Statement of Attorneys’ Fees and Expenses Sought. 5. Lead Counsel, on behalf of all Plaintiffs’ Counsel, will apply to the Court for an award of attorneys’ fees from the Settlement Fund in an amount not to exceed 25% of the Settlement Fund, which includes any accrued interest. Lead Counsel will also apply for payment of litigation expenses incurred by Plaintiffs’ Counsel in prosecuting and settling the Action in an amount not to exceed $550,000, plus accrued interest, which may include an application pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”) for the reasonable costs and expenses (including lost wages) of Lead Plaintiffs directly related to their representation of the Settlement Class. If the Court approves Lead Counsel’s Fee and Expense Application in full, the average amount of fees and expenses, assuming claims are filed for all shares eligible to participate in the Settlement, will be approximately $0.04 per allegedly damaged share of Celadon common stock.
Statement of Attorneys’ Fees and Expenses Sought. 5. Class Counsel, on behalf of all Plaintiffs’ Counsel, will apply to the Court for an award of attorneys’ fees from the Settlement Fund in an amount not to exceed 25% of the Settlement Fund, which includes any accrued interest. Class Counsel will also apply for payment of litigation expenses incurred by Plaintiffs’ Counsel in prosecuting the Action in an amount not to exceed $995,000, plus accrued interest, which may include an application pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”) for the reasonable costs and expenses (including lost wages) of Class Representatives directly related to their representation of the Class. If the Court approves the Fee and Expense Application in full, the average amount of fees and expenses, assuming claims are filed for all shares eligible to participate in the Settlement, will be approximately $0.08 per allegedly damaged share of KBR common stock.
Statement of Attorneys’ Fees and Expenses Sought. 4. Lead Counsel will apply to the Court for an award of attorneys’ fees from the Settlement Amount in an amount not to exceed 25% of the Settlement Amount, plus accrued interest, if any. Lead Counsel will also apply for payment of litigation expenses incurred by Plaintiff’s Counsel in prosecuting the Action in an amount not to exceed $600,000, plus accrued interest, which may include an application pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”) for the reasonable costs and expenses (including lost wages) of Lead Plaintiff directly related to its litigation efforts. If the Court approves Lead Counsel’s Fee and Expense Application in full, the average amount of fees and expenses, assuming claims are filed for all ADSs eligible to participate in the Settlement, would be approximately $0.09 per allegedly damaged ADS of Xx. Xxxxx’x. A copy of the Fee and Expense Application will be posted on www. .com after it has been filed with the Court. Reasons for the Settlement 5. For Lead Plaintiff, the principal reason for the Settlement is the guaranteed cash benefit to the Settlement Class. This benefit must be compared to the uncertainty of being able to survive a contested motion for class certification; prove the allegations in the Complaint, particularly with respect to falsity and scienter; maintain certification of the class through trial; the risk that the Court may grant some or all of Defendants’ likely motions for summary judgment; the uncertainty of a greater recovery after a trial and appeals, and the ability to enforce a judgment against those defendants located in India; the risks of litigation, especially in complex actions like this; as well as the difficulties and delays inherent in such litigation (including any trial and appeals).
Statement of Attorneys’ Fees and Expenses Sought. 4. Lead Counsel will apply to the Court for attorneys’ fees from the Settlement Fund in an amount not to exceed 30% of the Settlement Fund, which includes any accrued interest, or $2,925,000, plus accrued interest. Lead Counsel will also apply for payment of Litigation Expenses incurred in prosecuting the Action in an amount not to exceed $800,000, plus accrued interest, which may include an application pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”) for the reasonable costs and expenses (including lost wages) of Co-Lead Plaintiffs directly related to their representation of the Settlement Class. If the Court approves Lead Counsel’s Fee and Expense Application in full, the average amount of fees and expenses is estimated to be approximately $0.10 per allegedly damaged share of Mindbody publicly traded Class A common stock. A copy of the Fee and Expense Application will be posted on xxx.xxxxxxxxxxxxxxx.xxx after it has been filed with the Court.
Statement of Attorneys’ Fees and Expenses Sought. 4. Lead Counsel will apply to the Court for attorneys’ fees from the Settlement Fund in an amount not to exceed 30% of the Settlement Fund, which includes any accrued interest, or $322,500, plus accrued interest. Lead Counsel will also apply for payment of litigation expenses incurred in prosecuting the Action (“Litigation Expenses”) in an amount not to exceed $60,000, plus accrued interest, which may include an application pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”) for the “reasonable costs and expenses (including lost wages)” of Lead Plaintiff directly related to its representation of the Settlement Class. If the Court approves Lead Counsel’s Fee and Expense Application in full, the average amount of fees and expenses is estimated to be approximately $0.02 per allegedly damaged ADS. A copy of the Fee and Expense Application will be posted on xxx.xxxxxxxxxxxxxxx.xxx/Xxxxxxxx/ after it has been filed with the Court.
Statement of Attorneys’ Fees and Expenses Sought. 5. Lead Counsel will apply to the Court for an award of attorneys’ fees from the Settlement Fund in an amount not to exceed one-third (33 and 1/3%) of the Settlement Fund, which includes any accrued interest. Lead Counsel will also apply for reimbursement of litigation expenses they have incurred in prosecuting the Action in an amount not to exceed $65,000 plus accrued interest, which may include an application pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”) for the reasonable costs and expenses (including lost wages) of Lead Plaintiffs directly related to their representation of the Settlement Class. After deducting expenses necessarily incurred in connection with the Settlement, including Taxes and Notice and Administration Expenses, and if the Court approves Lead Counsel’s application for attorneys’ fees and expenses (including Lead Plaintiffs’ service awards), the average amount of fees and expenses, assuming claims are filed for all shares eligible to participate in the Settlement, will be approximately $0.05 per allegedly damaged share of Vivint Solar common stock. A copy of Lead Counsel’s application for attorneys’ fees and expenses will be posted at xxx.XxxxxxXxxxxXxxxxXxxxxx.xxx after it has been filed with the Court.
