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 459 contracts
Sources: Investors’ Rights Agreement (Alamar Biosciences, Inc.), Registration Rights Agreement (WeShop Holdings LTD), Investors’ Rights Agreement (Evommune, 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 393 contracts
Sources: Registration and Information Rights Agreement (Galmed Pharmaceuticals Ltd.), Stockholders Agreement (Platinum Energy Solutions, Inc.), Securities Purchase Agreement (Meta Financial Group 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 92 contracts
Sources: Warrant Agreement (Janus Henderson Group PLC), Warrant Agreement (Aptera Motors Corp), Warrant Agreement (Aptera Motors 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 81 contracts
Sources: Investors’ Rights Agreement (Ceribell, Inc.), Investors’ Rights Agreement (Ceribell, Inc.), Note Purchase Agreement (Smith Micro 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 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 80 contracts
Sources: Shareholders Agreement (Yimutian Inc.), Shareholder Agreement (WeRide Inc.), Right of First Refusal and Co Sale Agreement (WeRide 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 76 contracts
Sources: Subscription Agreement, Subscription Agreement, Subscription 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.
Appears in 72 contracts
Sources: Registration Rights Agreement (Digital Generation Systems Inc), Registration Rights Agreement (Ivax Diagnostics Inc), Registration Rights Agreement (Metawave 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’ attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 24 contracts
Sources: 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 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
Sources: Shareholder Agreement (Second Sight Medical Products Inc), Shareholder 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
Sources: Registration Rights Agreement (Treaty Oak Bancorp Inc), Investors' Rights Agreement (U S Interactive Inc/Pa), Investor Rights Agreement (KPMG Consulting 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
Sources: Registration Rights Agreement (Saint James CO), Registration Rights Agreement (Golden Hope Resources Corp), Registration Rights Agreement (Saint James CO)
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
Sources: Shareholder Agreements (Cloopen Group Holding LTD), Shareholder Agreements (Cloopen Group Holding LTD), Shareholder Agreement (CooTek(Cayman)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 9 contracts
Sources: Note Purchase Agreement (Pure Bioscience, Inc.), Note Purchase Agreement (Mosaic ImmunoEngineering Inc.), Note Purchase Agreement (Pure Bioscience, 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 9 contracts
Sources: Change in Control Agreement (EnLink Midstream, LLC), Severance Agreement (EnLink Midstream, LLC), Change in Control Agreement (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.
Appears in 8 contracts
Sources: Investors' Rights Agreement (Hall Kinion & Associates Inc), Investors' Rights Agreement (Dovebid Inc), Investors' Rights Agreement (Altiris 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.
Appears in 8 contracts
Sources: Investors' Rights Agreement (Icm Asset Management Inc/Wa), Registration Rights Agreement (Diedrich Coffee Inc), Investors' Rights Agreement (Svi Holdings Inc)
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 8 contracts
Sources: Promissory Note and Loan Agreement (Polomar Health Services, Inc.), Promissory Note and Loan Agreement (Polomar Health Services, Inc.), Convertible Bridge Note (Stryve Foods, 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
Sources: Registration Rights Agreement (Aura Systems Inc), Registration Rights Agreement (Aura Systems Inc), Registration Rights Agreement (Icm Asset Management 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 7 contracts
Sources: Employment Agreement (Osi Systems Inc), Employment Agreement (Ambassadors Group 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 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
Sources: Lock Up Agreement (Aterian, Inc.), Lock Up Agreement (Aterian, Inc.), Voting and Standstill Agreement (Aterian, 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 costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement.
Appears in 6 contracts
Sources: Note and Warrant Purchase Agreement (Gelesis Holdings, 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
Sources: Securities Purchase Agreement (Interoil Corp), Common Share Purchase Agreement (Interoil Corp), Common Unit Purchase Agreement (Tc Pipelines Lp)
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
Sources: Registration Rights Agreement (XTI Aerospace, Inc.), Registration Rights Agreement, Registration Rights Agreement (Viewcast 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 5 contracts
Sources: Registration Rights Agreement (Vsource Inc), Registration Rights Agreement (Vsource Inc), Registration Rights Agreement (Mercantile Equity Partners Iii L P)
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
Sources: Employment Agreement (United Leisure Corp), 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 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
Sources: Registration Rights Agreement (Fogdog Inc), Investors' Rights Agreement (Efficient Networks Inc), Investors' Rights Agreement (Inflow 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
Sources: Investors' Rights Agreement (Liquor Com Inc), Investors' Rights Agreement (Liquor Com Inc), Registration Rights Agreement (Toreador Resources Corp)
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
Sources: Employment Agreement (Entertainment Boulevard Inc), Employment Agreement (Entertainment Boulevard Inc), Employment Agreement (Entertainment Boulevard 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
Sources: Convertible Subordinated Note Purchase Agreement (Entravision Communications Corp), Investor Rights Agreement (Entravision Communications Corp), Investor Rights 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 (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
Sources: Investors' Rights Agreement (Open Solutions Inc), Investors' Rights Agreement (Open Solutions Inc), Investors' Rights Agreement (Open Solutions Inc)
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 5 contracts
Sources: License Agreement (Aligos Therapeutics, Inc.), Note Purchase Agreement, 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 5 contracts
Sources: Note Purchase Agreement, Note Purchase Agreement (Soliton, Inc.), Note Purchase Agreement (Soliton, 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
Sources: Investors’ Rights Agreement (Vital Therapies Inc), Investors’ Rights Agreement (Vital Therapies Inc), Note Purchase Agreement (China Broadband Inc)
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
Sources: 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 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
Sources: Warrant Agreement (Mobility Electronics Inc), Warrant Agreement (Mobility Electronics Inc), Warrant 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 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
Sources: Note Purchase Agreement (Mountains West Exploration Inc), Bridge Note Purchase Agreement (Capital Growth Systems Inc /Fl/), Bridge Note Purchase Agreement (Capital Growth Systems Inc /Fl/)
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
Sources: 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
Sources: Investors' Rights Agreement (Replaytv Inc), Investors' Rights Agreement (Altiris 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
Sources: 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 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 4 contracts
Sources: Policy Agreement, Policy Agreement (Netshoes (Cayman) Ltd.), Policy Agreement (Netshoes (Cayman) Ltd.)
