Common use of Expenses Clause in Contracts

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 424 contracts

Samples: Investor Rights Agreement (Chimerix Inc), Investors’ Rights Agreement (Fortinet Inc), Participating Preferred Stock Purchase Agreement (Reliant Energy Inc)

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Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 391 contracts

Samples: Rights Agreement (Gentium S.p.A.), Securities Purchase Agreement (Meta Financial Group Inc), ' Rights Agreement (Hireright Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementWarrant, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 84 contracts

Samples: Investment Agreement (Puxin LTD), Investment Agreement (Puxin LTD), Investment Agreement (Puxin LTD)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 74 contracts

Samples: Investors’ Rights Agreement (Arcadia Biosciences, Inc.), Investor Rights Agreement (Conor Medsystems Inc), Registration Rights Agreement (KeyOn Communications Holdings Inc.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 73 contracts

Samples: Investors' Rights Agreement (Sicor Inc), Employment Agreement (Crosstex Energy Lp), Registration Rights Agreement (Digital Video Systems Inc)

Expenses. If any action at law or in equity is necessary to -------- enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 72 contracts

Samples: Investors' Rights Agreement (Dovebid Inc), Rights Agreement (Viador Inc), Stock Purchase Agreement (Webb Interactive Services Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.

Appears in 67 contracts

Samples: Shareholders Agreement (HUYA Inc.), Shareholders Agreement (Belite Bio, Inc), Registration Rights Agreement (iClick Interactive Asia Group LTD)

Expenses. If any action at law or in equity is necessary to -------- enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 24 contracts

Samples: Shareholders Agreement (Inventa Technologies Inc), Management Rights Agreement (Inventa Technologies Inc), Employment Agreement (Inergy L P)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 17 contracts

Samples: Shareholders Agreement (Second Sight Medical Products Inc), Shareholders Agreement (Second Sight Medical Products Inc), Registration Rights Agreement (Mortgage Com Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 16 contracts

Samples: Registration Rights Agreement (Treaty Oak Bancorp Inc), Registration Rights Agreement (Tornado Gold International Corp), Registration Rights Agreement (Astrata Group Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 10 contracts

Samples: Registration Rights Agreement (Eternal Energy Corp.), Registration Rights Agreement (Key Gold Corp), Registration Rights Agreement (Eternal Energy Corp.)

Expenses. If any action at law Law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.

Appears in 9 contracts

Samples: Investors’ Rights Agreement (eHi Car Services LTD), Investors’ Rights Agreement (eHi Car Services LTD), Sixth Amended and Restated Shareholders Agreement (Cloopen Group Holding LTD)

Expenses. If any action at law or in equity is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 8 contracts

Samples: Rights Agreement (Icm Asset Management Inc/Wa), Registration Rights Agreement (Cross Media Marketing Corp), Registration Rights Agreement (Diedrich Coffee Inc)

Expenses. If any action at law or in equity is necessary -------- to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 8 contracts

Samples: Rights Agreement (Flycast Communications Corp), Rights Agreement (Ibeam Broadcasting Corp), Investors' Rights Agreement (Dovebid Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each party hereto shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.

Appears in 7 contracts

Samples: Note Purchase Agreement (Marina Biotech, Inc.), Note Purchase Agreement (Pure Bioscience, Inc.), Note Purchase Agreement (Oncotelic Therapeutics, Inc.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party hereto shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 7 contracts

Samples: Voting and Standstill Agreement (Aterian, Inc.), Voting and Standstill Agreement (Mohawk Group Holdings, Inc.), Lock Up Agreement (Aterian, Inc.)

Expenses. If any In the event an action at law or in equity is necessary required to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney’s fees and costs and necessary disbursements in addition to any other relief to which such that party may be entitled.

Appears in 7 contracts

Samples: Employment Agreement (Ambassadors Group Inc), Employment Agreement (Osi Systems Inc), Change in Control Agreement (Ambassadors International Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. In addition, the Company shall pay the reasonable attorneys' fees, costs and disbursements of the Investors in enforcing any terms of this Agreement, whether or not any action at law or in equity is brought.

