties to enforce any provision this Agreement results in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which that shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 10 contracts
Sources: Investor Rights Agreement (Structure Therapeutics Inc.), Registration Rights Agreement (Oportun Financial Corp), Investor Rights Agreement (ShouTi Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 10 contracts
Sources: Stock Purchase Agreement (Propell Technologies Group, Inc.), Investor Rights Agreement (Aviall Inc), Equity Acquisition Agreement (Candies Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses expense of appeals.
Appears in 9 contracts
Sources: Stock Purchase Agreement (Cv Therapeutics Inc), Common Stock and Warrant Purchase Agreement (Discovery Laboratories Inc /De/), Loan Agreement (Cv Therapeutics Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall will be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementAgreement including, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall will include, without limitation, all fees, costs and expenses of appeals.
Appears in 9 contracts
Sources: Securities Purchase Agreement (Emed Technologies Corp), Investors Rights Agreement (Oregon Baking Co Dba Marsee Baking), Series J Preferred Stock Purchase Agreement (Emed Technologies Corp)
Attorneys’ Fees. In the event that any suit or If legal action is instituted brought to enforce any provision in or interpret this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right rights of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 8 contracts
Sources: Investors' Rights Agreement (Jato Communications Corp), Investor Rights Agreement (Carrier Access Corp), Stockholders' Agreement (Jato Communications Corp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 8 contracts
Sources: Securities Purchase Agreement (Immix Biopharma, Inc.), Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.), Securities Purchase Agreement (Cardiff Oncology, Inc.)
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Sources: Investors’ Rights Agreement (Pubmatic, Inc.), Investors’ Rights Agreement (Pubmatic, Inc.), Voting Agreement (Diversified Restaurant Holdings, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Sources: Investor Rights Agreement (National Patent Development Corp), Investor Rights Agreement (Valera Pharmaceuticals Inc), Voting Agreement (Enel Societa Per Azioni)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Warrant, including, without limitation, to enforce any provision in this AgreementWarrant, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementWarrant, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 7 contracts
Sources: Common Stock Warrant (Ionetix Corp / DE /), Preferred Stock Warrant (Shamrock Ionetix LLC), Safe Agreement (Ionetix Corp / DE /)
Attorneys’ Fees. In the event that any suit dispute among the Parties arising from or action is instituted in relation to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Sources: Series a 1 Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Series a Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Right of First Refusal and Co Sale Agreement (Nobao Renewable Energy Holdings LTD)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision dispute among the Parties should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Sources: Merger Agreement (Humbl, Inc.), Membership Interest Purchase Agreement (Humbl, Inc.), Stock Purchase Agreement (Humbl, Inc.)
Attorneys’ Fees. In the event that of any suit alleged dispute, breach or action is instituted to enforce any provision in default under the terms of this AgreementAgreement by either party, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable costs and expenses, including reasonable attorneys’ fees, costs and expenses of enforcing any right of such prevailing party under or with respect incurred to enforce this Agreement, including without limitation, and such reasonable fees right shall be in addition to any and expenses of attorneys and accountants, all other remedies or damages to which shall include, without limitation, all fees, costs and expenses of appealsthe prevailing party may be entitled.
Appears in 7 contracts
Sources: Employment Agreement (Miami International Holdings, Inc.), Employment Agreement (Miami International Holdings, Inc.), Employment Agreement (Miami International Holdings, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including, without limitation, to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 6 contracts
Sources: Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics)
Attorneys’ Fees. In the event that any suit or action is ---------------- instituted to enforce any provision in this Agreement or any Related Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement and/or such Related Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Elec Communications Corp), Securities Purchase Agreement (Texhoma Energy Inc), Securities Purchase Agreement (Petrosearch Energy Corp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs costs, and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs costs, and expenses of appeals.
