Common use of Remedies at Law or in Equity Clause in Contracts

Remedies at Law or in Equity. If either party hereto shall default in any of its obligations under this Agreement or if any representation or warranty made by or on behalf of it in this Agreement or in any certificate, report or other instrument delivered by it under or pursuant to any term hereof shall be untrue or misleading in any material respect as of the date of this Agreement or as of the Closing Date or as of the date it was made, furnished or delivered, the other party may proceed to protect and enforce its rights by suit in equity or action at law, whether for the specific performance of any term contained in this Agreement or the Certificate of Designation, injunction against the breach of any such term or in furtherance of the exercise of any power granted in this Agreement or the Certificate of Designation, or to enforce any other legal or equitable right of such party or to take any one of more of such actions. In the event either party brings such an action against the other, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses enforcing any right of such prevailing party under or with respect to this Agreement or the Certificate of Designation, including without limitation such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.

Remedies at Law or in Equity. If either party hereto the Company shall default in any of its obligations under this Agreement or if any representation or warranty made by or on behalf of it the Company in this Agreement or in any certificate, report or other instrument delivered by it under or pursuant to any term hereof shall be untrue or misleading in any material respect as of the date of this Agreement or as of the an applicable Closing Date or as of the date it was made, furnished or delivered, the other party Investors may proceed to protect and enforce its their rights by suit in equity or action at law, whether for the specific performance of any term contained in this Agreement or the Certificate of DesignationRestated Certificate, injunction against the breach of any such term or in furtherance of the exercise of any power granted in this Agreement or the Certificate of DesignationRestated Certificate, or to enforce any other legal or equitable right of such party Investors or to take any one of or more of such actions. In the event either party brings the Investors bring such an action against the otherCompany, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement or the Certificate of DesignationRestated Certificate, including without limitation such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.