Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 125 contracts
Samples: Registration Rights Agreement (Avaya Holdings Corp.), Shareholders’ Agreement (Marcus Corp), Registration Rights Agreement (CBS Outdoor Americas Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 62 contracts
Samples: Registration Rights Agreement (Plum Creek Timber Co Inc), Registration Rights Agreement (Energy Ventures Inc /De/), Registration Rights Agreement (Lomak Petroleum Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 59 contracts
Samples: Stockholder Agreement (Trikon Technologies Inc), Registration Rights Agreement (Madison Square Garden, Inc.), Amended and Restated Operating Agreement (Pedevco Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 50 contracts
Samples: Stock Agreement (Starwood Hotel & Resorts Worldwide Inc), Registration Rights Agreement (Metro One Telecommunications Inc), Registration Rights Agreement (Envoy Corp /Tn/)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 50 contracts
Samples: Registration Rights Agreement (Pinnacle Gas Resources, Inc.), Registration Rights Agreement (GSC Capital Corp), Registration Rights Agreement (Fieldstone Investment Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 46 contracts
Samples: Operating Agreement (Pedevco Corp), Agreement (Clinton Group Inc), Operating Agreement (Pedevco Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 45 contracts
Samples: Registration Rights Agreement (Memc Electronic Materials Inc), Shareholders Agreement, Registration Rights Agreement (Morrison Knudsen Corp//)
Attorneys’ Fees. In As between the parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees actually incurred in addition to its costs and expenses and any other available remedy.
Appears in 44 contracts
Samples: Registration Rights Agreement (Meritage Corp), Registration Rights Agreement (Hercules Offshore, Inc.), Registration Rights Agreement (Hercules Offshore, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.
Appears in 31 contracts
Samples: Registration Rights Agreement (Orion Marine Group Inc), Form of Registration Rights Agreement (FCB Financial Holdings, Inc.), Registration Rights Agreement (Maiden Holdings, Ltd.)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.
Appears in 26 contracts
Samples: Registration Rights Agreement (Great Ajax Corp.), Registration Rights Agreement (Software Acquisition Group Inc.), Adoption Agreement (NewLake Capital Partners, Inc.)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourts, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 26 contracts
Samples: Registration Rights Agreement (Ascent Energy Inc), Registration Rights Agreement (Transamerican Refining Corp), Registration Rights Agreement (Jordan Telecommunication Products Inc)
Attorneys’ Fees. In As between the parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees actually incurred in addition to its costs and expenses and any other available remedy.
Appears in 23 contracts
Samples: Registration Rights Agreement (Beazer Homes Texas Lp), Registration Rights Agreement (Energy XXI Texas, LP), Registration Rights Agreement (Beazer Homes Usa Inc)
Attorneys’ Fees. In As between the parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 20 contracts
Samples: Warrant Shares Registration Rights Agreement (Dayton Superior Corp), Warrant Registration Rights Agreement (Coinstar Inc), Registration Rights Agreement (State Communications Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, will be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 17 contracts
Samples: Registration Rights Agreement (Wyndham Hotel Corp), Stockholders' Agreement (Trammell Crow Co), Stockholders' Agreement (Trammell Crow Co)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 15 contracts
Samples: Registration Rights Agreement (First Albany Companies Inc), Registration Rights Agreement (Genaissance Pharmaceuticals Inc), Investment Agreement (First Albany Companies Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, and in any action or where any provision hereof is validly asserted as a defenseproceeding otherwise arising under or with respect to this Agreement, the successful prevailing party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 12 contracts
Samples: Call Agreement (Liberty Media Corp), Call Agreement (Magness Securities LLC), Stockholders' Agreement (Estate of Bob Magness)
Attorneys’ Fees. In If any action or proceeding is brought to enforce ---------------- any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 12 contracts
Samples: Registration Rights Agreement (Penn Octane Corp), Registration Rights Agreement (Penn Octane Corp), Registration Rights Agreement (Penn Octane Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful prevailing party shall, to the extent permitted by applicable law, such action or proceeding shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 12 contracts
Samples: Executive Restriction Agreement (Recovery Engineering Inc), Registration Rights Agreement (Th Lee Putnam Internet Fund Advisors LLC), Registration Rights Agreement (Worms & Co Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful prevailing party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees and expenses from the non-prevailing party in addition to any other available remedy.
