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 349 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement, Series B Preferred 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.
Appears in 338 contracts
Samples: Investor Rights Agreement (Contineum Therapeutics, Inc.), Registration Rights Agreement (Metagenomi, Inc.), Forelinx Investors’ Rights Agreement
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 267 contracts
Samples: Sale Agreement, Shareholders’ Rights 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 188 contracts
Samples: Rights Agreement, Investor Rights Agreement (Helix TCS, Inc.), Contingent Equity Agreement (ViewRay, 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 85 contracts
Samples: Investors’ Rights Agreement (Opti-Harvest, Inc.), Investors’ Rights Agreement (Opti-Harvest, Inc.), Investors’ Rights Agreement (Opti-Harvest, 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
Samples: Securities Purchase Agreement, Note and Warrant 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 39 contracts
Samples: 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
Samples: 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 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
Samples: Agreement (Emerging Fuels Technology, Inc.), Note Purchase Agreement (Laredo Oil, Inc.), Series F Preferred Stock Purchase Agreement (Kensington Capital Acquisition 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 appeals.
Appears in 22 contracts
Samples: Sale Agreement (PureTech Health PLC), Sale Agreement (PureTech Health PLC), Sale Agreement (PureTech Health PLC)
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
Samples: Joinder Agreement (LMF Acquisition Opportunities Inc), Registration Rights Agreement (LMF Acquisition Opportunities Inc), Registration Rights Agreement (LMF Acquisition Opportunities Inc)
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 13 contracts
Samples: Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.)
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
Samples: Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, 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
Samples: Investor Rights Agreement (Structure Therapeutics Inc.), Form of Registration Rights Agreement (Oportun Financial Corp), Investor Rights Agreement (ShouTi 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
Samples: Exchange Agreement (Tengion Inc), Exchange Agreement (Tengion Inc), Exchange Agreement (Tengion 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
Samples: Investors Rights Agreement (Oregon Baking Co Dba Marsee Baking), Securities Purchase Agreement (Emed Technologies Corp), Registration Rights Agreement (Emed Technologies 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 expense of appeals.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Cv Therapeutics Inc), Collaboration and License Agreement (Cv Therapeutics Inc), Loan Agreement (Interallied Group Inc /Nv/)
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 9 contracts
Samples: Investor Rights Agreement (Aviall Inc), Letter Agreement (Tag It Pacific Inc), Right of First Refusal and Sale Agreement (Tag It Pacific Inc)
Attorneys’ Fees. In the event that If any suit legal action arises under this Agreement or action is instituted to enforce by reason of any provision in this Agreementasserted breach of it, the prevailing party in such dispute shall be entitled to recover from the losing party all costs and expenses, including reasonable attorneys' fees, incurred in enforcing or attempting to enforce any of the terms, covenants or conditions, including costs incurred prior to commencement of legal action, and all costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreementexpenses, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all attorneys' fees, costs and expenses incurred in any appeal from an action brought to enforce any of appealsthe terms, covenants or conditions.
Appears in 8 contracts
Samples: Employment Agreement (Virtgame Com Corp), Employment Agreement (Virtgame Com Corp), Employment Agreement (New Capital Iworks 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 8 contracts
Samples: Securities Purchase Agreement (Immix Biopharma, Inc.), Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.), Securities Purchase Agreement (Cardiff Oncology, Inc.)
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
Samples: Rights Agreement (Petroleum Place Inc), Stockholders' Agreement (Jato Communications Corp), Investor Rights Agreement (Carrier Access 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 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
Samples: Registration Rights Agreement (Combinatorx, Inc), Rights Agreement (Gp Strategies Corp), Rights Agreement (Gp Strategies 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 7 contracts
Samples: Rights Agreement (Pubmatic, Inc.), Rights Agreement (Pubmatic, Inc.), Voting Agreement (Diversified Restaurant Holdings, Inc.)
