Certain Expenses. The Company shall pay on demand all expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 13 contracts
Sources: Senior Subordinated Secured Convertible Note (Onstream Media CORP), Senior Subordinated Secured Convertible Note (Onstream Media CORP), Note Purchase Agreement (Onstream Media CORP)
Certain Expenses. The Company shall pay on demand all expenses incurred by the Holder, including reasonable attorneys' ’ fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 4 contracts
Sources: Note Purchase Agreement (Emagin Corp), Convertible Note Agreement (Berliner Communications Inc), Convertible Note Agreement (Berliner Communications Inc)
Certain Expenses. The Company shall pay on demand all expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 4 contracts
Sources: Purchase Agreement (Viragen Inc), Note Purchase Agreement (Omni Medical Holdings Inc), Senior Subordinated Secured Note (Direct Insite Corp)
Certain Expenses. The Company shall pay on demand all expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment amendment, modification, waiver or waiver of consent relating to this Note or any other Transaction DocumentNote, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 3 contracts
Sources: Senior Secured Convertible Note (Willis Group LLC), Note Purchase and Exchange Agreement (Equalnet Communications Corp), Senior Secured Convertible Note (Equalnet Communications Corp)
Certain Expenses. The Company shall pay on demand all reasonable out-of-pocket expenses incurred by the Holder, including reasonable attorneys' ’ fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 2 contracts
Sources: Convertible Note (Insmed Inc), Convertible Note Agreement (Zix Corp)
Certain Expenses. The Company shall pay on demand all expenses ---------------- incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 2 contracts
Sources: Note Purchase Agreement (Cephalon Inc), Note Purchase Agreement (Cephalon Inc)
Certain Expenses. The Company shall pay on demand all ----------------- expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 2 contracts
Sources: Note Purchase Agreement (Dwango North America Corp), Note Purchase Agreement (Dwango North America Corp)
Certain Expenses. The Company shall pay on demand all expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with with, (x) the negotiation, preparation or execution of any amendment or waiver modification of this Note or any other the Transaction DocumentDocuments, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the HolderHolder in which the Holder prevails.
Appears in 2 contracts
Sources: 12% Secured Convertible Note (Transmedia Asia Pacific Inc), 12% Secured Convertible Note (Transmedia Asia Pacific Inc)
Certain Expenses. The Company shall pay on demand all reasonable out-of-pocket expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 2 contracts
Sources: Convertible Note (Zix Corp), Convertible Note (Zix Corp)