Appears in 11 contracts
Samples: Limited Liability Company Agreement (Walgreens Boots Alliance, Inc.), Limited Liability Company Agreement (Dolan Media CO), Securities Purchase Agreement (Nord Anglia Education, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (American Media Operations Inc), Shareholders Agreement (First Nis Regional Fund Sicav), Registration Rights Agreement (American National Can Group Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt or arbitrator(s), as the case may be, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.
Appears in 10 contracts
Samples: Registration and Investor Rights Agreement (PostRock Energy Corp), Registration Rights Agreement (Texas Rare Earth Resources Corp.), Registration Rights Agreement (Texas Rare Earth Resources Corp.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney’s fees in addition to its costs and expenses and any other available remedy.
Appears in 9 contracts
Samples: Registration Rights Agreement (Pathmark Stores Inc), Registration Rights Agreement (Isecuretrac Corp), Registration Rights Agreement (Pathmark Stores Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney's fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 8 contracts
Samples: Series a Preferred Stock Subscription and Registration Rights Agreement (Rock Energy Resources, Inc.), Exchange and Registration Rights Agreement (Abraxas Energy Partners LP), Stock Purchase Agreement (Contango ORE, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ , fees in addition to any other available remedy.
Appears in 8 contracts
Samples: Registration Rights Agreement (Golden Telecom Inc), Registration Rights Agreement (First Nis Regional Fund Sicav), Shareholders Agreement (Capital International Global Emerging Markets Priv Eq Fd Lp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 8 contracts
Samples: Management Services Agreement (99 Cents Only Stores), Management Services Agreement (Neiman Marcus Group LTD LLC), Management Services Agreement (99 Cents Only Stores)
Attorneys’ Fees. In any action or proceeding brought to --------------- enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 8 contracts
Samples: Registration Rights Agreement (Firearms Training Systems Inc), Registration and Antidilution Rights Agreement (Emergent Information Technologies Inc), Registration Rights Agreement (Davel Communications Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees in addition to its costs and expenses and any other available remedy.
Appears in 8 contracts
Samples: Registration Rights Agreement (Texas United Bancshares Inc), Agreement and Plan of Reorganization (Franklin Bank Corp), Agreement and Plan of Merger (Franklin Bank Corp)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as finally determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable and documented attorneys’ fees in addition to any other available remedy.
Appears in 8 contracts
Samples: Continuing Investor Registration Rights Agreement (NetSTREIT Corp.), Registration Rights Agreement (NetSTREIT Corp.), Continuing Investor Registration Rights Agreement (NetSTREIT Corp.)
Attorneys’ Fees. In any action or proceeding brought Action to enforce any provision provisions of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, Party shall be entitled to recover reasonable attorneys’ fees and disbursements in addition to its costs and expenses and any other available remedy.
Appears in 7 contracts
Samples: Merger Agreement (Entergy Corp /De/), Merger Agreement, Merger Agreement (ITC Holdings Corp.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 7 contracts
Samples: Registration Rights Agreement (Offshore Tool & Energy Corp), Registration Rights Agreement (Friede Goldman International Inc), Registration Rights Agreement (Conrad Industries Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 7 contracts
Samples: Registration Rights Agreement (Transatlantic Holdings Inc), Registration Rights Agreement (Transtexas Gas Corp), Registration Rights Agreement (Sunrise Technologies International Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce --------------- any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 7 contracts
Samples: Registration Rights Agreement (Halter Marine Group Inc), Registration Rights Agreement (P Com Inc), Registration Rights Agreement (E Trade Group Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 7 contracts
Samples: Agreement of Merger (Alliance Bankshares Corp), Agreement and Plan of Reorganization (WashingtonFirst Bankshares, Inc.), Agreement and Plan of Reorganization (Alliance Bankshares Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement or any Warrant, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees and disbursements in addition to its costs and expenses and any other available remedy.
