To Class Counsel. A Class Counsel Fees Payment of not more than %, which is currently estimated to be $ , and a Class Counsel Litigation Expenses Payment of not more than $ . XYZ will not oppose requests for these payments provided that do not exceed these amounts. Plaintiff and/or Class Counsel will file a motion for Class Counsel Fees Payment and Class Litigation Expenses Payment no later than [16 court] days prior to the Final Approval Hearing. If the Court approves a Class Counsel Fees Payment and/or a Class Counsel Litigation Expenses Payment less than the amounts requested, the Administrator will allocate the remainder to the Net Settlement Amount. Released Parties shall have no liability to Class Counsel or any other Plaintiff’s Counsel arising from any claim to any portion any Class Counsel Fee Payment and/or Class Counsel Litigation Expenses Payment. The Administrator will pay the Class Counsel Fees Payment and Class Counsel Expenses Payment using one or more IRS 1099 Forms. Class Counsel assumes full responsibility and liability for taxes owed on the Class Counsel Fees Payment and the Class Counsel Litigation Expenses Payment and holds XYZ harmless, and indemnifies XYZ, from any dispute or controversy regarding any division or sharing of any of these Payments.
To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees not to oppose, a total Attorney Fee Award not to exceed thirty-eight percent (38%) or $760,000.00 of the Gross Settlement Amount and a Cost Award not to exceed $25,000.00. The Settlement Administrator will pay the Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Except as provided herein, each side shall bear its own attorneys’ fees and costs.
To Class Counsel. At the Final Approval Hearing, Class Counsel will apply to the Court for an Attorneys Fee Award not to exceed 33.333% of the GSA (which equates to $666,660) and a Cost Award not to exceed $30,000. Defendants shall not oppose this request. The Settlement Administrator will pay the Court approved amounts for the Attorneys Fee Award and Cost Award out of the Gross Settlement Amount. Payroll tax withholding and deductions will not be taken from the Attorneys Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to the Attorneys Fee Award. In the event the Court does not approve the entirety of the application for the Attorneys Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorneys Fee Award and/or Cost Award, the difference shall become part of the NSA and be available for distribution to Participating Class Members. The approved Fee Award and Class Counsels’ Costs, even if less than what Class Counsel request, shall constitute full satisfaction of Defendants’ obligations to pay amounts to Class Counsel for attorneys’ fees or costs in this Action on behalf of Named Plaintiffs and Settlement Class Members, and shall relieve Defendants from any other claims or liability to Class Counsel for any attorneys’ fees or costs to which they may claim to be entitled on behalf of Named Plaintiffs or any other Settlement Class Member. If the Court approves a Fee Award and/or Class Counsels’ Costs in amounts less than what Class Counsel request, the reduction in the Fee Award and/or Class Counsels’ Costs shall not be a basis for nullification of this Settlement. Nor shall a reduction in the Fee Award and/or Class Counsels’ Costs in any way delay or preclude the judgment from becoming a final judgment or the Settlement from becoming Effective. Class Counsel represents that they are not aware of any other attorney or person who may assert any potential claim for attorneys’ fees or costs incurred in connection with the Action.
To Class Counsel. Class Counsel will apply to the Court for an award of not more than One-Third of the Gross Settlement Amount, which is presently $766,666, as their Class Counsel Fees Payment and an amount not more than $30,000 for all expenses incurred as documented in Class Counsel’s billing records as their Class Counsel Litigation Expenses Payment. Defendant will not oppose their request for a Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment consistent with this Agreement and approved by the Court. The Settlement Administrator will pay the amounts approved by the Court out of the Gross Settlement Amount. If the Court approves a Class Counsel Fees Payment or a Class Counsel Litigation Expenses Payment of less than these amounts, which are presently $766,666, and $30,000 respectively, the remainder will be retained in the Net Settlement Amount for distribution to Participating Class Members. Payroll tax withholding and deductions, if any, will not be taken from the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment and instead one or more Forms 1099 will be issued to Class Counsel with respect to those payments. The payment of the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment shall be made to Class Counsel.
To Class Counsel. A Class Counsel Fees Payment of not more than 35% of the Gross Settlement Amount which, unless increased pursuant to paragraph 8 of this Agreement, is currently estimated to be $665,000.00, and a Class Counsel Litigation Expenses Payment of not more than $50,000.00 The Company will not oppose Plaintiffs’ requests for these payments provided that they do not exceed these amounts. Plaintiffs will endeavor to file a motion for Class Counsel Fees Payment and Class Litigation Expenses Payment prior to the Final Approval Hearing. If the Court approves a Class Counsel Fees Payment and/or a Class Counsel Litigation Expenses Payment less than the amounts requested, the Administrator will allocate the remainder to the Net Settlement Amount. Released Parties shall have no liability to Class Counsel or any other plaintiff’s Counsel arising from any claim to any portion any Class Counsel Fee Payment and/or Class Counsel Litigation Expenses Payment. The Administrator will pay the Class Counsel Fees Payment and Class Counsel Expenses Payment using one or more IRS 1099 Forms. Class Counsel assumes full responsibility and liability for taxes owed on the Class Counsel Fees Payment and the Class Counsel Litigation Expenses Payment and holds Defendants harmless, and indemnifies Defendants, from any dispute or controversy regarding any division or sharing of any of these Payments. There will be no additional charge of any kind to either the Class Members or request for additional consideration from Defendants for such work unless, Defendants materially breach this Agreement, including any term regarding funding, and further efforts are necessary from Class Counsel to remedy said breach, including, without limitation, moving the Court to enforce the Agreement.
