Common use of Attorneys’ Fees and Cost of Collection Clause in Contracts

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 Purchase Price: $ 250,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Chief Executive Officer THE BUYER: Black Mountain Equities, Inc. By: /s/ Xxxx Xxxxx Xxxx Xxxxx President EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (Airborne Wireless Network)

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Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 50,000.00 Purchase Price: $ 250,000.00 50,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network INNOVUS PHARMACEUTICALS, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxx Xxxxxx Xxxxx, PhD Chief Executive Officer THE BUYER: Black Mountain EquitiesVISTA CAPITAL INVESTMENTS, Inc. LLC By: /s/ Xxxx Xxxxx Xxxx X. Xxxxx President Xxxxx X. Xxxxx Principal EXHIBIT A NOTE EXHIBIT BNOTE

Appears in 1 contract

Samples: Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documentsagreement delivered in connection herewith, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 275,000.00 Purchase Price: $ 250,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network BIOCORRX INC. By: /s/ Name: Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Xxxxx Title: Chief Executive Financial Officer THE BUYER: Black Mountain EquitiesVista Capital Investments, Inc. LLC By: /s/ Xxxx Name: Xxxxx Xxxx Xxxxx Title: President EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (BioCorRx Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 55,000.00 Purchase Price: $ 250,000.00 50,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network INNOVUS PHARMACEUTICALS, INC. By: /s/ Xxxxxxx Xx. Xxxxxx Xxxxx Xx. Xxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Damaj, Ph.D. Chief Executive Officer THE BUYER: Black Mountain Equities, Inc. XXXXXXXX XXXXXX By: /s/ Xxxx Xxxxx Xxxx Xxxxx President Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxx EXHIBIT A NOTE EXHIBIT BB WARRANT

Appears in 1 contract

Samples: Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 38,500.00 Purchase Price: $ 250,000.00 35,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network Arkados Group, Inc. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Mx. Xxxxxxxx XxXxxxxx Mx. Xxxxxxxx XxXxxxxx Chief Executive Officer THE BUYER: Black Mountain Equities, Inc. Lxxxx Xxxxxx By: /s/ Xxxx Xxxxx Xxxx Xxxxx President Lxxxx Xxxxxx EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (Arkados Group, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 105,000.00 Purchase Price: $ 250,000.00 100,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network ProGreen US, Inc. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Xxx Xxxxxxxx Xx. Xxx Xxxxxxxx Chief Executive Officer THE BUYER: Black Mountain Equities, Inc. Xxxxx Xxxxxx By: /s/ Xxxx Xxxxx Xxxx Xxxxx President Xxxxxx EXHIBIT A NOTE EXHIBIT BB WARRANT

Appears in 1 contract

Samples: Securities Purchase Agreement (Progreen US, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 220,000.00 Purchase Price: $ 250,000.00 100,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network WINDSTREAM TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Chief Executive Officer Dxxxxx Xxxxx Dxxxxx Xxxxx, CEO THE BUYER: Black Mountain EquitiesVISTA CAPITAL INVESTMENTS, Inc. LLC By: /s/ Xxxx Dxxxx X. Xxxxx Xxxx Xxxxx Dxxxx X. Xxxxx, President EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (Windstream Technologies, Inc.)

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Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 38,500.00 Purchase Price: $ 250,000.00 35,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network Arkados Group, Inc. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Txxxxxxx XxXxxxxx Mx. Xxxxxxxx XxXxxxxx Chief Executive Officer THE BUYER: Black Mountain Equities, Inc. Lxxxx Xxxxxx By: /s/ Xxxx Xxxxx Xxxx Xxxxx President Lxxxx Xxxxxx EXHIBIT A NOTE EXHIBIT BNOTE

Appears in 1 contract

Samples: Securities Purchase Agreement (Arkados Group, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys' fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s 's power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 220,000.00 Purchase Price: $ 250,000.00 200,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network PURA NATURALS, INC. By: /s/ Xxxxxxx X. :________________________________ Xxxxxx Xxxxxxx X. Xxxxxx Chief Executive Officer THE BUYER: Black Mountain EquitiesVISTA CAPITAL INVESTMENTS, Inc. LLC By: /s/ Xxxx :_________________________________ Xxxxx Xxxx X. Xxxxx President Principal EXHIBIT A NOTE EXHIBIT BNOTE

Appears in 1 contract

Samples: Securities Purchase Agreement (Pura Naturals, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 110,000.00 Purchase Price: $ 250,000.00 100,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network INNOVUS PHARMACEUTICALS, INC. By: /s/ Xxxxxxx Xx. Xxxxxx X. Damaj, Ph.D. Xx. Xxxxxx Xxxxxxx X. Xxxxxx Damaj, Ph.D. Chief Executive Officer THE BUYER: Black Mountain EquitiesVISTA CAPITAL INVESTMENTS, Inc. LLC By: /s/ Xxxx Xxxxx Xxxx X. Xxxxx President Xxxxx X. Xxxxx Principal EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.)

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 287,500.00 86,250.00 Purchase Price: $ 250,000.00 75,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Airborne Wireless Network By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Chief Executive Officer THE BUYER: Black Mountain Equities, Inc. Xxxxx Xxxxxx By: /s/ Xxxx Xxxxx Xxxx Xxxxx President Xxxxxx EXHIBIT A NOTE EXHIBIT B

Appears in 1 contract

Samples: Securities Purchase Agreement (Airborne Wireless Network)

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