Appears in 7 contracts
Samples: Common Stock Warrant Agreement (BioScrip, Inc.), Master Warrant Agreement (Hancock Fabrics Inc), Warrant Agreement (Tropicana Las Vegas Hotel & Casino, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its reasonable costs and expenses and any other available remedy.
Appears in 7 contracts
Samples: Registration Rights Agreement (Lexington Corporate Properties Trust), Operating Agreement (Brandywine Realty Trust), 1 Operating Agreement (Lexington Corporate Properties Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees in addition to its costs and expenses and any other available remedy.
Appears in 6 contracts
Samples: Registration Rights Agreement (Quadramed Corp), Registration Rights Agreement (Transatlantic Holdings Inc), Registration Rights Agreement (Quadramed Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney’s fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 6 contracts
Samples: Exchange and Registration Rights Agreement (Abraxas Petroleum Corp), Securities Purchase Agreement (Abraxas Petroleum Corp), Securities Purchase Agreement (Contango ORE, Inc.)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.. [Signature page follows]
Appears in 6 contracts
Samples: Registration Rights Agreement (American Residential Properties, Inc.), Registration Rights Agreement (NMI Holdings, Inc.), Registration Rights Agreement (American Residential Properties, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, will be entitled to recover reasonable attorneys’ attorney's fees in addition to any other available remedy.
Appears in 6 contracts
Samples: Registration Rights Agreement (Eex Corp), Registration Rights Agreement (Input Output Inc), Registration Rights Agreement (Input Output Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce --------------- any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 6 contracts
Samples: Registration Rights Agreement (Frontier Airlines Inc /Co/), Equity Registration Rights Agreement (Pacific Aerospace & Electronics Inc), Registration Rights Agreement (Weeks Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Trump Robert S), Stockholders Agreement (Bankamerica Corp), Registration Rights Agreement (Financial Performance Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, will be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 5 contracts
Samples: Voting Agreement (Franklin Covey Co), Registration Rights Agreement (Realpage Inc), Registration Rights Agreement (Realpage Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees and expenses through all appeals in addition to any other available remedy.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Levitt Corp), Agreement and Plan of Merger (Woodbridge Holdings Corp (Formerly Levitt Corp)), Agreement and Plan of Merger (BBX Capital Corp)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Centennial Bank Holdings, Inc.), Registration Rights Agreement (JER Investors Trust Inc), Registration Rights Agreement (Independence Contract Drilling, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof herein is validly asserted as a defense, the successful prevailing party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees, including attorneys' fees for any appeal and costs incurred in bringing such action or proceeding, in addition to any other available remedy. A party shall be deemed to have been successful if such action or claim is concluded pursuant to a court order or final judgment which is not subject to appeal, a settlement agreement or dismissal of the principal claims.
Appears in 5 contracts
Samples: Stock Purchase and Share Exchange Agreement (Empire Global Corp.), Stock Purchase Agreement (Compliance Systems Corp), Stock Purchase Agreement (Compliance Systems Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, will be entitled to recover reasonable attorneys’ ' fees and related disbursements and expenses in addition to any other available remedy.
Appears in 5 contracts
Samples: Stockholders' Agreement (Bristol Hotels & Resorts Inc), Stockholders' and Registration Rights Agreement (Felcor Lodging Trust Inc), Registration Rights Agreement (Morgan Stanley Dean Witter & Co)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 5 contracts
Samples: Management Registration Rights Agreement (American Restaurant Group Inc), Common Stock Appreciation Rights Agreement (Terex Corp), Registration Rights Agreement (Transamerican Refining Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover recover, and the court shall award, reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 5 contracts
Samples: Confidential Treatment (Ivi Publishing Inc), Stockholders Agreement (Hanover Compressor Co), Registration Rights Agreement (Dvi Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees and all disbursements in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Spectrum Group International, Inc.), Limited Liability Company Agreement (Reckson Services Industries Inc), Investor Rights Agreement (Friedmans Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable reasonably attorneys’ ' fees in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Fpa Medical Management Inc), Registration Rights Agreement (Fpa Medical Management Inc), Registration Rights Agreement (Fpa Medical Management Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly successfully asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Tadeo Holdings Inc), Registration Rights Agreement (Tekinsight Com Inc), Registration Rights Agreement (Tadeo Holdings Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees and expenses in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (New York Restaurant Group Inc), Registration Rights Agreement (Multimedia Games Inc), Registration Rights Agreement (Multimedia Games Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof of this Agreement is validly asserted as a defense, the successful party shallprevailing party, to the extent permitted as determined by applicable lawa court of competent jurisdiction, shall be entitled to recover reasonable and documented attorneys’ fees in addition to any other available remedy.
