Attorney Fee Application Clause Samples

Attorney Fee Application. Class Counsel intend to apply to the District Court for an award of attorneys’ fees plus applicable New Mexico gross receipts taxes thereon incurred in prosecuting the Class Claims and for services rendered up to and including the date this Settlement is final, with such award to be paid out of the Escrow Account. Any such application for an award of attorneys’ fees shall not exceed one-third (33 and 1/3 percent) of the total Settlement Amount, plus applicable New Mexico gross receipts taxes thereon. If the Final Order is appealed, Class Counsel’s attorneys’ fees and litigation and other expenses as awarded by the District Court shall be increased by their proportionate share of any interest earned on, or earnings derived from the Escrow Account from the date the Final Order is entered by the District Court, until the attorneys’ fees and litigation expenses are paid. For purposes of the foregoing sentence, the phrase “proportionate share” means the ratio of the sum of Class Counsel’s attorneys’ fees and litigation expenses to the total of the principal amount of the Settlement Amount.