Statement of Attorneys’ Fees and Expenses Sought. Lead Counsel (as defined on page below) will apply to the Court for an award of attorneys’ fees in an amount not to exceed one-third of the Settlement Amount, plus charges and expenses not to exceed $2.7 million, plus interest earned on these amounts at the same rate as earned by the Settlement Fund. Since the appointment of Plaintiffs, Lead Counsel have expended considerable time and effort in the prosecution of this Litigation on a wholly contingent basis and have advanced the expenses of the Litigation in the expectation that if they were successful in obtaining a recovery for the Class they would be paid from such recovery. If the Court approves the attorneys’ fees, charges, and expenses in full, the average amount of fees, charges, and expenses will amount to an average cost of $0.025 per share. The average cost per damaged share will vary depending on the number of acceptable and timely Proofs of Claim submitted. In addition, Plaintiffs may apply for an award of no more than $20,000, in the aggregate pursuant to 15 U.S.C. §78u-4(a)(4) in connection with their representation of the Class.
Statement of Attorneys’ Fees and Expenses Sought. 4. Class Counsel will apply to the Court, on behalf of all Plaintiffs’ Counsel, for an award of attorneys’ fees from the Settlement Fund in an amount not to exceed 25% of the Settlement Fund, i.e., $10,000,000, plus accrued interest at the same rate earned by the Settlement Fund, if any.3 Class Counsel will also apply for payment of litigation expenses incurred in prosecuting the Action in an amount not to exceed $1,500,000, plus accrued interest at the same rate earned by the Settlement Fund, which may include an application pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”) for the reasonable costs and expenses 3 Plaintiffs’ Counsel are Labaton Sucharow LLP, Xxxxxxx Xxxxxx Xxxxxx & Xxxx LLP, Xxxxx Xxxxxxxx Sellers & Toll LLP, X’Xxxxxxxx & X’Xxxxxxxx LLP, Xxxxxx Xxxxx, and Xxxxxxx Law LLC. (including lost wages) of Class Representatives directly related to their representation of the Class. If the Court approves Class Counsel’s Fee and Expense Application in full, the average amount of fees and expenses is estimated to be approximately $0.16 per allegedly damaged share of JELD- WEN publicly traded common stock. A copy of the Fee and Expense Application will be posted on www. after it has been filed with the Court.
Statement of Attorneys’ Fees and Expenses Sought. 4. Co-Lead Counsel will apply to the Court for an award of attorneys’ fees from the Settlement Fund, on behalf of all Plaintiffs’ Counsel, in an amount not to exceed 25% of the Settlement Fund, which includes any accrued interest. Co-Lead Counsel will also apply for payment of litigation expenses incurred in prosecuting the Action in an amount not to exceed $170,000, plus accrued interest, which may include an application pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”) for an award to Lead Plaintiffs directly related to their litigation efforts on behalf of the Settlement Class. If the Court approves Co- Lead Counsel’s Fee and Expense Application in full, the average amount of fees and expenses, assuming claims are filed for all shares eligible to participate in the Settlement, will be approximately $0.003 per allegedly damaged share. A copy of the Fee and Expense Application will be posted on www. .com after it has been filed with the Court.
Statement of Attorneys’ Fees and Expenses Sought. Lead Counsel have not received any payment for their services in litigating the Action, nor have they been reimbursed for their expenses in prosecuting the Action to date. Lead Counsel will apply to the Court for an award of: (i) attorneys’ fees in an amount not to exceed 17% of each Xxxxxxxxxx Xxxx00; and (ii) reimbursement of litigation expenses incurred in prosecuting the Action, in an amount not to exceed $2,500,000, which may include the reasonable costs and expenses of Lead Plaintiffs and/or the Class Representatives directly related to their representation of the Class, with interest thereon at the same rate and for the same periods as earned by the Settlement Fund (the “Fee and Expense Application”). In addition, with respect to the Xxxxxx Settlement, Lead Counsel will also ask the Court to approve the establishment of a litigation fund in the amount of $1,000,000 to be used to fund the continued prosecution of the Action against the Non-Settling Defendants. If the Court approves Lead Counsel’s Fee and Expense Application and the request for the litigation fund for the Xxxxxx Settlement Fund, the average cost per allegedly damaged ADS with respect to the Xxxxxx Settlement Fund will be approximately $0.27 and, the average cost per allegedly damaged Ordinary Share will be approximately $0.01.10 If the Court does not approve the Xxxxxx Settlement or that Settlement does not become Effective, Lead Counsel will ask that, in addition to the fees requested with respect to the PwC Settlement, the litigation expenses applied for in the Xxxxxx Settlement (other than the $1 million litigation fund) be paid from the PwC Settlement Fund. Because the PwC Entities Settlement does not provide for the establishment of a $1 million litigation fund like the Xxxxxx Settlement, the request for the establishment of the litigation fund will be dropped, if the Xxxxxx Settlement is not approved or does not become Effective. In that case, the average cost to be paid from the PwC Settlement Fund per allegedly damaged ADS will be approximately $0.07 and, the average cost per allegedly damaged Ordinary Share will be less than 0.01. If both Settlements are approved and all requests for fees and expenses are approved, the average cost per allegedly damaged ADS will be approximately $0.31 and, the average cost per allegedly damaged Ordinary Share will be approximately $0.01. 10 Lead Counsel will also ask the Court to award the same percentage as attorneys’ fees from any additiona...