Appears in 5 contracts
Samples: Management Services Agreement (Biopower Operations Corp), Management Services Agreement (FTD Inc), Management Services Agreement (Leslies Poolmart Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any --------------- provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 5 contracts
Samples: Registration Rights Agreement (Global Payments Inc), Registration Rights Agreement (Ba Merchant Services Inc), Stockholders' Agreement (Telecorp PCS Inc)
Attorneys’ Fees. In any action or proceeding brought to --------------- enforce any provision of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney's fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (American Cellular Corp /De/), Stock Purchase Agreement (American Cellular Corp /De/), Stock Purchase Agreement (American Cellular Corp /De/)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to the extent permitted as determined by applicable lawa court of competent jurisdiction, shall be entitled to recover reasonable and documented attorneys’ fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Management Services Agreement (Claires Stores Inc), Management Services Agreement (Advantage Solutions Inc.), Management Services Agreement (Cke Restaurants Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable and actual attorneys’ ' fees (including any such fees incurred in connection with enforcement of any judgments) in addition to any its or his costs and expenses and other available remedyremedies.
Appears in 4 contracts
Samples: Stockholders' Voting Agreement (RMS Limited Partnership), Voting Agreement (National Registry Inc), Stockholders' Voting Agreement (Jotter Technologies Inc)
Attorneys’ Fees. In As between the parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees actually incurred in addition to its reasonable costs and expenses and any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (Azteca Holdings Sa De Cv), Registration Rights Agreement (Azteca Holdings Sa De Cv), Registration Rights Agreement (Us Oncology Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Management Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to the extent permitted as determined by applicable lawa court of competent jurisdiction, shall be entitled to recover reasonable and documented attorneys’ ' fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Management Services Agreement (General Nutrition Companies Inc), Management Services Agreement (Veterinary Centers of America Inc), Management Services Agreement (Petco Animal Supplies Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful -successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (NCS Multistage Holdings, Inc.), Registration Rights Agreement (PSAV, Inc.), Registration Rights Agreement (PSAV, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (Exide Corp), Registration Rights Agreement (Beyond Com Corp), Registration Rights Agreement (Atmel Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement, the Notes, the Warrants and the Registration Rights Agreement or any other document or instrument contemplated hereby or thereby, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees ' fees, charges and disbursements in addition to any other available remedy.
Appears in 4 contracts
Samples: Securities Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al), Securities Purchase Agreement (National Auto Finance Co Inc), Securities Purchase Agreement (National Auto Finance Co Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any --------------- provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, will be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (Greenmountain Com Co), Form of Registration Rights Agreement (Greenmountain Com Co), Registration Rights Agreement (Arch Communications Group Inc /De/)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof of this Agreement is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (Harvest Capital Credit Corp), Registration Rights Agreement (Cypress Sharpridge Investments, Inc.), Registration Rights Agreement (Cypress Sharpridge Investments, Inc.)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourts, shall be entitled to recover reasonable attorneys’ fees in addition to its costs and expenses and any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (TWC Holding Corp.), Registration Rights Agreement (TWC Holding Corp.), Registration Rights Agreement (Ascent Energy Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ all attorney's fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Stockholders Agreement (Trega Biosciences Inc), Stockholders Agreement (Brokat Aktiengesellschaft), Stockholders Agreement (Blaze Software Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Subscription Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy.
