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 344 contracts
Samples: Stockholders Agreement (Rexahn Pharmaceuticals, Inc.), Investors’ Rights Agreement (AEON Biopharma, Inc.), Investors’ Rights Agreement (Minerva Surgical 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 320 contracts
Samples: Investors’ Rights Agreement, Investor Rights Agreement (Calithera Biosciences, Inc.), Registration Rights and Securityholder Agreement (Esperion Therapeutics, 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 187 contracts
Samples: Investor Rights Agreement (Roka BioScience, Inc.), Securities Purchase Agreement (Corgenix Medical Corp/Co), Investor Rights Agreement (Viewray 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 38 contracts
Samples: Convertible Promissory Note Subscription Agreement, Investor Rights Agreement (Groupon, Inc.), Investor Rights Agreement (Mirna Therapeutics, 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 26 contracts
Samples: Investors’ Rights Agreement (Corium International, Inc.), Secured Note and Common Stock Purchase Agreement (Stratos Renewables CORP), Common Stock Purchase Agreement (Searchlight Minerals 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 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: Stock Purchase Agreement (Calithera Biosciences, Inc.), Securities Purchase Agreement (ChromaDex Corp.), Share Subscription Agreement (Incyte Corp)
Attorneys’ Fees. In case of any action or proceeding to compel compliance with, or for a breach of, any of the event that any suit or action is instituted to enforce any provision in terms and conditions 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 action or with respect to this Agreementproceeding, including without limitationincluding, such but not limited to, reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all attorneys' fees, costs and expenses of appeals.
Appears in 12 contracts
Samples: Engagement Agreement (Carbon Credit International, Inc.), Consulting Agreement (Ecology Coatings, Inc.), Consulting Agreement (Ecology Coatings, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 9 contracts
Samples: Investor Rights Agreement (Aviall Inc), Equity Acquisition (Candies Inc), Right of First Refusal and Sale Agreement (Tag It Pacific 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: Stock Subscription Agreement (Aridis Pharmaceuticals, Inc.), Securities Purchase Agreement (Immix Biopharma, Inc.), Stock and Warrant Subscription Agreement (Cardiff Oncology, Inc.)
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Samples: Registration Rights Agreement (dELiAs, Inc.), Rights Agreement (Pubmatic, Inc.), Registration Rights Agreement (dELiAs, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Samples: Rights Agreement (Valera Pharmaceuticals Inc), Rights Agreement (Gp Strategies Corp), Rights Agreement (National Patent Development 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 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 (Petrosearch 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 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 (Internet America Inc), Securities Purchase Agreement (Internet America Inc)
Attorneys’ Fees. In the event that any suit or action is instituted brought to enforce any provision in this Agreement, the substantially prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such substantially prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
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 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 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 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 4 contracts
Samples: Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc), Registration Rights Agreement (GlassHouse Technologies Inc), Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Subscription Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party parry under or with respect to this Subscription Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, . all fees, . costs and expenses of appeals.
Appears in 4 contracts
Samples: Initial Subscription Agreement (Swift Transportation Co Inc), Initial Subscription Agreement (Hunt J B Transport Services Inc), Initial Subscription Agreement (MS Carriers 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), Voting Agreement (Cvent Inc), Stockholders’ 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 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: Investment Agreement (Sk Technologies Corp), Acquisition Agreement (Bidville Inc), Investment Agreement (Sk Technologies Corp)
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 incurred in attempting to resolve the dispute and expenses of enforcing any right of such prevailing party under or 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 3 contracts
Samples: Stock Purchase Agreement (Travel Services International Inc), Purchase Agreement (Travel Services International Inc), Purchase Agreement (Travel Services International 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 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 (Gemphire Therapeutics Inc.), Note Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Note Purchase Agreement (Gemphire Therapeutics Inc.)
Attorneys’ Fees. In any action between the event that any suit or action is instituted Parties to enforce any provision in of the terms of this Agreement or any other matter arising from this Agreement, the prevailing party in such dispute Party shall be entitled to recover from the losing party all fees, its costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreementexpenses, including without limitationreasonable attorneys' fees up to and including all negotiations, such reasonable fees trials and expenses of attorneys and accountantsappeals, which shall include, without limitation, all fees, costs and expenses of appealswhether or not litigation is initiated.
