Attorneys’ Fees and Expenses, and Service Awards Sample Clauses

Attorneys’ Fees and Expenses, and Service Awards. 1. Class Counsel will apply to the Court for, and Apple will not oppose, service awards for named Plaintiffs of up $3,000 each. The Service Award is not a measure of damages, but instead solely an award for the Class Representatives’ services, time and effort on behalf of the members of the Settlement Class. Service awards approved by the Court shall be paid from the Settlement Fund. Class Counsel shall provide Form W-9s for the Named Plaintiffs receiving a Service Award, and for Class Counsel, within 5 days after the Effective Date. The Settlement Administrator shall distribute the Service Awards to accounts specified by Class Counsel no later than 15 days after the later of the Effective Date or the receipt of the Named Plaintiffs’ Form W- 9s. This Settlement is not conditioned upon the Court awarding the amounts sought by the Class Representatives as a Service Award. If the amounts awarded by the Court are less than what was sought by the Class Representatives, the remaining provisions of this Settlement Agreement shall be binding and effective.
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Attorneys’ Fees and Expenses, and Service Awards. 7.1. Class Counsel intend to seek an award of their attorneys’ fees in an amount not to exceed 29% of the Gross Settlement Amount, plus all reasonable litigation costs and expenses advanced and carried by Class Counsel for the duration of this Action, both of which shall be recovered from the Gross Settlement Amount (“Attorneys’ Fees and Expenses”). Class Counsel also intend to seek Service Awards, in an amount not to exceed $15,000 per Class Representative which shall be recovered from the Gross Settlement Amount.
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Attorneys’ Fees and Expenses, and Service Awards. Defendants agree not to oppose an application for the award of Attorneys’ Fees and Expenses in this Action not to exceed seven hundred and fifty thousand dollars ($750,000.00). Defendants also agree not to oppose the application for a Service Award of $7,500.00 for each Named Plaintiff for their work and assistance in this Action. Class Counsel shall file their motion requesting these awards no later than two weeks before the Final Approval Hearing.
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Attorneys’ Fees and Expenses, and Service Awards. 18.1. The Parties, with the assistance of the Settlement Mediator, will attempt to reach agreement on the amount of attorneys’ fees and costs that Settlement Class Counsel will seek from the Court and which the Philips Defendants will not oppose. If the Parties reach agreement, Settlement Class Counsel will submit the negotiated amount to the Court for approval, either as part of, or subsequent to, the Final Fairness Hearing, and the Philips Defendants will not oppose the application of Settlement Class Counsel. If the Parties do not reach agreement, the Parties will litigate the matter, and each Party will present its respective position to the Court for determination. In that event, the determination of the fee and cost issues will be subject to the Parties’ agreement that: (1) the attorneys’ fees and costs will be paid by, or on behalf of, the Philips Defendants in addition to the compensation provided to Settlement Class Members under this Settlement; (2) any award of attorneys’ fees or costs shall not diminish the recovery of Settlement Class Members under the Settlement; (3) while fees will be based on the percentage of recovery methodology, with a lodestar cross-check, the Parties reserve all arguments as to how that recovery should be calculated, what the percentage should be, and the extent to which Settlement Class Counsel’s prosecution of the Economic Loss Claims caused some or all of the recovery; and (4) the Parties shall have the right to appeal the Court’s determination as to the amount of attorneys’ fees and costs. Settlement Class Counsel represent they will not seek an award of attorneys’ fees in excess of $175,000,000, which Settlement Class Counsel contend represents a fair percentage of the value of the Settlement in terms of cash recoveries and other benefits to the Settlement Class. The Philips Defendants fully reserve the right to challenge that amount, any percentage upon which it is based, and the items comprising the claimed value of the Settlement. Settlement Class Counsel’s motion for attorneys’ fees and costs will be due 30 days before the Opt-Out/Objection Deadline, and the deadline for the motion will be provided in the Notice. Settlement Class Members shall have the opportunity to submit objections.
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Attorneys’ Fees and Expenses, and Service Awards. 65. Plaintiffs’ Counsel will ask the Court to approve, and Lincare will not oppose, service awards not to exceed $1,000 for each Settlement Class Representative, which are intended to compensate such individuals for their efforts in the Litigation and commitment on behalf of the Settlement Class (“Service Awards”). Any Service Awards approved shall be paid by Lincare separate from and in addition to Lincare’s funding of the Settlement Fund, as provided for in Paragraph 34, above, and funds paid by Lincare to provide Credit and Identity Monitoring and Protection services as additional relief to Settlement Class Members, as provided for in Paragraph 35, above. Any Service Awards approved shall be payable consistent with the timing for paying the Fee and Expense Award, as described in Paragraph 67.
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Attorneys’ Fees and Expenses, and Service Awards. As additional consideration for the dismissal of the Action with prejudice on the merits and entry of the Release, the Settlement Administrator will pay or cause to be paid from the Fund any Attorneys’ Fees and Expenses and Service Awards that may be awarded by the Court, subject to the terms, conditions, and maximum amount limitations set forth in this Agreement. The Attorneys’ Fees and Expenses and Services Awards shall be paid on the same schedule as the Class Member benefit payments.
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Attorneys’ Fees and Expenses, and Service Awards. 58. The Parties did not discuss the payment of attorneys’ fees, costs, expenses, and/or service awards to Plaintiffs until after the substantive terms of the settlement had been agreed upon, other than discussing that Mediant would separately pay reasonable attorneys’ fees, costs, expenses, and service awards to Plaintiffs as may be ordered by the Court. Mediant and Class Counsel then negotiated and agreed to the provision described in Paragraphs 59–60.
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Attorneys’ Fees and Expenses, and Service Awards. Class Counsel shall file their motion requesting Class Counsel Attorneys’ Fees and Class Counsel Litigation Expenses and Service Awards for each of the Settlement Class Representatives no more than thirty (30) days after the Initial Mailing Date of the Notice.
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Attorneys’ Fees and Expenses, and Service Awards 
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Related to Attorneys’ Fees and Expenses, and Service Awards

