Prevailing Party. If there shall occur any dispute or proceeding among the parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing party shall pay all reasonable costs and expenses (including reasonable attorneys’ fees and expenses) of the prevailing party.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Duckhorn Portfolio, Inc.), Stock Purchase Agreement (TreeHouse Foods, Inc.), Share Purchase Agreement (Avino Silver & Gold Mines LTD)
Prevailing Party. If there shall occur any dispute or proceeding among between the parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing party shall pay all reasonable costs and expenses fees (including reasonable attorneys’ fees and expenses) of the prevailing party.
Appears in 5 contracts
Samples: Share Purchase Agreement (Akumin Inc.), Share Purchase Agreement, Equity Purchase Agreement (Almost Family Inc)
Prevailing Party. If there shall occur In the event of any dispute or proceeding among the parties relating hereto with respect to any of the terms or provisions of this Agreement or the transactions contemplated herebyAgreement, the non-prevailing party shall pay or reimburse the prevailing party for all reasonable costs fees and expenses (incurred with respect thereto, including reasonable without limitation any legal and attorneys’ fees and expenses) of expenses incurred by the prevailing partyparty in connection therewith.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Gray Fox Petroleum Corp.), Release Agreement (Home Solutions of America Inc), Stock Purchase Agreement (Home Solutions of America Inc)
Prevailing Party. If there shall occur In the event of any dispute or proceeding among the parties relating hereto with respect to any of the terms or provisions of this Agreement or the transactions contemplated herebyAgreement, the non-prevailing party shall pay or reimburse the prevailing party for all reasonable costs fees and expenses (incurred with respect thereto, including reasonable attorneys’ without limitation any legal and attorneys fees and expenses) of expenses incurred by the prevailing partyparty in connection therewith.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Curry Gold Corp), Stock Purchase Agreement (Decorize Inc), Stock Purchase Agreement (Decorize Inc)
Prevailing Party. If there shall occur any dispute or proceeding among the parties Parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing party Party shall pay all reasonable costs and expenses (including reasonable attorneys’ fees and expenses) of the prevailing partyParty.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Assertio Therapeutics, Inc), Asset Purchase Agreement (Collegium Pharmaceutical, Inc), Asset Purchase Agreement (Assertio Therapeutics, Inc)
Prevailing Party. If there shall occur In the event of any dispute or proceeding among the parties relating hereto with respect to any of the terms or provisions of this Agreement or the transactions contemplated herebyAgreement, the non-prevailing party shall pay or reimburse the prevailing party for all reasonable costs fees and expenses (including incurred with respect thereto, including, without limitation, reasonable legal and attorneys’ fees and expenses) of expenses incurred by the prevailing partyparty in connection therewith.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ferris Daniel M.), Note Repayment Agreement (Ferris Daniel M.)
Prevailing Party. If Other than as contemplated in Section 2.3, Section 7.5 or Section 10.3, if there shall occur any dispute or proceeding among the parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing party shall pay all reasonable costs and expenses (including reasonable attorneys’ fees and expenses) of the prevailing party.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Clearway Energy, Inc.)
Prevailing Party. If there shall occur any dispute or proceeding Action among the parties Parties or their Affiliates relating to this Agreement or the transactions contemplated hereby, the non-prevailing party Party shall pay all reasonable costs and expenses (including reasonable attorneys’ fees and expenses) of the prevailing party.Party. 115
Appears in 1 contract
Prevailing Party. If there shall occur any dispute or proceeding among the parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing party shall pay all reasonable costs and expenses (including reasonable attorneys’ fees and expensesexpense) of the prevailing party. Section 10.21 [***]. [The remainder of this page is intentionally left blank.]
Appears in 1 contract
Samples: Asset Purchase Agreement (Atara Biotherapeutics, Inc.)
Prevailing Party. If there shall occur any dispute or proceeding among between the parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing non‑prevailing party shall pay all reasonable costs and expenses fees (including reasonable attorneys’ fees and expenses) of the prevailing party.
Appears in 1 contract
Samples: Agreement and Plan of Merger (U.S. Silica Holdings, Inc.)
Prevailing Party. If there shall occur any dispute or proceeding among between the parties Parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing party Party shall pay all reasonable costs and expenses fees (including reasonable attorneys’ ' fees and expenses) of the prevailing partyParty.
Appears in 1 contract
Prevailing Party. If Unless otherwise expressly provided herein, if there shall occur any dispute or proceeding among between the parties Parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing party Party shall pay all reasonable costs and expenses fees (including reasonable attorneys’ fees and expenses) of the prevailing partyParty.
Appears in 1 contract
Prevailing Party. If there shall occur any dispute or proceeding among the parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing party shall pay all reasonable costs and expenses (including reasonable attorneys’ fees and expenses) of the prevailing partyparty related to such dispute or proceeding. [The remainder of this page is intentionally left blank.]
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Blueknight Energy Partners, L.P.)
Prevailing Party. If Except as contemplated by Sections 1.05 and 11.01(a), if there shall occur any dispute or proceeding among between the parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing non‑prevailing party shall pay all reasonable costs and expenses fees (including reasonable attorneys’ ' fees and expenses) of the prevailing party.
Appears in 1 contract
Prevailing Party. If Unless otherwise expressly provided herein, if there shall occur any dispute or proceeding among between any of the parties Parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing party Party shall pay all reasonable costs and expenses fees (including reasonable attorneys’ fees and expenses) of the prevailing partyParty.
Appears in 1 contract
Prevailing Party. If there shall occur any dispute or proceeding among the parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing nonprevailing party shall pay all reasonable costs and expenses (including reasonable attorneys’ fees and expenses) of the prevailing party.
Appears in 1 contract
Prevailing Party. If there shall occur any dispute or proceeding among between the parties relating to this Agreement or the transactions contemplated hereby, the non-prevailing non‑prevailing party shall pay all reasonable costs and expenses fees (including reasonable attorneys’ ' fees and expenses) of the prevailing party and the prevailing party's share of the Arbitrator's and administrative fees paid in connection with the arbitration proceeding, if applicable.
Appears in 1 contract
Samples: Membership Unit Purchase Agreement (U.S. Silica Holdings, Inc.)
