Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 94 contracts
Samples: Loan and Security Agreement (Depomed Inc), Peninsula Acquisition Corp, Metabasis Therapeutics Inc
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this WarrantAgreement, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this WarrantAgreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 62 contracts
Samples: Stock Option Agreement (Xsunx Inc), Stock Option Agreement (Xsunx Inc), Consulting and Advisory Agreement (Xsunx Inc)
Recovery of Litigation Costs. If any legal action or other proceeding ---------------------------- is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 14 contracts
Samples: Intercreditor Agreement (Corsair Communications Inc), Loan Agrloan and Security Agreement (Pilot Network Services Inc), Loan and Security Agreement (Corsair Communications Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this WarrantAgreement or any agreement or instrument delivered under or in connection with this Agreement, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this WarrantAgreement, the successful or prevailing party Party or parties Parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 11 contracts
Samples: Director Agreement (Immudyne, Inc.), Director Agreement (Immudyne, Inc.), Director Agreement (Immudyne, Inc.)
Recovery of Litigation Costs. If any legal or equitable action or any arbitration or other proceeding is brought for the enforcement or interpretation of this WarrantAgreement, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this WarrantAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that such action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Coyote Resources, Inc.), Stock Purchase Agreement (Bonanza Goldfield Corp.), Stock Purchase Agreement (Coyote Resources, Inc.)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrantwarrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrantwarrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' ’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 8 contracts
Samples: Common Stock and Warrant Purchase Agreement (Ats Medical Inc), Security Agreement (Ats Medical Inc), Subordinated Security Agreement (Ats Medical Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this WarrantAgreement, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this WarrantAgreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 8 contracts
Samples: Employment Agreement (Xsunx Inc), Employment Agreement (Xsunx Inc), Employment Agreement (Xsunx Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this WarrantAgreement or any agreement or instrument delivered under or in connection with this Agreement, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this WarrantAgreement, the successful or prevailing party Party or parties Parties shall be entitled to recover reasonable attorneys' ’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 7 contracts
Samples: Director Agreement (Immudyne, Inc.), Employment Agreement (Conversion Labs, Inc.), Employment Agreement (Immudyne, Inc.)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Warrantagreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrantagreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 5 contracts
Samples: Agreement of Purchase and Sale (Meadowbrook Rehabilitation Group Inc), Stock Purchase Agreement (Majestic Companies LTD), Asset Purchase Agreement (Ivi Communications Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 4 contracts
Samples: Common Stock Warrant Agreement (Lendingtree Inc), Skydesk Inc, Global Election Systems Inc
Recovery of Litigation Costs. If any legal action or other ---------------------------- proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 4 contracts
Samples: Warrant Purchase and Equity Rights Agreement (Tivo Inc), Corsair Communications Inc, Xenogen Corp
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs reasonably incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 4 contracts
Samples: Acusphere Inc, Acusphere Inc, Acusphere Inc
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this WarrantAgreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this WarrantAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 3 contracts
Samples: Engagement Agreement (Surge Global Energy, Inc.), Asset Purchase Agreement (Streamlogic Corp), Agreement for Purchase and Sale (Colmena Corp)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, proceeding in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Exelixis Inc
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' ’ fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Intarcia Therapeutics, Inc
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred inclined in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Egenera, Inc.
Recovery of Litigation Costs. If any legal action or any arbitration ---------------------------- or other proceeding is brought for the enforcement of this WarrantPlan, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this WarrantPlan, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Colo Com
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Omm Inc
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or of prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Egenera, Inc.
Recovery of Litigation Costs. If any legal action or other proceeding is successfully brought by the Holder for the enforcement of this Warrant, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties Holder shall be entitled to recover reasonable attorneys' ’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitledentitled if successful in any enforcement action or upon any settlement entered into by the parties hereto.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrantwarrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Enphase Energy, Inc.
