Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of the parties shall operate as a waiver of such right or otherwise prejudice the parties' rights, powers or remedies. If the Company fails to comply with any provision of this Warrant, the Company shall pay to the holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys' fees incurred by the holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.
Appears in 26 contracts
Samples: Preferred Stock Purchase Agreement (Aames Financial Corp/De), Management Investment Agreement (Capital Z Financial Services Fund Ii Lp), Management Investment Agreement (Capital Z Financial Services Fund Ii Lp)
Nonwaiver and Expenses. No course of dealing or any delay ---------------------- or failure to exercise any right hereunder on the part of the parties shall operate as a waiver of such right or otherwise prejudice the parties' rights, powers or remedies. If the Company fails to comply with any provision of this Warrant, the Company shall pay to the holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys' fees incurred by the holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Capital Z Financial Services Fund Ii Lp), Preferred Stock Purchase Agreement (Capital Z Financial Services Fund Ii Lp), Preferred Stock Purchase Agreement (Capital Z Financial Services Fund Ii Lp)
Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of the parties any party shall operate as a waiver of such right or otherwise prejudice the parties' such party's rights, powers or remedies. If the Company willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the Holder, the Company shall pay to the holder Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys' fees fees, including those of appellate proceedings, incurred by the holder Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Pro Net Link Corp), Common Stock Purchase Agreement (Pro Net Link Corp), Stock Purchase Warrant (Pro Net Link Corp)