To Class Counsel. At the Final Approval Hearing, Class Counsel will apply to the Court for an Attorneys Fee Award not to exceed thirty-five percent (35%) of the GSA (which equates to $140,000) and a Cost Award not to exceed $10,000. The Settlement Administrator will pay the Court approved amounts for the Attorneys Fee Award and Cost Award out of the Gross Settlement Amount. Payroll tax withholding and deductions will not be taken from the Attorneys Fee Award or the Cost Award. Treasury Forms 1099 will be issued to Class Counsel with respect to the Attorneys Fee Award. In the event the Court does not approve the entirety of the application for the Attorneys Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorneys Fee Award and/or Cost Award, the difference shall become part of the NSA and be available for distribution to Participating Class Members.
To Class Counsel. A Class Counsel Fees Payment of not more than one-third (1/3) of the Gross Settlement Amount (including 1/3 of any increase to the Gross Settlement Amount pursuant to the Escalator Clause at Paragraph 8 below) and a Class Counsel Litigation Expenses Payment of not more than $25,000.00. One-Third of the Gross Settlement Amount is currently estimated to be $96,666.66. Defendant will not oppose requests for these payments provided that they do not exceed these amounts. Plaintiff and/or Class Counsel will file a motion for Class Counsel Fees Payment and Class Litigation Expenses Payment no later than 16 court days prior to the Final Approval Hearing. If the Court approves a Class Counsel Fees Payment and/or a Class Counsel Litigation Expenses Payment less than the amounts requested, the Administrator will allocate the remainder to the Net Settlement Amount. Released Parties shall have no liability to Class Counsel or any other Plaintiff’s Counsel arising from any claim to any portion any Class Counsel Fee Payment and/or Class Counsel Litigation Expenses Payment. The Administrator will pay the Class Counsel Fees Payment and Class Counsel Expenses Payment using one or more IRS 1099 Forms. Class Counsel assumes full responsibility and liability for taxes owed on the Class Counsel Fees Payment and the Class Counsel Litigation Expenses Payment and holds Defendant harmless, and indemnifies Defendant, from any dispute or controversy regarding any division or sharing of any of these Payments.
To Class Counsel. Class Counsel will apply to the Court for a total Attorney’s Fee in an amount of fees not to exceed 20% of the Settlement Payment (i.e., Twenty One Million Four Hundred Thousand Dollars ($21,400,000)) and a Cost Award for reimbursement of costs actually incurred or reasonably expected. The Settlement Administrator will pay the court- approved amounts for the Attorneys’ Fee and Cost Award out of the Settlement Fund. IRS Form 1099 will be issued to Class Counsel by the Settlement Administrator for this payment. In the event the Court does not approve the entirety of the application for the Attorneys’ Fee and Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendants nor the Settlement Administrator shall be responsible for paying the difference to Class Counsel between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for Attorneys’ Fees and Cost Award, the difference shall remain in the Settlement Fund and be available for distribution to Settlement Class Members. The approval by the Court of any such lesser sum(s) shall not be grounds for Plaintiffs and/or Class Counsel to terminate the Settlement; however, Class Counsel retain their right to appeal any decision by the Court regarding the Attorneys’ Fees and Cost Award.
To Class Counsel. Plaintiffs, through Class Counsel, will request, and Defendants agree not to object to, and, if Class Counsel’s request is granted by the Court, to pay an amount of $5,200,000 to pay attorneys’ fees for work performed by Class Counsel in connection with this Litigation. In addition, Plaintiffs will also request, and Defendants agree not to object to, and, if Class Counsel’s request is granted by the Court, to pay an amount of $200,000 for reimbursement of costs incurred in connection with the Litigation. Class Counsel shall file their motion requesting an award of Attorneys’ Fees and Costs no later than thirty (30) days after the entry of the Preliminary Approval Order and shall post it to the settlement website. Plaintiffs, Class Counsel, and Defendants negotiated and agreed to the issue of Attorneys’ Fees and Costs only after reaching agreement in principle on the material terms of consideration for the Settlement Class.
To Class Counsel. Class Counsel will apply to the Court for a total Attorneys Fee and Cost Award in an amount of 25% of the $8,750,000 payment to the Settlement Fund (i.e., $2,187,500). The Settlement Administrator will pay the court-approved amounts for the Attorneys Fee and Cost Award out of the Settlement Fund. IRS Form 1099 will be issued to Class Counsel firm OlsenDaines by the Settlement Administrator for these payments. In the event the Court does not approve the entirety of the application for the Attorneys Fee and Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference to Class Counsel between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for Attorneys Fees and Cost Award, the difference shall remain in the Settlement Fund and be available for distribution to Settlement Class Members. The approval by the Court of any such lesser sum(s) shall not be grounds for Plaintiffs and/or Class Counsel to terminate the Settlement; however, Class Counsel retain their right to appeal any decision by the Court regarding the Attorneys Fees and Cost Award.
