Certain Expenses. The Company shall pay on demand all expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 13 contracts
Samples: Onstream Media CORP, Onstream Media CORP, Onstream Media CORP
Certain Expenses. The Company shall pay on demand all expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 4 contracts
Samples: Purchase Agreement (Viragen Inc), Omni Medical Holdings Inc, Direct Insite Corp
Certain Expenses. The Company shall pay on demand all expenses incurred by the Holder, including reasonable attorneys' ’ fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 4 contracts
Samples: Note Purchase Agreement (Emagin Corp), Berliner Communications Inc, Berliner Communications Inc
Certain Expenses. The Company shall pay on demand all expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment amendment, modification, waiver or waiver of consent relating to this Note or any other Transaction DocumentNote, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 3 contracts
Samples: Willis Group LLC, Equalnet Communications Corp, Equalnet Communications Corp
Certain Expenses. The Company shall pay on demand all reasonable out-of-pocket expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 2 contracts
Samples: Purchase Agreement (Zix Corp), Zix Corp
Certain Expenses. The Company shall pay on demand all reasonable out-of-pocket expenses incurred by the Holder, including reasonable attorneys' ’ fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 2 contracts
Samples: Purchase Agreement (Zix Corp), Insmed Inc
Certain Expenses. The Company shall pay on demand all expenses ---------------- incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 2 contracts
Samples: Note Purchase Agreement (Cephalon Inc), Note Purchase Agreement (Cephalon Inc)
Certain Expenses. The Company shall pay on demand all expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with with, (x) the negotiation, preparation or execution of any amendment or waiver modification of this Note or any other the Transaction DocumentDocuments, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the HolderHolder in which the Holder prevails.
Appears in 2 contracts
Samples: Transmedia Asia Pacific Inc, Transmedia Asia Pacific Inc
Certain Expenses. The Company shall pay on demand all ----------------- expenses incurred by the Holder, including reasonable attorneys' fees and expenses, as a consequence of, or in connection with (x) any amendment or waiver of this Note or any other Transaction Document, (y) any default or breach of any of the Company’s 's obligations set forth in the Transaction Documents and (z) the enforcement or restructuring of any right of, including the collection of any payments due, the Holder under the Transaction Documents, including any action or proceeding relating to such enforcement or any order, injunction or other process seeking to restrain the Company from paying any amount due the Holder.
Appears in 2 contracts
Samples: Note Purchase Agreement (Dwango North America Corp), Note Purchase Agreement (Dwango North America Corp)