Appears in 6 contracts
Sources: Managed Services Agreement, Managed Services Agreement, Securities Purchase Agreement (Internet America Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Rights Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Rights Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 6 contracts
Sources: Note Purchase Agreement (Quokka Sports Inc), Investor Rights Agreement (Triangle Pharmaceuticals Inc), Investor Rights Agreement (Triangle Pharmaceuticals Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 6 contracts
Sources: Investors’ Rights Agreement (Aardvark Therapeutics, Inc.), Investors’ Rights Agreement (Aardvark Therapeutics, Inc.), Voting Agreement (Cvent Inc)
Attorneys’ Fees. In the event that any suit or action is instituted brought to enforce any provision in this Agreement, the substantially prevailing party in such dispute shall will be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such substantially prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall will include, without limitation, all fees, costs and expenses of appeals.
Appears in 6 contracts
Sources: Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 6 contracts
Sources: Convertible Promissory Note Purchase Agreement (Rivian Automotive, Inc. / DE), Registration Rights Agreement (Maxeon Solar Technologies, Ltd.), Registration Rights Agreement (Maxeon Solar Technologies, Ltd.)
Attorneys’ Fees. In the event that If any suit or action is instituted party to this Agreement seeks to enforce any provision in the terms and provisions of this Agreement, then the prevailing party in such dispute action shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of in connection with such prevailing party under or with respect to this Agreementaction, including without limitation, such limitation reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all attorneys' fees, expenses and costs incurred at the trial court and expenses of appealsall appellate levels.
Appears in 6 contracts
Sources: Dealer Agreement, Distributor/Dealer Agreement, Stock Purchase Agreement (Ameripath Inc)
Attorneys’ Fees. In Subject to Section 5.15, in the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Sources: Investor Rights Agreement, Investor Rights Agreement, Investor Rights Agreement (Stitch Fix, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 5 contracts
Sources: Investor Rights Agreement (Connecture Inc), Right of First Refusal and Co Sale Agreement (Connecture Inc), Right of First Refusal and Co Sale Agreement (Connecture Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementAgreement and the agreements, documents and instruments contemplated hereby and executed pursuant hereto, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Sources: Series F Preferred Stock Purchase Agreement, Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc), Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the Parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Sources: Registration Rights Agreement (Sohu Com Inc), Registration Rights Agreement (Sogou Inc.), Registration Rights Agreement (Sogou Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute between the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Sources: Director Agreement (Priority Technology Holdings, Inc.), Consulting Services Agreement (Priority Technology Holdings, Inc.), Director Agreement (Priority Technology Holdings, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted brought to enforce any provision in this Agreement, the substantially prevailing party in such dispute shall will be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such substantially prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall will include, without limitation, all fees, costs and expenses of appealsappeal.
Appears in 5 contracts
Sources: Employment Agreement (Scripps Safe, Inc.), Employment Agreement (Zynex Inc), Employment Agreement (Zynex Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the Parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Sources: Irrevocable Voting Proxy (Sakys John V), Irrevocable Voting Agreement and Proxy (CombiMatrix Corp), Irrevocable Voting Proxy (Isonics Corp)
Attorneys’ Fees. In the event that any suit or action Proceeding is instituted under or in relation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing or defending any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, accountants (which shall include, without limitation, all fees, costs and expenses of appeals).
Appears in 5 contracts
Sources: Investors’ Rights Agreement (IMH Financial Corp), Investors’ Rights Agreement, Investors’ Rights Agreement (IMH Financial Corp)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision --------------- this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Sources: Investor Rights Agreement (Megabios Corp), Stockholders Agreement (American Cellular Corp /De/), Stockholders Agreement (American Cellular Corp /De/)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this AgreementDeed, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Sources: Management Rights Deed of Agreement, Management Rights Deed of Agreement (Amarin Corp Plc\uk), Management Rights Deed of Agreement (Sofinnova Venture Partners Vii L P)
Attorneys’ Fees. In the event that any arbitration, suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 4 contracts
Sources: Registration Rights Agreement, Registration Rights Agreement (EPAM Systems, Inc.), Registration Rights Agreement (EPAM Systems, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted brought to enforce any provision in this Agreement, the substantially prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such substantially prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Sources: Legal Release of Claims (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals. In the event of a settlement, each party shall bear its own fees, costs and expenses unless otherwise directed by a court of competent jurisdiction.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Numerex Corp /Pa/), Securities Purchase Agreement (Numerex Corp /Pa/), Securities Purchase Agreement (Numerex Corp /Pa/)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Subscription Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party parry under or with respect to this Subscription Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, . all fees, . costs and expenses of appeals.
