Class Counsel Award. Defendants agree not to oppose or object to any application or motion by Class Counsel for attorneys’ fees in the amount of up to thirty-three and one-third percent (33.33%) of the Total Settlement Amount. Defendants further agree not to oppose any application or motion by Class Counsel for the reimbursement of reasonable litigation costs and expenses associated with Class Counsel’s prosecution of this matter, to be paid from the Total Settlement Amount, not to exceed $933,333.33. Class Counsel shall be paid the Class Counsel Award no later than fifteen (15) days after Defendants fully fund the settlement. Any amount requested by Class Counsel for the Class Counsel Award and not granted by the Court shall return to the Net Settlement Fund and be distributed to Participating Class Members as provided in this Agreement.
Class Counsel Award. Class Counsel intend to request—and Defendant agrees 15 not to oppose—a payment from the Gross Settlement Amount for (a) attorneys’ fees in an amount up to 16 one third (33.33%) of the Gross Settlement Amount and (b) litigation costs incurred in litigating this 17 Action not to exceed $20,000.
Class Counsel Award. Class Counsel shall file an application or motion for attorneys’ fees not to exceed one-third (33.33%) of the Gross Settlement Fund ($200,000.00). Additionally, Class Counsel shall file an application or motion for, and Class Counsel shall not seek or receive an amount in excess of, $12,000.00 from the Gross Settlement Fund for all past and future Litigation costs and expenses necessary to prosecute, settle and administer the Action as supported by a declaration from Class Counsel. The Parties agree that any and all claims for reasonable attorneys’ fees and costs have been settled by this Agreement and that neither Plaintiffs, Settlement Class Members, nor Class Counsel shall seek payment of attorneys’ fees or reimbursement of costs/expenses from Defendant except as set forth in this Agreement. Any portion of the requested Class Counsel Award that is not awarded to Class Counsel shall be part of the Net Settlement Amount and shall be distributed to Settlement Class Members as provided in this Agreement. The Settlement Administrator shall pay the Class Counsel Award to Class Counsel from the Gross Settlement Fund after the final installment payment is made. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the payment made pursuant to this paragraph. The Settlement Administrator shall issue an IRS Form 1099 — MISC to Class Counsel for the payments made pursuant to this paragraph. In the event that the Court reduces or does not approve the requested Class Counsel Award, Plaintiff and Class Counsel shall not have the right to revoke the Settlement, and it will remain binding.
Class Counsel Award i. In consideration for settling the Action and for all Released Claims to the Released Parties, as well as the General Release of claims by the Class Representative, Class Counsel intends to apply for an award of attorneys’ fees not to exceed one-third of the MSA, (currently $400,000 based on a MSA of $1,200,000), plus actual costs and expenses as supported by declaration not to exceed $20,000. These amounts will be issued out of the MSA.
Class Counsel Award. Defendants agree not to oppose or object to any application or motion by Class Counsel for attorneys’ fees in the amount of up to one-third of the Total Settlement Amount. Defendants further agree not to oppose any application or motion by Class Counsel for the reimbursement of reasonable litigation costs and expenses associated with Class Counsel’s prosecution of this matter, to be paid from the Total Settlement Amount, not to exceed $140,000. Class Counsel shall be paid the Class Counsel Award no later than fifteen (15) days after Defendants fully funds the settlement. Any amount requested by Class Counsel for the Class Counsel Award and not granted by the Court shall return to the Net Settlement Fund and be distributed to Participating Class Members as provided in this Agreement. Class Counsel, all, one, or some, may elect to have the Settlement Administrator, directly or indirectly, disperse all or part of his attorneys’ fees award paid to him/her in periodic payments, through a structured settlement. Class Counsel will bear any and all costs, fees, and expenses of administration for any periodic payments of such award and shall be fully responsible for any taxes, costs, liabilities, attorneys’ fees, and/or penalties resulting from any issues, claims, and/or disputes arising out of, related to, or incurred in connection with any such periodic payments, including without limitation, any such issues, claims, and/or disputes brought by the state or federal government concerning the payment of taxes thereon. Class Counsel shall indemnify, defend, and hold Defendants harmless for any and all taxes, costs, liabilities, attorneys’ fees, and/or penalties resulting from any issues, claims, and/or disputes arising out of, related to, or incurred in connection with any such periodic payments. To the extent the Court approves any award for attorneys’ fees that does not equal one-third of the Total Settlement Amount, Class Counsel retains the right to appeal the Court’s award. Should Class Counsel appeal the Court’s award, the difference between the amount awarded and the amount disputed on appeal shall be retained by the Settlement Administrator pending Class Counsel’s appeal. If Class Counsel’s appeal is unsuccessful, any funds not awarded to Class Counsel in possession of the Settlement Administrator will be added to the Net Settlement Fund for distribution to Settlement Class Members by the Settlement Administrator on a proportional basis relative to the size o...
Class Counsel Award. “Class Counsel Award” refers to the attorneys’ fees and 12 costs that the Court awards in connection with resolving the Action in accordance with this Agreement.
Class Counsel Award. Defendants agree not to oppose a Class Counsel Award of up to twenty-five percent of the Maximum Settlement Amount, subject to the Court finally approving this Settlement. It is understood by Class Counsel that the Court has final discretion in any fee award. The Settlement Administrator shall issue an IRS Form 1099 to Class Counsel reflecting the awarded attorneys’ fees, costs, and expenses. Any portion of the Class Counsel Award not awarded to Class Counsel shall be added to the Net Settlement Amount and shall be distributed to Settlement Class Members as provided in this Agreement. It is agreed that no order of the Court, including any order concerning attorneys’ fees, may alter or otherwise increase the Maximum Settlement Amount.
Class Counsel Award. Upon the entry of the Final Order pursuant to Rule 23 and Bankruptcy Rules 7023 and 9019, Class Counsel shall be entitled to an allowed general unsecured claim against the GUC Recovery Trust in the amount of $7,099,990, comprised of: (a) $6,000,000 in legal fees; and (d) $1,099,990 in legal costs (the “Class Counsel Award”).
Class Counsel Award. Class Counsel will file a motion for attorneys’ fees in the amount of up to thirty-three percent (33%) of the Gross Settlement Amount, not to exceed $132,000, and for the reimbursement of reasonable litigation costs and expenses associated with Class Counsel’s prosecution of this matter, not to exceed $18,000.00, to be paid from the Gross Settlement Amount. Class Counsel shall be paid the Class Counsel Award no later than fifteen (15) days after checks are issued to Class Members. Any amount requested by Class Counsel for the Class Counsel Award and not granted by the Court shall return to the Net Settlement Amount and be distributed to Participating Class Members as provided in this Agreement. This Settlement is not contingent upon the Court awarding Class Counsel any particular amount in attorneys’ fees and costs and, in the event that the Court reduces or does not approve the requested Class Counsel Award, Plaintiff and Class Counsel shall not have the right to modify or revoke the Settlement, or to appeal such order, nor will Plaintiff or Class Counsel seek, request, or demand an increase to the Gross Settlement Amount on that basis.
Class Counsel Award. Class Counsel intend to request—and Defendant agrees 5 not to oppose—a payment from the Gross Settlement Amount for (a) attorneys’ fees in an amount up to 6 one third of the Gross Settlement Amount and (b) litigation costs actually incurred in litigating this 7 Action, supported by adequate documentation. 9 Counsel Award is not a material term. If the Court approves only a lesser amount, then the other terms 10 of this Agreement shall remain in effect.