  • Attorneys’ Fees and Expenses Evidence that the costs and expenses (including reasonable attorneys’ fees) referred to in Section 12.1, to the extent invoiced, shall have been paid in full by Borrower;

  • Agreement to Pay Attorneys’ Fees and Expenses In the event the Company should default under any of the provisions of this Lease Agreement and the Agency should employ attorneys or incur other expenses for the collection of amounts payable hereunder or the enforcement of performance or observance of any obligations or agreements on the part of the Company herein contained, the Company shall, on demand therefor, pay to the Agency the reasonable fees of such attorneys and such other expenses so incurred.

  • Attorneys’ Fees and Costs If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.

  • ATTORNEYS’ FEES AND LITIGATION EXPENSES 16. Lead Counsel will apply to the Court for a collective award of attorneys’ fees to Plaintiffs’ Counsel to be paid solely from (and out of) the Settlement Fund. Lead Counsel also will apply to the Court for payment or reimbursement of Litigation Expenses, which may include a request for reimbursement of Lead Plaintiff’s costs and expenses directly related to its representation of the Settlement Class, to be paid solely from (and out of) the Settlement Fund. Lead Counsel’s application for an award of attorneys’ fees and/or Litigation Expenses is not the subject of any agreement between Defendants and Lead Plaintiff other than what is set forth in this Stipulation.

  • Costs, Fees and Expenses Except as otherwise specifically provided herein, each party hereto agrees to pay all costs, fees and expenses which it has incurred in connection with or incidental to the matters contained in this Agreement, including without limitation any fees and disbursements to its accountants and counsel; provided, that the Assuming Institution shall pay all fees, costs and expenses (other than attorneys' fees incurred by the Receiver) incurred in connection with the transfer to it of any Assets or Liabilities Assumed hereunder or in accordance herewith.

  • Costs, Expenses and Attorneys’ Fees Borrower shall pay to Bank immediately upon demand the full amount of all payments, advances, charges, costs and expenses, including reasonable attorneys' fees (to include outside counsel fees and all allocated costs of Bank's in-house counsel), expended or incurred by Bank in connection with (a) the negotiation and preparation of this Agreement and the other Loan Documents, Bank's continued administration hereof and thereof, and the preparation of any amendments and waivers hereto and thereto, (b) the enforcement of Bank's rights and/or the collection of any amounts which become due to Bank under any of the Loan Documents, and (c) the prosecution or defense of any action in any way related to any of the Loan Documents, including without limitation, any action for declaratory relief, whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any adversary proceeding, contested matter or motion brought by Bank or any other person) relating to any Borrower or any other person or entity.

  • ATTORNEYS’ FEES, COSTS, AND EXPENSES In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

  • A ttorney’s Fees If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

  • Attorneys’ Fees In the event of any dispute between the parties concerning the terms and provisions of this Warrant, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

  • Payment of Fees and Expenses Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as specified in this Agreement or any Related Document.

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