Appears in 3 contracts
Samples: Monetization Agreement (Youngevity International, Inc.), CLR Siles Mill Construction Agreement (Youngevity International, Inc.), Master Relationship Agreement (Youngevity International, 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: Promissory Note and Warrant Purchase Agreement (Cardium Therapeutics, Inc.), Note and Warrant Purchase Agreement (Cardium Therapeutics, Inc.), Note and Warrant Purchase Agreement (Cardium Therapeutics, 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 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. 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 3 contracts
Samples: Investors’ Rights Agreement (Vonage Holdings Corp), Registration Rights Agreement (EPAM Systems, Inc.), Registration Rights Agreement (EPAM Systems, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted a dispute arises with respect to enforce any provision in this Agreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, 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 fees, costs reasonable attorneys' fees and expenses of appealsincurred in ascertaining such party's rights and in preparing to enforce or in enforcing such party's rights under this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Flour City International Inc /Fa), Employment Agreement (Flour City International Inc), Employment Agreement (Flour City International Inc)
Attorneys’ Fees. 11.1 In the event that any suit or action is instituted to enforce any provision provisions in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
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 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 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 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.), Common Stock and Note Purchase Agreement (Luna Innovations Inc), Series D Preferred Stock Purchase Agreement (Bioform Medical 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 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 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 (Epocrates Inc), Investor Rights Agreement (Epocrates 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: Put Agreement (Isun, Inc.), Put Agreement (Isun, 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 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 action at law or action is instituted in equity to enforce any provision in of the provisions or rights under this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing unsuccessful party all feescosts, costs expenses and expenses of enforcing any right of such reasonable attorney's fees incurred therein by the prevailing party under or with respect to this Agreement(including, including without limitation, such reasonable costs, expenses and fees on any appeals), and expenses if such prevailing party shall recover judgment in any such action or proceeding, such costs, expenses, including those of attorneys expert witnesses and accountants, which shall include, without limitation, all attorney's fees, costs and expenses shall be included as part of appealsthe judgment.
Appears in 2 contracts
Samples: Settlement Agreement and Mutual General Release (TransBiotec, Inc.), atlanticdistributiongroup.files.wordpress.com
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 fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Voting Agreement (DJSP Enterprises, Inc.), Quota Purchase Agreement (Orange 21 Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.this
Appears in 2 contracts
Samples: Registration Rights Agreement (Internet Pictures Corp), Registration Rights Agreement (Image Investor Portfolio a Sep Ser of Memphis Angels LLC)
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 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 Except as otherwise provided herein, 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 2 contracts
Samples: Securities Purchase Agreement (Tidel Technologies Inc), Securities Purchase Agreement (Tidel Technologies Inc)
Attorneys’ Fees. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys 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 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 to enforce any provision provisions in this Agreement, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Note Satisfaction and Securities Purchase Agreement (Lightpath Technologies Inc), Equity Interests Transfer Agreement (Omnivision Technologies 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 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 If any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Registration Rights Agreement (Startek Inc), Stock Purchase & Sale Agreement (Xcelerate, 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 2 contracts
Samples: Investor Rights Agreement (Omneon Video Networks, Inc.), Investor Rights Agreement (Omneon Video Networks, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all 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 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, limitation all fees, costs and expenses of appeals. (THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.)
Appears in 2 contracts
Samples: Closing Agreement (Biofarm Inc), Share Exchange Agreement (Biofarm Inc)
Attorneys’ Fees. In the event that of any suit dispute or action is instituted litigation between the parties to declare or enforce any provision in of this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all feesparty, costs in addition to any other recovery and expenses of enforcing any right of such prevailing party under or costs, reasonable attorney's fees incurred with respect to this Agreementsuch dispute or in such litigation, including without limitation, such reasonable fees in both the trial and expenses of attorneys in all appellate courts and accountants, which shall include, without limitation, all fees, costs and expenses of appealsin any bankruptcy proceeding.
Appears in 2 contracts
Samples: Supply and Services Agreement (R B Rubber Products Inc), R B Rubber Products Inc
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 to enforce any provision in this AgreementAgreement or the Warrant, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this AgreementAgreement and/or the Warrant, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Emezine Settlement Agreement (Biodelivery Sciences International Inc), Emezine Settlement Agreement (Accentia Biopharmaceuticals 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 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 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 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: Preferred Stock Purchase Agreement (Gene Logic Inc), Preferred Stock Purchase Agreement (Peerless Systems 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 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: Standstill and Protective Measures Agreement (Mezzanine Management LTD), Stockholders’ Agreement (Entorian Technologies 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. [Balance of page intentionally left blank; signature page follows.]
Appears in 1 contract
Attorneys’ Fees. In the event that If any suit litigation or action arbitration is instituted commenced to enforce any provision in of this Agreement or to seek a declaration of rights of the Parties hereunder or as a result of any breach of any provisions of this Agreement, the prevailing party in such dispute shall Party will be entitled to recover from the losing party non-prevailing Party all fees, of its costs and expenses of enforcing any right of incurred in connection with such prevailing party under litigation or with respect to this Agreementarbitration, including without limitation, such limitation reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all attorneys' fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Development and Promotion Agreement (Cavion Technologies Inc)
Attorneys’ Fees. In the event that If any suit action or action proceeding is instituted brought in any court by any party to enforce any provision in of this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing non-prevailing party all fees, of its reasonable costs and expenses of enforcing any right of incurred in connection with such prevailing party under or with respect to this Agreementaction, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all attorneys' fees, costs and expenses of appeals.
Appears in 1 contract
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 feesfeed, costs and costs, and, expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitationbut not limited to, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitationbut is not limited to, all reasonable fees, costs costs, and expenses of appeals.
