APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES. At the Settlement Hearing, Lead Counsel will request that the Court award attorneys’ fees of up to 28% of the Settlement Amount, plus litigation expenses not to exceed $1.3 million, plus interest earned on both amounts. Class Members are not personally liable for any such fees, expenses, or compensation. In addition, the Plaintiffs intend to seek an amount not to exceed $15,000 each for their costs and expenses incurred in representing the Class. To date, Plaintiffs’ Counsel have not received any payment for their services in conducting this Action on behalf of Plaintiffs and members of the Class, nor have counsel been paid for their expenses. The fee requested by Lead Counsel would compensate counsel for their efforts in achieving the Settlement Fund for the benefit of the Class, and for their risk in undertaking this representation on a contingency basis. The fee requested is within the range of fees awarded to plaintiffs’ counsel under similar circumstances in litigation of this type.
APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES. Pursuant to the common fund doctrine and/or any applicable statutory fee provision, Class Counsel may apply to the Court for an award to Class Counsel of attorneys’ fees, and for reimbursement of expenses, to be paid from the Settlement Fund. Class Counsel may apply to the Court for compensation to Named Plaintiffs, payable solely from the Settlement Fund, and Named Plaintiffs shall be entitled to receive such compensation from the Settlement Fund to the extent awarded by the Court. The Defendants shall take no position on Class Counsel’s application for fees, costs, and reimbursement of expenses or on any such applications by Named Plaintiffs.
APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES. Plaintiffs’ Counsel will apply to the Court for a collective award of attorney’s fees to Plaintiffs’ Counsel which shall be no greater than [●]. Plaintiffs’ Counsel also will apply to the Court for reimbursement of litigation expenses paid or incurred by Plaintiffs’ Counsel or advanced by Plaintiffs of no more than [●]. As of the execution of the Stipulation, the Parties have not discussed the amount of any application by Plaintiffs’ Counsel for an award of attorney’s fees and expenses. Stipulating Defendants reserve all rights and all grounds to object to, oppose, consent to, or take no position on the amount of fees and expenses sought by Plaintiffs’ Counsel. The Parties have agreed that any fees and expenses awarded by the Court to Plaintiffs’ Counsel shall be paid by MCC or its successor and shall not be paid out of the Class Payment or Settlement Fund.
APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES. If the Court approves the Settlement, Plaintiffs’ counsel intends to apply to the Court for an award of attorneys’ fees and expenses. The Company has agreed to pay only the fees and expenses as the Court directs. None of the defendants have agreed to be liable for any expenses, costs, damages or fees of Plaintiffs or any member of the Class relating to the Action incurred by any Plaintiff, or any member of the Class, the Company, or by any attorney, expert, adviser, agent or representative of any of the foregoing persons.
APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES. Pursuant to the common fund doctrine, Co-Lead Class Counsel, on behalf of Plaintiffs’ Counsel, shall petition the Court no later than thirty (30) days prior to the Fairness Hearing for an award of attorneys’ fees, in an amount not to exceed 30% of the Settlement Fund, and for reimbursement of costs and expenses, to be paid from the Settlement Fund. Defendants will not take any position on Co-Lead Class Counsel’s application for fees, costs, or reimbursement of expenses. Defendants do not agree or concede that the amount of attorneys’ fees, costs and expenses that may be sought by Co-Lead Class Counsel is appropriate or reasonable, and nothing in this Settlement Agreement shall be construed otherwise. The Parties acknowledge and agree that Defendants shall have no authority, control, or liability in connection with Plaintiffs’ Counsel’s attorneys’ fees, costs, and expenses. After entry of the Final Order and (if separate) the entry of an order approving the attorneys’ fees and expenses, and upon wire transfer of the remaining Settlement Amount into the Settlement Fund according to Section 7.3.1, Co-Lead Class Counsel may jointly direct payment of any court-approved award of fees and expenses from the Settlement Fund, with written notice to Bear Xxxxxxx. Plaintiffs’ Counsel shall be entitled to receive attorneys’ fees and expenses from the Settlement Fund to the extent awarded by the Court, and payable as set forth in Section 11.3 herein.
APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES. Concurrent with seeking final approval of the Settlement, Co-Lead Counsel intend to petition the Court for an award for attorneys’ fees to Co-Lead Counsel of up to $22,300,00.00 plus reimbursement of Co-Lead Counsel’s actual out-of-pocket expenses of up to $200,000.00. Co-Lead Counsel will make this petition not less than twenty business days prior to the Settlement Hearing. Defendants have agreed not to oppose Co-Lead Counsel’s fee and expense application. Prior to Disbursement of the Net Settlement Amount, and in any event within five (5) business days of the latter of (i) the entry of an Order by the Court of Chancery awarding attorneys fees and expenses to Co-Lead Counsel or (ii) the funding of the Settlement Amount in the Account as described in Section (B)(2)(a)(ii) of the Stipulation, the Paying Agent shall disburse from the Settlement Fund to Co-Lead Counsel an amount equal to the Fee and Expense Award. In the event that (i) the Effective Date does not occur, (ii) this Stipulation is disapproved, canceled or terminated pursuant to its terms, (iii) the Settlement otherwise does not become Final for any reason, or (iv) the Fee and Expense Award is disapproved, reduced, reversed or otherwise modified, as a result of any further proceedings including any successful collateral attack, then Co-Lead Counsel shall, within five (5) business days after Co-Lead Counsel receives notice of any such failure of the Effective Date to occur, termination of the Stipulation, failure of the Settlement to become Final, or disapproval, reduction, reversal or other modification of the Fee and Expense Award, return to the Account, as applicable, either the entirety of the Fee and Expense Award or the difference between the attorneys’ fees and expenses awarded by the Court in the Fee and Expense Award on the one hand, and any attorneys’ fees and expenses ultimately and finally awarded on appeal, further proceedings on remand or otherwise on the other hand.
APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES. 9. In connection with the Court’s consideration of the Settlement, Plaintiff’s Counsel intend to petition the Court for an award of attorneys’ fees and expenses in the amount of up to $5,795,886, payable solely from the amounts otherwise payable to the Tendered Stockholders, which amount shall be wholly inclusive of all of Plaintiff’s and Plaintiff’s Counsel’s fees, expenses, cost disbursements, and expert and consulting fees associated with the benefits created by the Settlement (the “Fee and Expense Award”). The Fee and Expense Award to be sought will be comprised of up to 27.5% of the Gross Tender Payment, or $5,620,886 in the aggregate, plus up to $175,000 in out of pocket expenses incurred by Plaintiff’s Counsel in prosecuting the Action. Pursuant to the Stipulation, the parties thereto agree that Plaintiff’s Counsel will not seek to include the fees, costs, or expenses of administering the Settlement in the Fee and Expense Award. The parties thereto further agree that the released Defendant Parties, the Non-Tendered Stockholders, and the Non-Tendered Stockholders shall have no responsibility to contribute to any Fee and Expense Award beyond any amounts that may be awarded to Plaintiff’s Counsel from the amounts otherwise payable to the Tendered Stockholders. Defendants reserve all rights to oppose, consent to, or take no position on the Fee and Expense Award.
APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES. Plaintiffs’ Counsel may apply and anticipates applying to the Court at the Fairness Hearing for an award of attorneys’ fees and reimbursement of their expenses and costs from the Settlement Fund in an amount to be determined by the Court as a percentage of the entire value of settlement, including monetary and the value of the equitable relief, and, as a common fund, in accordance with applicable law. The Notice and Summary Notice shall include the amount of fees and costs that Plaintiffs’ Counsel expect to seek, and Plaintiffs’ Counsel will file a separate motion with the Court requesting an award of attorney fees and costs at least two weeks prior to the deadline for Settlement Class Members to object to the settlement. Plaintiffs and Plaintiffs’ Counsel agree that they will not seek to collect any attorneys’ fees, expenses, or costs from any source other than the Settlement Fund. To the extent the Court may award fees to counsel for any class member appearing before the Court in connection with the approval or implementation of this Settlement Agreement, such fees also shall be payable solely from the Settlement Fund. Under no circumstances shall any Settling Defendant other than Jeunesse have any monetary obligations to Settlement Class Members, and the monetary obligations of Jeunesse under this Settlement Agreement shall under no circumstances exceed its payment of the Settlement Fund and its enhanced acceptance of returns as set forth above in Paragraph 4.2.
APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES. Pursuant to Federal Rule of Civil Procedure 23(h), Class Counsel applied for a fee consisting of a portion of the Total Class Settlement Amount by motion dated May 3, 2021 (AFFF MDL Dkt. No. 1557). Subject to Class Counsels’ application for attorneys’ fees and expenses, and in accordance with the Final Approval Order, the Settlement Administrator shall distribute attorneys’ fees and expenses approved by the Court (including but not limited to: expert witness fees, consultants’ fees, and litigation expenses; any court-approved class representative service awards; and the cost of Class Notice and Class Administration) from the Class Qualified Settlement Fund. Any attorneys’ fees and expenses paid to Class Counsel from the Total Class Settlement Amount shall be paid only to the extent awarded by the Court, subject to the holdback provisions in Section 6.8, and within 10 days after the Court has entered the Final Approval Order and dismissed the claims of Participating Class Members as to any Released Claims, with prejudice, with no appeals pending or possible.
APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES. Plaintiffs and their counsel may apply to the Court for, and shall be entitled to receive, reimbursement of costs and expenses from the Settlement Fund after entry of the Final Order and before or simultaneously with any determination or award of attorneys’ fees. Plaintiffs’ Counsel shall petition the Court for reimbursement of reasonable costs and expenses and payment of any Case Contribution Awards and for an award of attorneys’ fees, not to exceed one-third of the Settlement Fund. Defendants will not take any position on any fee motion submitted by Class Counsel, provided that Class Counsel does not move for an award of attorneys’ fees in excess of one-third of the Settlement Fund, and Defendants will not take any position on any motion for reimbursement of litigation expenses reasonably incurred in prosecuting the Action. Fees or expenses awarded to Plaintiffs’ Counsel by the Court shall not be payable to Class Counsel before the Effective Date except as follows. Class Counsel may, at their sole discretion, receive payment of fees and expenses at any point subsequent to the Court’s entry of a judgment awarding such fees and expenses regardless of the existence of any objection to or appeal of the Settlement or the award of attorneys’ fees or expenses, so long as Class Counsel provides a letter of credit in favor of the Settlement Fund on terms mutually agreed upon by XL
