Recovery of Fees by Prevailing Party. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the Party which does not prevail in such litigation, as determined by the court in a final Judgment, shall pay to the prevailing Party all costs, expenses and attorneys’ fees incurred by the prevailing Party, including such costs, expenses and fees of any appeals. If the prevailing Party shall recover Judgment in any Action, its costs, expenses and attorneys’ fees shall be included as part of such Judgment.
Appears in 4 contracts
Samples: Recapitalization and Equity Purchase Agreement (United States Steel Corp), Stock and Asset Purchase Agreement (Stanley Black & Decker, Inc.), Stock and Asset Purchase Agreement (Newell Brands Inc)
Recovery of Fees by Prevailing Party. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the Party which does not prevail in such litigation, as determined by the court in a final Judgmentjudgment or decree, shall pay to the prevailing Party all costs, expenses and reasonable attorneys’ fees incurred by the prevailing Party, including such costs, expenses and fees of any appeals. If the prevailing Party shall recover Judgment judgment in any Actionaction or proceeding, its costs, expenses and attorneys’ fees shall be included as part of such Judgmentjudgment.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Elite Education Group International LTD), Asset Purchase Agreement (iCoreConnect Inc.), Stock Purchase Agreement (Franklin Electric Co Inc)
Recovery of Fees by Prevailing Party. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the Party party which does not prevail in such litigation, as determined by the court in a final Judgmentjudgment or decree, shall pay to the prevailing Party party all costs, expenses and reasonable attorneys’ fees incurred by the prevailing Partyparty, including such costs, expenses and fees of any appeals. If the prevailing Party party shall recover Judgment judgment in any Actionaction or proceeding, its costs, expenses and reasonable attorneys’ fees shall be included as part of such Judgmentjudgment.
Appears in 2 contracts
Samples: Membership Interests Purchase Agreement (Pinnacle Entertainment Inc.), Membership Interests Purchase Agreement (PNK Entertainment, Inc.)
Recovery of Fees by Prevailing Party. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the Party party which does not prevail in such litigation, as determined by the court in a final Judgmentjudgment or decree, shall pay to the prevailing Party party all costs, expenses and attorneys’ fees incurred by the prevailing Partyparty, including such costs, expenses and fees of any appeals. If the prevailing Party party shall recover Judgment judgment in any Actionaction or proceeding, its costs, expenses and attorneys’ fees shall be included as part of such Judgmentjudgment.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Photomedex Inc), Transition Services Agreement (Ds Healthcare Group, Inc.)
Recovery of Fees by Prevailing Party. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the Party party which does not prevail in such litigation, as determined by the court in a final Judgmentjudgment or decree, shall pay to the prevailing Party party all costs, expenses and reasonable attorneys’ fees incurred by the prevailing Partyparty, including such costs, expenses and fees of any appeals. If the prevailing Party party shall recover Judgment judgment in any Actionaction or proceeding, its costs, expenses and attorneys’ fees shall be included as part of such Judgmentjudgment.
Appears in 2 contracts
Samples: Branch Purchase and Assumption Agreement (First Mid Illinois Bancshares Inc), Indemnification and Guaranty Agreement (Horizon Group Properties Inc)
Recovery of Fees by Prevailing Party. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the Party which does not prevail in such litigation, as determined by the court in a final Judgmentjudgment or decree, shall pay to the prevailing Party all costs, expenses and reasonable attorneys’ fees incurred by the prevailing Party, including such costs, expenses and fees of any appeals. If the prevailing Party shall recover Judgment judgment in any Actionaction or proceeding, its costs, expenses and reasonable attorneys’ fees shall be included as part of such Judgmentjudgment.
Appears in 1 contract
Recovery of Fees by Prevailing Party. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the Party which does not prevail in such litigation, as determined by the court in a final Judgmentjudgment or decree, shall pay to the prevailing Party all costs, expenses and reasonable attorneys’ ' fees incurred by the prevailing Party, including such costs, expenses and fees of any appeals. If the prevailing Party shall recover Judgment judgment in any Actionaction or proceeding, its costs, expenses and attorneys’ ' fees shall be included as part of such Judgmentjudgment.
Appears in 1 contract
Recovery of Fees by Prevailing Party. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the Party which that does not prevail in such litigation, as determined by the court in a final Judgmentjudgment or decree, shall pay to the prevailing Party all costs, expenses and reasonable attorneys’ fees incurred by the prevailing Party, including such costs, expenses and fees of any appeals. If the prevailing Party shall recover Judgment judgment in any Actionaction or proceeding, its costs, expenses and attorneys’ fees shall be included as part of such Judgmentjudgment.
Appears in 1 contract
Samples: Stock Purchase Agreement (Aar Corp)
Recovery of Fees by Prevailing Party. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the Party which does not prevail in such litigation, as determined by the court in a final Judgmentjudgment or decree, shall will pay to the prevailing Party all costs, expenses and attorneys’ fees incurred by the prevailing Party, including such costs, expenses and fees of any appeals. If the prevailing Party shall will recover Judgment judgment in any Actionaction or proceeding, its costs, expenses and attorneys’ fees shall will be included as part of such Judgmentjudgment.
Appears in 1 contract
Recovery of Fees by Prevailing Party. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the Party which does not prevail in such litigation, as determined by the court in a final Judgment, shall pay to the prevailing Party all costs, expenses and attorneys’ fees incurred by the prevailing Party, including such costs, expenses and fees of any appeals. If the prevailing Party shall recover Judgment in any Action, its costs, expenses and attorneys’ fees shall be included as part of such Judgment.. Section 11.13
Appears in 1 contract
Samples: Call Option Equity Purchase Agreement (United States Steel Corp)