Appears in 4 contracts
Sources: Initial Subscription Agreement (Werner Enterprises Inc), Initial Subscription Agreement (Swift Transportation Co Inc), Initial Subscription Agreement (MS Carriers Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Sources: Shareholders Agreement, Shareholders Agreement (iKang Healthcare Group, Inc.), Shareholder Agreement (Pemstar Inc)
Attorneys’ Fees. In the event that any suit dispute among the parties under or action is instituted with respect to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Sources: Founder Stock Purchase Agreement (Drax, Industries Inc.), Founder Stock Purchase Agreement (Oilfield Safety Holdings Inc), Founder Stock Purchase Agreement (Barrier 4, Inc.)
Attorneys’ Fees. In the event that If any suit or action is instituted party to this Agreement seeks to enforce any provision in the terms and provisions of this Agreement, then the prevailing party in such dispute action shall be entitled to recover from the losing party all costs in connection with such action, including without limitation reasonable attorneys’ fees, expenses and costs and expenses of enforcing any right of such prevailing party under or incurred with respect to this Agreementtrials, including without limitation, such reasonable fees appeals and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealscollection.
Appears in 4 contracts
Sources: Stock Purchase Agreement (Ameripath Inc), Stock Purchase Agreement (Optical Concepts of America Inc), Merger Agreement (Ameripath Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Sources: Common Stock Purchase Agreement, Common Stock Purchase Agreement, Common Stock Purchase Agreement
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals. With respect to the Company this Section 7.13 is subject to what is permitted under applicable law.
Appears in 4 contracts
Sources: Securities Investment and Subscription Agreement (Ener1 Inc), Securities Investment and Subscription Agreement (Ener1 Inc), Securities Investment and Subscription Agreement (Ener1 Inc)
Attorneys’ Fees. In the event that If any suit action at law or action in equity is instituted necessary to enforce any provision in or interpret the terms of this Agreement, including an arbitration, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Sources: Subscription and Contribution Agreement (Clearsign Combustion Corp), Subscription and Contribution Agreement (Clearsign Combustion Corp), Subscription and Contribution Agreement (Clearsign Combustion Corp)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Note should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementNote, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Sources: Stock Pledge Agreement (Winc, Inc.), Stock Pledge Agreement (Winc, Inc.), Stock Pledge Agreement (Winc, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the Parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Sources: Development Services Agreement (Humbl, Inc.), Development Services Agreement (Humbl, Inc.), Development Services Agreement (Humbl, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the substantially prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsappeal.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Aehr Test Systems), Common Stock Purchase Agreement (Aehr Test Systems), Securities Purchase Agreement (Ista Pharmaceuticals Inc)
Attorneys’ Fees. In the event that any suit If suit, action or action arbitration is instituted brought to enforce or interpret any provision in of this Agreement, or the rights or obligations of any Party hereto as they relate to the subject matter of this Agreement, the prevailing party in such dispute Party shall be entitled to recover from the losing party recover, as an element of such Party's costs of suit, and not as damages, all fees, reasonable costs and expenses of enforcing any right of such prevailing party under incurred or with respect to this Agreement, including without sustained by limitation, such reasonable attorneys' fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealscourt costs.