Appears in 1 contract
Samples: Trademark License Agreement
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 reasonable 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 1 contract
Attorneys’ Fees. In the event that If any suit action or action proceeding is instituted brought in any court by any party to enforce any provision in provisions of this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing non-prevailing party all fees, of its reasonable costs and expenses of enforcing any right of incurred in connection with such prevailing party under or with respect to this Agreementaction, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all attorneys' fees, costs and expenses of appeals.
Appears in 1 contract
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.. 56161
Appears in 1 contract
Samples: Note Purchase Agreement (Eroomsystem Technologies 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 and actually incurred fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable and actually incurred fees, costs and expenses of appeals.
Appears in 1 contract
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 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 1 contract
Samples: Security Agreement (Workstream 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.. * * * * [SIGNATURES ON NEXT PAGE] 11
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Omneon Video Networks, Inc.)
Attorneys’ Fees. In the event that If 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 1 contract
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 accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Settlement and Release Agreement (Villageedocs Inc)
Attorneys’ Fees. In the event that If any suit or action is instituted party to this Agreement seeks to enforce any provision in the terms and provisions of this Agreement, then the prevailing party in such dispute action shall be entitled to recover from the losing party all 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 reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
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 1 contract
Samples: Preferred Stock Purchase Agreement (Camden Partners Strategic Ii LLC)
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 appeals.appeal. * * *
Appears in 1 contract
Samples: Registration Rights 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 1 contract
Samples: Stock Purchase Agreement (Camden Partners Strategic Ii LLC)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, Agreement the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Pebblebrook Hotel Trust)
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 in respect to of 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 1 contract
Samples: Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in provisions of this Agreement or any Related 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 Agreementprovisions, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, include without limitation, all fees, costs and expenses of appeals. A prevailing party shall be deemed to be that party which receives a preponderance of the relief (excluding any consequential or punitive damages sought) such party was seeking.
Appears in 1 contract
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.. 39973
Appears in 1 contract
Samples: Collateral Agency Agreement (Eroomsystem Technologies Inc)
Attorneys’ Fees. Attorneys' Fees" \l 2. 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 1 contract
Samples: Securities Purchase Agreement (Metropolitan Health Networks Inc)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing 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 include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Refusal and Co Sale Agreement (Ovation Products Corp)
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing 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 1 contract
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 fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Digital Turbine, 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 and customary fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Securities Purchase Agreement (Blast Energy Services, 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 CONFIDENTIAL 9 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 1 contract
Attorneys’ Fees. In the event that any suit or action is instituted to enforce any provision in this Agreementthe Agreement or the other agreements and instruments delivered pursuant hereto, 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 Agreementthereunder, 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 1 contract
Samples: Stock Purchase Agreement (National Medical Health Card 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 in respect to of 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 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Internet Capital Group Inc)
Attorneys’ Fees. In the event that If any suit or other 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 1 contract
Samples: Securities Purchase Agreement (Smartserv Online 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.. 3.10
Appears in 1 contract
Samples: Investors' Rights Agreement (Pequot Capital Management Inc/Ct/)
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, limitation all fees, costs and expenses of appeals.
Appears in 1 contract
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 cows and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without -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 1 contract
Attorneys’ Fees. In the event that any suit or action is ---------- --------------- instituted to enforce any provision in this Subscription Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party parry under or with respect to this Subscription Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, . all fees, . costs and expenses of appeals.
Appears in 1 contract
Samples: Initial Subscription Agreement (Us Xpress Enterprises Inc)
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision in of the terms of this Agreement, or if any appeal is taken from any decision rendered hereunder, the prevailing party in such dispute shall be entitled to recover from the losing other party all fees, the 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(including, without limitation, all attorneys' fees, the fees and costs of experts and consultants, copying, courier and telecommunication costs and expenses of appeals.deposition costs and all other costs of
Appears in 1 contract
Attorneys’ Fees. In the event that any suit suit, action or action arbitration 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 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 1 contract
Samples: Membership Interest Purchase Agreement (Manitex International, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted 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 in relation 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 1 contract
Attorneys’ Fees. In the event that If any suit or action is instituted to enforce any provision in of the terms of this Agreement, or if any appeal is taken from any decision rendered hereunder, the prevailing party in such dispute shall be entitled to recover from the losing other party all the costs and fees (including, without limitation, attorneys' fees, the fees and costs of experts and consultants, copying, courier and telecommunication costs and expenses deposition costs and all other costs of enforcing any right of discovery) incurred by such prevailing party under in such suit or with respect to this Agreementaction, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.any post-trial or appellate proceeding. 10.6
Appears in 1 contract
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 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 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 1 contract
Samples: Stock Purchase Agreement (Omni Bio Pharmaceutical, Inc.)
Attorneys’ Fees. In the event that any suit or action is instituted party hereto shall be required to enforce or interpret the terms of this Agreement in any provision in this Agreementaction or proceeding, 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 Agreementexpenses, including without limitation, such its reasonable attorneys' fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsincurred in litigation.
Appears in 1 contract