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
Samples: Shareholders Agreement (Nobao Renewable Energy Holdings LTD), Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Sale Agreement (Nobao Renewable Energy Holdings 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
Samples: Distributor/Dealer Agreement, www.abs-rx.com, Stock Purchase Agreement (Ameripath 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 6 contracts
Samples: Securities Purchase Agreement (Elec Communications Corp), Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (Texhoma Energy 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
Samples: 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 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
Samples: Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics)
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
Samples: Rights Agreement (Gilead Sciences Inc), 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 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 5 contracts
Samples: Managed Services Agreement, Securities Purchase Agreement (Mihaylo Steven G), Securities Purchase Agreement (Internet America 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
Samples: Investor Rights Agreement (Connecture Inc), Sale Agreement (Connecture Inc), Investor Rights Agreement (Connecture 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
Samples: 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
Samples: Rights Agreement (Megabios Corp), Stock Purchase Agreement (American Cellular Corp /De/), Stockholders Agreement (American Cellular Corp /De/)
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
Samples: Investor Rights Agreement, Rights Agreement, Investor Rights Agreement (Stitch Fix, 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
Samples: 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 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
Samples: Preferred Stock Purchase Agreement, Registration Rights Agreement (GlassHouse Technologies Inc), Registration Rights Agreement (GlassHouse Technologies Inc)
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
Samples: 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 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 4 contracts
Samples: Registration Rights Agreement (Maxeon Solar Technologies, Ltd.), Convertible Notes Purchase Agreement (Maxeon Solar Technologies, Ltd.), Registration Rights Agreement (Sunpower Corp)
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
Samples: 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 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 4 contracts
Samples: Rights Agreement (Cvent Inc), Stockholders’ Agreement (Cvent Inc), Voting Agreement (Cvent 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
Samples: Securities Purchase Agreement (Numerex Corp /Pa/), Securities Purchase Agreement (Numerex Corp /Pa/), Securities Purchase Agreement (Numerex Corp /Pa/)
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
Samples: Stock Purchase Agreement (Optical Concepts of America Inc), Agreement and Plan of Merger (Ameripath Inc), Stock Purchase Agreement (Care Concepts I Inc /Fl/)
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
Samples: 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 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
Samples: Stock Pledge Agreement (Winc, Inc.), Stock Pledge Agreement (Winc, Inc.), Stock Pledge Agreement (Winc, 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
Samples: 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 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
Samples: Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems Inc), Employment Agreement (Evolving Systems 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
Samples: 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 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
Samples: 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 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
Samples: Shareholders’ Agreement, Joinder Agreement (iKang Healthcare Group, Inc.), Shareholders' Agreement (Pemstar 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
Samples: 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 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
Samples: 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 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
Samples: Securities Purchase Agreement (InZon CORP), Securities Purchase Agreement (Netguru Inc), Securities Purchase Agreement (Netguru 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
Samples: 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 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 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
Samples: Private Equity Loan Agreement (Upholstery International, Inc.), Private Equity Loan Agreement (Upholstery International, Inc.), Debenture and Warrant Purchase Agreement (Airbee Wireless, 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 3 contracts
Samples: Note and Warrant Purchase Agreement (Cardium Therapeutics, Inc.), Note and Warrant Purchase Agreement (Cardium Therapeutics, Inc.), Promissory Note and Warrant Purchase Agreement (Cardium Therapeutics, 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
Samples: Agreement and Plan of Merger (Ophthalmic Imaging Systems), Agreement and Plan of Merger (Ophthalmic Imaging Systems), Voting Agreement (Ophthalmic Imaging Systems)
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
Samples: Common Stock Purchase Agreement (U-Mind Space, Inc.), Series D Preferred Stock Purchase Agreement (Bioform Medical Inc), Common Stock and Note Purchase Agreement (Luna 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 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
Samples: Investor Rights Agreement (Blue Marble Energy Corp), Sale Agreement (Blue Marble Energy Corp), Voting Agreement (Blue Marble Energy Corp)
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
Samples: Preferred Stock Purchase Agreement, Adoption Agreement (Fulcrum Bioenergy Inc), Voting Agreement (Document Security Systems 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
Samples: 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 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
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement, Common Stock Purchase 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 3 contracts
Samples: Investors' Rights Agreement (Us Search Corp Com), Registration Rights Agreement (Genstar Therapeutics Corp), Registration Rights Agreement (Genstar Therapeutics 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 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
Samples: Agreement (VHS of Anaheim Inc), Agreement (Vanguard Health Systems Inc), Agreement (Vanguard Health Systems 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 3 contracts
Samples: Consulting Services Agreement (Priority Technology Holdings, Inc.), Director Agreement (Priority Technology Holdings, Inc.), 19 Execution Version Director Agreement
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
Samples: 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 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
Samples: Acquisition Agreement (Bidville Inc), Investment Agreement (Sk Technologies Corp), Investment Agreement (Sk Technologies Corp)
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
Samples: 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 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
Samples: 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. 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
Samples: Subscription Agreement (Genesis Biopharma, Inc), Subscription Agreement (Genesis Biopharma, Inc), Subscription Agreement (Genesis Biopharma, 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
Samples: Investors' Rights Agreement (Vastera Inc), ' Rights Agreement (Vastera Inc), Stock Transfer Agreement (Vastera 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
Samples: Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.), Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.), Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.)