Appears in 7 contracts

Samples: Registration Rights Agreement (Icm Asset Management Inc/Wa), Registration Rights Agreement (Aura Systems Inc), Registration Rights Agreement (Aura Systems Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 7 contracts

Samples: Control Agreement (EnLink Midstream, LLC), Control Agreement (EnLink Midstream Partners, LP), Enlink Midstream (EnLink Midstream, LLC)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Company shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.

Appears in 6 contracts

Samples: Note Purchase and Security Agreement and Guaranty (Earthlink Inc), Note Purchase Agreement (Phunware, Inc.), Note Purchase Agreement (Phunware, Inc.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreementthe Basic Documents, the prevailing party Party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.

Appears in 6 contracts

Samples: Common Share Purchase Agreement (Interoil Corp), Securities Purchase Agreement (Interoil Corp), Stock Purchase Agreement (Spacehab Inc \Wa\)

Expenses. If any In the event an action at law or in equity is necessary -------- required to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney's fees and costs and necessary disbursements in addition to any other relief to which such that party may be entitled.

Appears in 5 contracts

Samples: Employment Agreement (Osi Systems Inc), Employment Agreement (Grand Havana Enterprises Inc), Employment Agreement (Osi Systems Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 5 contracts

Samples: Registration Rights Agreement (Vsource Inc), Registration Rights Agreement (Vsource Inc), Stockholders Agreement (Vsource Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements (by application to the court in which the action was conducted and as determined by such court) in addition to any other relief to which such party may be entitled.

Appears in 5 contracts

Samples: Registration Rights Agreement (Open Solutions Inc), Investors' Rights Agreement (Open Solutions Inc), Investors' Rights Agreement (Open Solutions Inc)

Expenses. If Except as otherwise provided herein, if any action at -------- law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 5 contracts

Samples: Investor Rights Agreement (Entravision Communications Corp), Investor Rights Agreement (Entravision Communications Corp), Exchange Agreement (Entravision Communications Corp)

Expenses. If any action at law or in equity is necessary to enforce or -------- interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 5 contracts

Samples: Investors' Rights Agreement (Inflow Inc), Restructuring Agreement (Teletouch Communications Inc), Registration Rights Agreement (Fogdog Inc)

Expenses. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs expenses and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 5 contracts

Samples: Investors' Rights Agreement (Liquor Com Inc), Registration Rights Agreement (Viewcast Com Inc), Investors' Rights Agreement (Liquor Com Inc)

Expenses. If any In the event an action at law or in equity is necessary required to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney's fees and costs and necessary disbursements in addition to any other relief to which such that party may be entitled.

Appears in 5 contracts

Samples: Employment Agreement (Entertainment Boulevard Inc), Employment Agreement (Entertainment Boulevard Inc), Employment Agreement (Worldnet Resources Group Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 4 contracts

Samples: Investors’ Rights Agreement (Vital Therapies Inc), Note Purchase Agreement (China Broadband Inc), Investors’ Rights Agreement (Vital Therapies Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementWarrant, the prevailing party shall will be entitled to reasonable attorneys' fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.

Appears in 4 contracts

Samples: Mobility Electronics Inc, Mobility Electronics Inc, Mobility Electronics Inc

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Borrower shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.

Appears in 4 contracts

Samples: Note Purchase Agreement (Mountains West Exploration Inc), Note Administration and Security Agreement (Capital Growth Systems Inc /Fl/), Global Bridge Note Purchase Agreement (Capital Growth Systems Inc /Fl/)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or any Note, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 4 contracts

Samples: Note Purchase and Security Agreement (Lenco Mobile Inc.), Note Purchase and Security Agreement (Lenco Mobile Inc.), Note Purchase and Security Agreement (Lenco Mobile Inc.)