Appears in 3 contracts
Sources: Referral Fee Agreement (Solutionsamerica Inc), Referral Agreement (Solutionsamerica Inc), Referral Fee Agreement (Solutionsamerica Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Investors’ Rights Agreement (Figure Technology Solutions, Inc.), Investors’ Rights Agreement (FT Intermediate, Inc.), Stockholders’ Rights Agreement (800 Degrees Go, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsaccountants actually incurred, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Medical Technology Systems Inc /De/), Tag Along Agreement (Medical Technology Systems Inc /De/), Tag Along Agreement (Medical Technology Systems Inc /De/)
Attorneys’ Fees. In the event that any suit or action is instituted with respect to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Securities Purchase Agreement (InZon CORP), Securities Purchase Agreement (Netguru Inc), Securities Purchase Agreement (Netguru Inc)
Attorneys’ Fees. In Subject to Section 3.4(b), in the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Merger Agreement (Ophthalmic Imaging Systems), Merger Agreement (Ophthalmic Imaging Systems), Voting Agreement (Ophthalmic Imaging Systems)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Investors Rights Agreement (Oculus Innovative Sciences, Inc.), Investors Rights Agreement (Oculus Innovative Sciences, Inc.), Investors' Rights Agreement (Raptor Networks Technology Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable and actually incurred fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD)
Attorneys’ Fees. In the event that any suit or action is instituted --------------- to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Registration Rights Agreement (Genstar Therapeutics Corp), Registration Rights Agreement (Genstar Therapeutics Corp), Investors' Rights Agreement (Us Search Corp Com)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in of this AgreementAgreement or the Notes (collectively, the “Related Instruments”), the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Mezz Note Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Note Purchase Agreement (Gemphire Therapeutics Inc.), Note Purchase Agreement (Gemphire Therapeutics Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in of this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Investor Rights Agreement, Investor Rights Agreement (Omneon Video Networks, Inc.), Investor Rights Agreement (Omneon Video Networks, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing non-prevailing party all fees, out-of-pocket costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, reasonable out-of-pocket costs and expenses of appeals.
Appears in 3 contracts
Sources: Investor Rights Agreement (Inozyme Pharma, Inc.), Investor Rights Agreement (Inozyme Pharma, Inc.), Investor Rights Agreement (Inozyme Pharma, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement or any Related Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement and/or such Related Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Note Purchase Agreement (usell.com, Inc.), Note Purchase Agreement (usell.com, Inc.), Note Purchase Agreement (GreenHunter Resources, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such limitation reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, accountants and all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Shareholder Agreement (VHS of Anaheim Inc), Shareholder Agreement (Vanguard Health Systems Inc), Shareholder Agreement (Vanguard Health Systems Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all reasonable fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, unless payment for such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsis otherwise provided for under this Agreement.
Appears in 3 contracts
Sources: Acquisition Agreement (Sk Technologies Corp), Investment Agreement (Sk Technologies Corp), Acquisition Agreement (Bidville Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Investor Rights Agreement (Blue Marble Energy Corp), Right of First Refusal and Co Sale Agreement (Blue Marble Energy Corp), Voting Agreement (Blue Marble Energy Corp)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Investor Rights Agreement (Sherbrooke Partners, LLC), Investor Rights Agreement (Mark Capital LLC), Investor Rights Agreement (Afem Medical Corp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (U-Mind Space, Inc.), Class C Common Stock and Note Purchase Agreement (Luna Innovations Inc), Series D Preferred Stock Purchase Agreement (Bioform Medical Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees fees, and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Stock Transfer Agreement (Vastera Inc), Investors' Rights Agreement (Vastera Inc), Investors' Rights Agreement (Vastera Inc)
Attorneys’ Fees. 11.1 In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Subscription Agreement (Genesis Biopharma, Inc), Subscription Agreement (Genesis Biopharma, Inc), Subscription Agreement (Genesis Biopharma, Inc)
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Series a 2 Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.), Series a 2 Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.), Series a 2 Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitationincluding, but not limited to, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Investor Rights Agreement (Grande Communications Holdings, Inc.), Investor Rights Agreement (Grande Communications Holdings, Inc.), Investor Rights Agreement (Grande Communications Holdings, Inc.)
Attorneys’ Fees. In the event that If any suit or action is instituted under or in relation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing such suit or action (including any right of such prevailing party under or with respect to this Agreementappeals), including without limitation, such the reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Series C Preferred Stock Purchase Agreement, Series C Preferred Stock Purchase Agreement (Fulcrum Bioenergy Inc), Voting Agreement (Document Security Systems Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the Parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Sources: Call Option Agreement (Mh&sc, Inc), Put Option Agreement (Robcor Properties Inc), Put Option Agreement (MGCC Investment Strategies Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Services Agreement (usell.com, Inc.), Contribution Agreement (usell.com, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Convertible Preference Shares and Warrant Purchase Agreement (Opentv Corp), C 2 Preference Shares Purchase Agreement (Opentv Corp)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsappeal.