Appears in 4 contracts
Samples: Subscription Agreement (Rubicon Technologies, Inc.), Subscription Agreement (Rubicon Technologies, Inc.), Subscription Agreement (Contango ORE, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly successfully asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 4 contracts
Samples: Registration Rights Agreement (ZipGlobal Holdings, Inc.), Registration Rights Agreement (Ultitek LTD), Registration Rights Agreement (Ultitek LTD)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney’s fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (EverBank Financial Corp), Registration Rights Agreement (Kenan Advantage Group Inc), Registration Rights Agreement (Fairway Group Holdings Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or the other Purchase Documents, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Cott Corp /Cn/), Asset Purchase Agreement (Boca Research Inc), Asset Purchase Agreement (Oneworld Systems Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is shall have been validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees and costs in addition to any other available remedy.
Appears in 3 contracts
Samples: Settlement Agreement (Rightchoice Managed Care Inc), Settlement Agreement (Rightchoice Managed Care Inc), Indemnification Agreement (Rightchoice Managed Care Inc /De)
Attorneys’ Fees. In any action or proceeding (i) brought to enforce any provision of this Agreement Agreement, or (ii) where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Shareholders' Agreement (Wireless Telecom Group Inc), Purchase Agreement (Ionics Inc), Stockholders Agreement (Ionics Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce --------------- any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Video Update Inc), Escrow Agreement (Savoir Technology Group Inc/De), Registration Rights Agreement (Mni Newco Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or the Stock Purchase Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (TPG Partners Lp), Registration Rights Agreement (TPG Partners Lp), Stock Purchase Agreement (Denbury Resources Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees and costs in addition to any other available remedy.
Appears in 3 contracts
Samples: Management Services Agreement (Gart Sports Co), Management Services Agreement (Big 5 Corp /Ca/), Management Services Agreement (Gart Sports Co)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable lawLaw, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Watchdata Technologies Ltd.), Registration Rights Agreement (Watchdata Technologies Ltd.), Registration Rights Agreement (Hutchison Whampoa LTD /Wav)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or any other document or instrument contemplated hereby, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Note Purchase Agreement (Garden State Newspapers Inc), Share Purchase Agreement (General Electric Co), Share Purchase Agreement (Paine Webber Group Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement or any Series B Warrant, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees and disbursements in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Kingsway Financial Services (Kingsway Financial Services Inc), Kingsway Financial Services (Kingsway Financial Services Inc), Common Stock Series B Warrant Agreement (Kingsway Financial Services Inc)
Attorneys’ Fees. In As between the parties to this Agreement, --------------- in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Warrant Registration Rights Agreement (Covad Communications Group Inc), Warrant Registration Rights Agreement (Concentric Network Corp), Warrant Registration Rights Agreement (Covad Communications Group Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defenseAgreement, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other remedy available remedyin law or at equity.
Appears in 3 contracts
Samples: Registration Rights Agreement (Shaw Group Inc), Registration Rights Agreement (Stone & Webster Inc), Registration Rights Agreement (Shaw Group Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney's fees (including any fees incurred in any appeal) in addition to its costs and expenses and any other available remedy."