Expenses. If any action at law or in equity or through arbitration is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 4 contracts

Samples: Stockholders' Agreement (Options Talent Group), Stockholders' Agreement (Options Talent Group), Stockholders' Agreement (Options Talent Group)

Expenses. If any action at law or in equity is -------- necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 4 contracts

Samples: Rights Agreement (Production Group International Inc), Rights Agreement (Replaytv Inc), Investors' Rights Agreement (Altiris Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be is entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 4 contracts

Samples: Registration Rights Agreement (Tippingpoint Technologies Inc), Employment Agreement (Inergy L P), Employment Agreement (Inergy L P)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 4 contracts

Samples: Note Purchase Agreement, Secured Convertible Note Purchase Agreement (Meade Instruments Corp), Note Purchase Agreement

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Irrespective of whether the Closing is effected, each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement and the Notes.

Appears in 4 contracts

Samples: Note Purchase Agreement (Soliton, Inc.), Note Purchase Agreement (Soliton, Inc.), Note Purchase Agreement (Soliton, Inc.)

Expenses. If any In the event an action at in law or in equity is necessary -------- required to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney's fees and costs and necessary disbursements in addition to any other relief to which such that party may be entitled.

Appears in 4 contracts

Samples: Employment Agreement (Osi Systems Inc), Employment Agreement (Osi Systems Inc), Employment Agreement (Osi Systems Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Policy Agreement (Netshoes (Cayman) Ltd.), Policy Agreement (Netshoes (Cayman) Ltd.), Policy Agreement (Netshoes (Cayman) Ltd.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reimbursement of reasonable attorneys’ feesattorney’s fees and other costs incurred by such party in connection with such action, costs and necessary disbursements in addition to any other relief to which such party may be is entitled.

Appears in 3 contracts

Samples: Employment Agreement (Overhill Farms Inc), Executive Employment Agreement (C&J Energy Services, Inc.), Employment Agreement (Overhill Farms Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.

Appears in 3 contracts

Samples: Common Share Purchase Agreement (Interoil Corp), Securities Purchase Agreement (Spacehab Inc \Wa\), Common Share Purchase Agreement (Interoil Corp)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the Proxy, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Voting Agreement (Olympic Cascade Financial Corp), Voting Agreement (One Clark LLC), Voting Agreement (One Clark LLC)

Expenses. If any action at law or in equity is necessary to enforce -------- or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Rights Agreement (Advanced Tissue Sciences Inc), Investors' Rights Agreement (Inflow Inc), Registration Rights Agreement (Iteris Inc)

Expenses. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs expenses and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Exchange Agreement (Viewcast Com Inc), Registration Rights Agreement (Viewcast Com Inc), Registration Rights Agreement (ChinaEdu CORP)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled as shall be determined by a court of competent jurisdiction.

Appears in 3 contracts

Samples: Resale Agreement (Genius Products Inc), Resale and Voting Agreement (American Vantage Companies), Resale and Voting Agreement (Genius Products Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement (including any exhibit or schedule hereto), the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Asi Technology Corp), Securities Purchase Agreement (Asi Technology Corp), Warrant and Common Stock Purchase Agreement (Enova Systems Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, or the Shareholders Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Generex Biotechnology Corp), Stock Purchase Agreement (Generex Biotechnology Corp), Stock Purchase Agreement (Generex Biotechnology Corp)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs cost and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Registration Rights Agreement (Crusader Capital Partners II LLC), Rights Agreement (Mobility Electronics Inc), Investors' Rights Agreement (Mobility Electronics Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable reasonable, documented out-of-pocket attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Patriot Financial Partners Iii, L.P.), Stock Purchase Agreement (Carpenter Community BancFund-A, L.P.), Form of Stock Purchase Agreement (Carpenter Community BancFund-A, L.P.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be is entitled to receive reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Employment Agreement (Inergy L P), Employment Agreement (Inergy L P), Employment Agreement (Inergy L P)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Company shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.