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 3 contracts
Samples: Investors’ Rights Agreement (IMH Financial Corp), Investors’ Rights Agreement (IMH Financial Corp), Investors’ Rights Agreement (IMH Financial Corp)
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
Samples: 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 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
Samples: 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 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
Samples: 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 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 2 contracts
Samples: Agreement and Plan of Merger (Canfield Medical Supply, Inc.), Preferred Stock Conversion Agreement (Canfield Medical Supply, 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 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
Samples: Preferred Stock Purchase Agreement (Oryx Technology Corp), Preferred Stock Purchase Agreement (Oryx Technology Corp)
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
Samples: www.approvedforwarders.com, www.approvedforwarders.com
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 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 2 contracts
Samples: Investor Rights Agreement (Zulily, Inc.), Investor Rights Agreement (Zulily, 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. This right is in addition to any remedy available at law or in equity.
Appears in 2 contracts
Samples: Investor Rights Agreement (Leap Technology Inc / De), Investor's Rights Agreement (Seal Holdings 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, but not limited to such reasonable fees and expenses of attorneys and accountants, which shall include, include without limitation, limitation all reasonable fees, costs costs, and expenses of appeals.
Appears in 2 contracts
Samples: Chapter Affiliation Agreement, Chapter Trademark License 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 reasonable fees, costs and expenses of incurred in connection with 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 reasonable fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Stockholders’ Agreement (Entorian Technologies Inc), Standstill and Protective Measures Agreement (Mezzanine Management LTD)
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 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 2 contracts
Samples: First Offer Agreement (Liberty Global, Inc.), Right of First Offer Agreement (Liberty Global, 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
Samples: Common Stock Subscription Agreement (Amerigon Inc), Common Stock Subscription Agreement (Amerigon 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 2 contracts
Samples: Common Stock Purchase Agreement (Northumberland Resources, Inc.), Investors’ Rights Agreement (Northumberland Resources, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision provisions in this any Loan 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 any Loan 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
Samples: Convertible Note Purchase Agreement (Sunshine Silver Mining & Refining Corp), Convertible Note Purchase Agreement (Sunshine Silver Mining & Refining Corp)
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 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 2 contracts
Samples: Joint Venture Agreement (iPower Inc.), Joint Venture Agreement (iPower Inc.)
Attorneys’ Fees. In the event that If 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(ies) 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, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Oryx Technology Corp), Preferred Stock Purchase Agreement (Oryx Technology 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.such
Appears in 2 contracts
Samples: License Agreement (Genomatica Inc), License Agreement (Genomatica Inc)
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.). (i)
Appears in 2 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement
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 Agreementa legal proceeding, the prevailing party in such dispute shall be entitled to recover from the losing party other party(ies) to such dispute, 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
Samples: Rights Agreement (Bigstar Entertainment Inc /Ny), Investors Rights Agreement (Capstone Turbine Corp)
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 attorneys’ and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Registration and Information Rights Agreement (Servicesource International LLC), Registration and Information Rights Agreement (Servicesource International LLC)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, 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
Samples: Registration Rights Agreement (Cirtran Corp), Registration Rights Agreement (Sundog Technologies 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
Samples: Fogdog Inc, Global Sports Inc
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
Samples: 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
Samples: Asset Purchase and Sale Agreement (National Business Holdings Inc), Asset Purchase and Sale Agreement (Union Dental 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 2 contracts
Samples: Purchase Agreement (Opentv Corp), Shares and Warrant 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
Samples: Registration Rights Agreement (Websidestory Inc), Sale Agreement (Aether 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 2 contracts
Samples: Contribution Agreement (usell.com, Inc.), Services Agreement (usell.com, Inc.)
Attorneys’ Fees. In the event that any suit or action at law or in equity (including arbitration) 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 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 2 contracts
Samples: Patent Assignment Agreement (Salarius Pharmaceuticals, Inc.), Common Stock Purchase Agreement (Seelos Therapeutics, Inc.)