Appears in 3 contracts
Samples: Securities Purchase Agreement (Contango Oil & Gas Co), Securities Purchase Agreement (Southern Ute Indian Tribe Dba Suite Growth Fund), Securities Purchase Agreement (Contango Oil & Gas Co)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable lawLaw, be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Hutchison Telecommunications International LTD), Registration Rights Agreement (Orascom Telecom Holding S.A.E.), Rights Agreement (Hanaro Telecom Inc)
Attorneys’ Fees. In As between parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorney's fees in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Quintiles Transnational Corp), Share Purchase Agreement (Ramtron International Corp), Share Exchange Agreement (Quintiles Transnational Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ attorneys fees in addition to any other available remedy.. [Signature Page Follows]
Appears in 3 contracts
Samples: Registration Rights Agreement (Golden Telecom Inc), Ownership Interest Purchase Agreement (Golden Telecom Inc), Registration Rights Agreement (Golden Telecom Inc)
Attorneys’ Fees. In any action or proceeding brought to --------------- enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Turner Paul H), Registration Rights Agreement (Pc Advisory Partnters I Lp), Registration Rights Agreement (Simons Stephen W)
Attorneys’ Fees. In any action or proceeding brought to enforce any --------------- provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover its reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Verticalnet Inc), Common Stock (Annaly Mortgage Management Inc), Registration Rights Agreement (United States Filter Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement or any Series A Warrant, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees and disbursements in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Common Stock Warrant Agreement (Kingsway Financial Services Inc), Common Stock Series a Warrant Agreement (Kingsway Financial Services Inc), Common Stock Warrant Agreement (Kingsway Financial Services Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneysattorneys fees’ fees in addition to any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Cygne Designs Inc), Registration Rights Agreement (Cygne Designs Inc), Registration Rights Agreement (Cygne Designs Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement or any Series B Warrant, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees and disbursements in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Common Stock Series B Warrant Agreement (Kingsway Financial Services Inc), Kingsway Financial Services (Kingsway Financial Services Inc), Warrant Agreement (Kingsway Financial Services Inc)
Attorneys’ Fees. In any action or proceeding Proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourts, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Registration Rights Agreement (Clark Material Handling Co), Clark Material Handling Co, Clark Material Handling Co
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement or any Warrant, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ fees and disbursements in addition to its costs and expenses and any other available remedy.. [Signature Page Follows]
Appears in 3 contracts
Samples: Common Stock Warrant Agreement (Motricity Inc), Warrant Agreement (Solutia Inc), Common Stock Warrant Agreement (Motricity Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision provisions of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its reasonable costs and expenses and any other available remedy.
Appears in 3 contracts
Samples: Investment Agreement (BNP Residential Properties Inc), Investment Agreement (Brandywine Realty Trust), Investment Agreement (Five Arrows Realty Securities L L C)
Attorneys’ Fees. In any action or proceeding brought to enforce any --------------- provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 2 contracts
Samples: Management Agreement (Leslies Poolmart), Registration Rights Agreement (Western Micro Technology Inc /De)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourts, shall be entitled to recover reasonable attorneys’ attorney's fees in addition to its costs and expenses and any other available remedy.
Appears in 2 contracts
Samples: Registration Rights Agreement (Sfac New Holdings Inc), Registration Rights Agreement (SFC New Holdings Inc)
Attorneys’ Fees. In As between the parties to this Agreement, in --------------- any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 2 contracts
Samples: Equity Registration Rights Agreement (Creditrust Corp), Warrant Registration Rights Agreement (Diva Systems Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Security Agreement, or to seek damages for a breach of any provision hereof, or where any provision hereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 2 contracts
Samples: Security Agreement (Sled Dogs Co), Security Agreement (Lund International Holdings Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful prevailing party shall, to the extent permitted by applicable law, shall be entitled to recover reasonable reasonably attorneys’ ' fees in addition to its costs and expenses and any other available remedy.
Appears in 2 contracts
Samples: Registration Rights Agreement (Renters Choice Inc), Registration Rights Agreement (Renters Choice Inc)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement or other related document, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall, to the extent permitted by applicable law, shall be entitled to recover recover, and the court or arbitrator shall award, reasonable attorneys’ fees in addition to any other available remedy.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Amiworld, Inc.), Stock Purchase Agreement (TBM Holdings, Inc.)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to as determined by the extent permitted by applicable lawcourt or arbitrator(s), as the case may be, shall be entitled to recover its reasonable attorneys’ ' fees in addition to any other available remedy.
Appears in 2 contracts
Samples: Registration Rights Agreement (PostRock Energy Corp), Registration Rights Agreement (Quest Resource Corp)
Attorneys’ Fees. In any action or proceeding brought to enforce any provision of this Agreement Agreement, or where any provision hereof is validly asserted as a defense, the successful party shallprevailing party, to the extent permitted as determined by applicable lawa court of competent jurisdiction, shall be entitled to recover reasonable and documented attorneys’ ' fees in addition to any other available remedy.
Appears in 2 contracts
Samples: Management Services Agreement (LNT Leasing II, LLC), Management Services Agreement (Claires Stores Inc)