Appears in 3 contracts

Samples: Form of Note Purchase Agreement (Health Partnership Inc.), Form of Note Purchase Agreement (Health Partnership Inc.), Note and Warrant Purchase Agreement (BioVex Group, Inc.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the Proxy, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Voting Agreement (Vfinance Inc), Voting Agreement (Berjaya Group Cayman LTD), Voting Agreement (National Holdings Corp)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreementthe Basic Documents, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, out-of-pocket costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Securities Purchase Agreement (El Paso Pipeline Partners, L.P.), Securities Purchase Agreement (El Paso Pipeline Partners, L.P.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorneys= fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Investor Rights Agreement (Viacom Inc), Investor Rights Agreement (Viacom Inc)

Expenses. If any action at law or in equity is necessary to enforce -------- or interpret the terms of this AgreementAmendment, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Rights Agreement (Amerigon Inc), Investors' Rights Agreement (Amerigon Inc)

Expenses. If any action at law or in equity is necessary commenced to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs ' fees and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Home Solutions of America Inc), S Rights Agreement (Find SVP Inc)

Expenses. If any action at law Law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Fourth Amended and Restated Shareholders Agreement (Soulgate Inc.), Stockholders’ Agreement (OptiNose, Inc.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAmendment, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Rights Agreement (Amerigon Inc), Rights Agreement (Amerigon Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled after a final, non-appealable judgment that this Agreement has been breached by the non-prevailing party and such breach has caused actual damages to the prevailing party. In no event shall the prevailing party be entitled to consequential, speculative or punitive damages.

Appears in 2 contracts

Samples: Affiliate Agreement (Marketwatch Com Inc), Affiliate Agreement (Pinnacor Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the Proxy, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled after a final, non-appealable judgment that this Agreement has been breached by the non-prevailing party and such breach has caused actual damages to the prevailing party. In no event shall the prevailing party be entitled to consequential, speculative or punitive damages.

Appears in 2 contracts

Samples: Voting Agreement (Pinnacor Inc), Voting Agreement (Marketwatch Com Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: ' Rights Agreement (Printcafe Inc), Rights Agreement (Printcafe Software Inc)

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Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs costs, expenses and necessary disbursements in addition to any other relief to which such party may be entitled. The Company shall bear all costs, expenses and legal fees incurred by it and by the Purchaser with respect to this Agreement, the Warrant and the transactions contemplated hereby.

Appears in 2 contracts

Samples: Warrant Purchase Agreement (Vintage Capital Group, LLC), Warrant Purchase Agreement (Caprius Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.

Appears in 2 contracts

Samples: Investor Rights Agreement (China Mass Media International Advertising Corp.), Investor Rights Agreement (China Mass Media International Advertising Corp.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the Transaction Documents the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Securities Purchase Agreement (C3d Inc), Securities Purchase Agreement (Skyframes Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, ' fees and costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Advisory Agreement (Mindarrow Systems Inc), Strategic Consulting Agreement (Mindarrow Systems Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Agreement (Fischer Imaging Corp), Registration Rights Agreement (Exogen Inc)

Expenses. If Notwithstanding the foregoing, if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Excel Corp), Loan and Security Agreement (Excel Corp)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Convertible Bridge Note (Stryve Foods, Inc.), Exclusive Channel Collaboration Agreement (Histogenics Corp)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the Proxy, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled after a final, non-appealable judgment that this Agreement has been breached by the non-prevailing party and such breach has caused actual damages to the prevailing party. In no event shall the prevailing party be entitled to consequential, speculative or punitive damages.

Appears in 2 contracts

Samples: Joinder to Agreement (Carl Marks & Co. Inc.), Voting Agreement (Applied Imaging Corp)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such each party may be entitled.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Wave Systems Corp), Stock Purchase Agreement (Wave Systems Corp)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs costs, expenses and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Registration Rights Agreement (Caprius Inc), Registration Rights Agreement (Vintage Capital Group, LLC)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs cost and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Consumer Direct of America), Registration Rights Agreement (Consumer Direct of America)

Expenses. If any action at law or in equity is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. In addition, the Company shall pay the reasonable attorneys' fees, costs and expenses of the Investors in enforcing any terms of this Agreement, whether or not any action at law or in equity is brought.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Icm Asset Management Inc/Wa), Investors' Rights Agreement (Svi Solutions Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled, if awarded by a court of competent jurisdiction.