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
Sources: 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 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
Sources: 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 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 3 contracts
Sources: Note (Banzai International, Inc.), Note Agreement (Banzai International, Inc.), Note Agreement (Banzai International, 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
Sources: Securities Purchase Agreement (Asi Technology Corp), Warrant and Common Stock Purchase Agreement (Enova Systems Inc), Securities Purchase Agreement (Asi Technology 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 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
Sources: Stock Purchase Agreement (Patriot Financial Partners Iii, L.P.), Stock Purchase Agreement (Carpenter Community BancFund-A, L.P.), 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 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
Sources: Agreement and Plan of Merger (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
Sources: Investor Rights Agreement (Advanced Tissue Sciences Inc), Registration Rights Agreement (Iteris Inc), Investors' Rights Agreement (Inflow 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
Sources: 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 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
Sources: Note Purchase Agreement (Health Partnership Inc.), Note and Warrant Purchase Agreement (BioVex Group, Inc.), Note Purchase Agreement (Health Partnership 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 cost and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Sources: Registration Rights Agreement (Crusader Capital Partners II LLC), Investors' Rights Agreement (Mobility Electronics Inc), Investor's Rights Agreement (Mobility Electronics 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
Sources: 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 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
Sources: 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’ 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
Sources: Resale and Voting Agreement (American Vantage Companies), Resale and Voting Agreement (Genius Products Inc), Resale Agreement (Genius Products 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 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
Sources: Executive Employment Agreement (C&J Energy Services, Inc.), Employment Agreement (Overhill Farms 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 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
Sources: Registration Rights Agreement (Exogen Inc), License Agreement (Fischer Imaging Corp)
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
Sources: 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 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
Sources: Affiliate Agreement (Pinnacor Inc), Affiliate 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’ attorneys= fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Sources: 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
Sources: Investors' Rights Agreement (Amerigon Inc), Investors' Rights Agreement (Amerigon Inc)
Expenses. If any action 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
Sources: Securities Purchase Agreement, Securities Purchase Agreement (Capstone Therapeutics Corp.)
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
Sources: Investors' Rights Agreement (Home Solutions of America Inc), Investor's Rights Agreement (Find SVP 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
Sources: Investor Rights Agreement (China Mass Media International Advertising Corp.), Investor Rights Agreement (China Mass Media International Advertising 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 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
Sources: Shareholder 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 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 2 contracts
Sources: Investor's Rights Agreement, Investor'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 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
Sources: 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 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
Sources: 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
Sources: 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, expenses and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Sources: Registration Rights Agreement (Vintage Capital Group, LLC), Registration Rights 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 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
Sources: Registration Rights Agreement (Consumer Direct of America), Common Stock Purchase 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
Sources: 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 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
Sources: 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 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
Sources: Joinder 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 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
Sources: 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 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
Sources: Investors' Rights Agreement (Amerigon Inc), Investors' 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’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Sources: Investors' Rights Agreement (Printcafe Software Inc), Investors' Rights Agreement (Printcafe 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 each party may be entitled.
Appears in 2 contracts
Sources: 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 and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Sources: Stockholder Rights Agreement, 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 AgreementAgreement or the Restated Articles, 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
Sources: Series B Preferred Stock Purchase Agreement (Vista Medical Technologies Inc)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Co-Sale 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
Sources: Co Sale Agreement (Combimatrix 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 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 1 contract
Sources: Employment Agreement (Inergy L P)
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 (before and at trial and at all appellate levels) in addition to any other remedy or relief to which such party may be entitled.
Appears in 1 contract
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
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.. 开支 如需启动法律诉讼或平衡法执行或释义本协议条款,除应得救济外,胜诉方还应有权获得合理金额的律师费用、成本和必要开销。
Appears in 1 contract
Sources: Voting Agreement (Mu Hongwei)
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, or the other agreements contemplated by the Stock Purchase 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
Sources: Investor Rights Agreement (JE Castings Investments 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’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Company 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
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 Lender will bear their own legal and other expenses with respect to the transactions contemplated by this Agreement.
Appears in 1 contract
Sources: 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 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
Sources: 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
Sources: 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’ 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
Sources: Exchange Agreement (Firsthand Technology Value Fund, Inc.)
Expenses. If any action at law or in equity is necessary ▇▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇ ▇ecessary 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
Sources: 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. 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
Sources: 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 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
Sources: 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’ legal fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or 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 1 contract
Sources: Note Purchase and Security Agreement (GBS Enterprises 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 incurred in connection with such enforcement in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Sources: Registration Rights, Lock Up and Standstill Agreement (Ucbh 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’ ' fees, costs costs, expenses and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
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
Sources: Note Purchase Agreement (Guardion Health Sciences, Inc.)
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 1 contract
Sources: Exclusive Channel Collaboration Agreement (Carisma 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 shall be entitled to seek reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement or the Convertible Subordinated Promissory Note Agreement, the substantially 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