Appears in 2 contracts
Sources: Registration Rights Agreement (Websidestory Inc), Right of First Refusal and Co Sale Agreement (Aether Systems Inc)
Attorneys’ Fees. In the event that any suit dispute among or action is instituted between any of the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Right of First Refusal and Co Sale Agreement (Xiox Corp), Right of First Refusal and Co Sale Agreement (Intel Corp)
Attorneys’ Fees. In the event that If any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Stock Purchase and Sale Agreement (Xcelerate, Inc.), Registration Rights Agreement (Startek Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this AgreementWarrant, the prevailing party in such dispute shall be entitled to recover from form the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementWarrant, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Warrant Agreement (Global Sports Inc), Warrant Agreement (Fogdog Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall will be entitled to recover from the losing party all fees, costs and expenses expense of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall will include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Common Stock Subscription Agreement (Amerigon Inc), Common Stock Subscription Agreement (Amerigon Inc)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.respect
Appears in 2 contracts
Sources: Flash Seed Preferred Stock Subscription Agreement, Flash Seed Preferred Stock Subscription Agreement
Attorneys’ Fees. In the event that any suit or action proceeding is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Carriage Agreement, Ocean Bill of Lading
Attorneys’ Fees. In the event that any arbitration proceeding, suit or action is instituted to enforce any provision in this AgreementAgreement or the Convertible Bond, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementAgreement or the Convertible Bond, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Convertible Bond Sale and Purchase Agreement, Convertible Bond Sale and Purchase Agreement (Axesstel Inc)
Attorneys’ Fees. In the event that If any suit or action is instituted Party to this Agreement seeks to enforce any provision in the terms and provisions of this Agreement, then the prevailing party Party in such dispute action shall be entitled to recover from the losing party all feescosts in connection with such action, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all reasonable attorneys' fees, expenses and costs incurred at the administrative, trial, bankruptcy and expenses of appealsall appellate levels.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Union Dental Holdings, Inc.), Asset Purchase and Sale Agreement (National Business Holdings Inc)
Attorneys’ Fees. In the event that any suit or action is instituted dispute among the parties to enforce any provision this Agreement should result in this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all reasonable fees, costs and expenses of appeals, in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Sources: Investors' Rights Agreement, Investors’ Rights Agreement (Linkedin Corp)
Attorneys’ Fees. In the event that If any suit or legal action is instituted necessary to enforce any provision in hereof or to recover damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party in such dispute shall be entitled to recover receive from the losing party all fees, costs and expenses and such amount as the court may adjudge to be reasonable attorneys' fees for the costs incurred or the value of enforcing any right of such legal services received by the prevailing party under in such action or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsproceeding.
Appears in 2 contracts
Sources: Concession Agreement, Lease Agreement
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Series B 1 Preferred Stock Purchase Agreement (Oryx Technology Corp), Series B Preferred Stock Purchase Agreement (Oryx Technology Corp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party or parties in such dispute shall be entitled to recover from the losing party or parties all fees, costs and expenses of enforcing any right of such prevailing party or parties under or with respect to this AgreementAgreement (in addition to any other relief to which the prevailing party or parties may be entitled), including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Stock Purchase Agreement, Stock Purchase Agreement (Monaker Group, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Note Satisfaction and Securities Purchase Agreement (Lightpath Technologies Inc), Equity Interests Transfer Agreement (Omnivision Technologies Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this AgreementAgreement or the Warrant, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this AgreementAgreement and/or the Warrant, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Settlement Agreement (Accentia Biopharmaceuticals Inc), Settlement Agreement (Biodelivery Sciences International Inc)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party party
24. all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 2 contracts
Sources: Investor Rights Agreement (Marrone Bio Innovations Inc), Investor Rights Agreement (Marrone Bio Innovations Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.this
Appears in 2 contracts
Sources: Registration Rights Agreement (Internet Pictures Corp), Registration Rights Agreement (Image Investor Portfolio a Sep Ser of Memphis Angels LLC)