Appears in 1 contract

Samples: Investors’ Rights Agreement (TESARO, Inc.)

Expenses. If any action at law or in equity is necessary to -------- enforce or interpret the terms of this Agreementthe Transaction Documents, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, out-of-pocket costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Petrosearch Energy Corp)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Code Rebel Corp)

Expenses. If any action at law or in equity is necessary to enforce or -------- interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Stockholder Rights Agreement (R2 Technology Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: And Registration Rights Agreement (Overseas Filmgroup Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each party hereto shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Note.

Appears in 1 contract

Samples: Banzai International, Inc.

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs costs, expenses and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Voting Agreement (Beacon Education Management Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Carthew Bay Technologies Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Company shall pay all reasonable out of pocket costs and expenses that Lender incurs with respect to the negotiation, execution, delivery and performance of this Agreement, including the regular hourly rates of the in house counsel of Lender with respect to time spent by said counsel with respect to the foregoing.

Appears in 1 contract

Samples: Cgsi Aequitas Unsecured Bridge Note Purchase Agreement (Capital Growth Systems Inc /Fl/)

Expenses. If any action at law or in equity is necessary xxx xx xx xxxxxx xx xecessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Investor Rights Agreement (Soros Fund Management LLC)

Expenses. If any action at law or in equity is necessary to -------- enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Attorney's fees of the prevailing party for purposes hereof will be limited to the attorney's fees of the non-prevailing party with respect to such arbitration.

Appears in 1 contract

Samples: Registration Rights Agreement (P-Com Inc)

Expenses. If any action at law or in equity is necessary to -------- enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Additional Redemption Agreement (Korn Ferry International)

Expenses. If Except as otherwise provided herein, if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Investor Rights Agreement (Comscore, Inc.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorneys fees, costs and necessary disbursements in addition to any other over relief to which such party may be entitledentitled and such prior agreement shall have no further force or effect.

Appears in 1 contract

Samples: Driveway Corp

Expenses. If any action at law or in equity is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Registration Rights Agreement (Altris Software Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Company will pay all reasonable expenses incurred by any member of the Board of Directors in attending Board of Director meetings or visiting the Company’s facilities in accordance with the Company’s reimbursement policies.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Silver Spring Networks Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each Credit Party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.

Appears in 1 contract

Samples: Cgsi 2 Year Term Note Purchase Agreement (Capital Growth Systems Inc /Fl/)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Note Purchase Agreement (GlyEco, Inc.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief relief-to which such party may be entitled.

Appears in 1 contract

Samples: Investors' Rights Agreement (CleanTech Biofuels, Inc.)

Expenses. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Investors’ Rights Agreement (AtriCure, Inc.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the Warrants or the Certificate of Designation, the prevailing party or parties shall be entitled to receive from the other party or parties reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such the prevailing party or parties may be entitled.

Appears in 1 contract

Samples: Subscription Agreement (Orderpro Logistics Inc)

Expenses. If any action at law or in equity is necessary to enforce or -------- interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs expenses and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Registration Rights Agreement (Tvia Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Company and the Lenders will bear their own legal and other expenses with respect to the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Restoration Robotics, Inc.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.

Appears in 1 contract

Samples: ’s Rights Agreement (Fulgent Genetics, Inc.)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The Company and each of the Lenders shall be responsible for its own expenses incurred with respect to the negotiation, execution, delivery and performance of this Agreement.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (One Link 4 Travel Inc)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the substantially prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Rights Agreement (Vuzix Corp)

Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements incurred in connection with such enforcement in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: And Standstill Agreement (Ucbh Holdings Inc)

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