ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS. 1. Within five (5) days following entry of the Order Granting Final Approval of the Settlement Agreement, KFB shall issue payment to Class Counsel, the amount of Class Counsel’s attorneys’ fees and costs separately approved by the Court, in an amount not to exceed $1,375,000.00.
2. Within five (5) days after the Order granting Class Counsel’s request for attorneys’ fees becomes final, by operation of agreement, Kentucky Rule of Civil Procedure, or otherwise, Class Counsel may distribute the amount approved by the Court pursuant to the agreement among Class Counsel regarding division of Fees.
3. Disagreements, if any, among Class Counsel relating to the Court’s award of attorneys’ fees and costs shall have no impact on the effectiveness or implementation of this agreement, nor shall any disagreements impact and/or result in any increases of the obligation imposed upon Defendant by this Agreement.
4. Such a payment will fully discharge Defendant’s obligation to make a payment of attorneys’ fees, costs, and expenses, except for KFB’s obligation to remit common benefit fees pursuant to paragraph II(A)(3) hereof. Class Counsel will defend, hold harmless, and indemnify Defendant and Defendant’s Counsel from and against claims, damages, litigation, causes of action, and expenses, including reasonable attorneys’ fees and expenses, resulting from any action or proceeding involving the payment or apportionment of the award of attorneys’ fees, costs, and expenses in the Action by, to, or among the Class Representatives, Plaintiffs’ Counsel, or any attorney or firm that claims to have provided services to the Class Representatives or the Settlement Class Members.
5. Within five (5) days after the Order granting Final Approval of the Settlement becomes final, by operation of agreement, Kentucky Rule of Civil Procedure, or otherwise, KFB shall send or cause to be sent via first class U.S. Mail, postage pre-paid, a check to each of Xxxxx Xxxxxx and Xxxxxx Xxxxxxxx in an amount not to exceed $15,000.00 for any Class Representative Incentive Award approved by the Court.
ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS. 7.1. Class Counsel intend to seek an award of their attorneys’ fees and those of Liaison Counsel in an amount not to exceed $9,666,657, plus all reasonable litigation costs and expenses advanced and carried by Class Counsel and Liaison Counsel for the duration of this Action, both of which shall be recovered from the Gross Settlement Amount (“Attorneys’ Fees and Expenses”). Class Counsel also intend to seek Incentive Awards, in an amount not to exceed $15,000 per Class Representative which shall be recovered from the Gross Settlement Amount.
7.2. Class Counsel will file a motion for an award of Attorneys’ Fees and Expenses and to seek Incentive Awards at least 45 days before the date of the Fairness Hearing, which may be supplemented thereafter.
7.3. The amount the Court awards to Class Counsel and Liaison Counsel for Attorneys’ Fees and Expenses shall be transferred to Class Counsel within three business days of the date of such award, notwithstanding the existence of any timely-filed objections thereto, potential for appeal therefrom, or any collateral attack on the Settlement or any part thereof. However, Class Counsel and Liaison Counsel are obligated to refund or repay to the Qualified Settlement Fund any amounts owed to the Class if and when, as a result of any appeal and/or further proceedings on remand, or successful collateral attack, the fee or expense award is reduced or reversed. Class Counsel and Liaison Counsel are obligated to make any necessary repayment of all or a portion of the fee or expense award within 14 calendar days of when the fee or expense award is reduced or reversed.
ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS. 6.1. Plaintiff's Counsel may make application to the Court for an award of Attorneys' Fees and Expenses as compensation for the time and effort, undertaken in and risks of pursuing this Litigation, but agree that, combined, the requested Attorneys' Fees and Expense Award shall not exceed $350,000.00. Plaintiff's Counsel shall not be permitted to petition the Court for any additional payments for fees, costs or expenses from Defendant. Attorneys' Fees and Expenses shall be for all claims for attorneys' fees, costs and expenses, past, present, and future incurred in the Litigation in connection with claims against Defendant.
6.2. Defendant covenants and agrees, that, provided Plaintiff's application for Attorneys' Fees and Expenses is consistent with Section 6.1, it shall not (a) oppose or submit any evidence or argument challenging or undermining Plaintiff's application for Attorneys' Fees and Expenses; (b) encourage or assist any person to oppose or submit any evidence or argument challenging or undermining Plaintiff's application for Attorneys' Fees and Expenses; or
ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS. 11.1. In accord with F.R.C.P. 23(h) and relevant case law, the Representative Plaintiffs will petition the Court for attorneys’ fees, expenses, and Class Representative incentive awards. Defendant shall have the option of responding to any such petition, including by contesting any fees, expenses, or incentive award requested, to the extent the petition requests (a) more than $2,500 each as incentive awards for the Class Representatives or (b) reimbursement of an amount up to the total of Class Counsel’s costs and fees but not to exceed twenty-five percent (25%) of the total Settlement Amount after excluding costs of Notice and any notice administration. The total amount of monetary payment from Similasan will be contingent upon final approval by the Court, but will not exceed $700,000 total payment. Similasan will only be obligated to pay the amount approved by the Court. There will be no cy pres or reversion.
ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS. 9.1. Plaintiffs will apply to the Court for attorneys’ fees, expenses, and incentive awards and Defendants shall have the option of responding to any such application, including by contesting any fees, expenses, or incentive award requested. Defendants will bear their own attorney’s fees, costs and expenses.
9.2. Upon appropriate Court order so providing, any attorneys’ fees and costs awarded to Class Counsel by the Court shall be paid from the Settlement Fund immediately upon award by the Court, notwithstanding the existence of any timely filed objections thereto, or appeal (actual or potential) there from, or collateral attack on the Settlement or any part thereof, subject to Class Counsel’s obligation to make appropriate refunds or repayments to the Settlement Fund plus interest at the same rate earned on the Settlement Fund, if and when, as a result of any appeal and/or further proceedings on remand, or successful collateral attack, the fee or cost award is reduced.
9.3. Any incentive payments awarded by the Court will be taken from the Settlement Fund.
ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS. 11.1. Any award of Attorneys’ Fees and Expenses must be approved by the Court, and the Awarded Attorneys’ Fees and Expenses shall be paid in full from the Settlement Fund thirty
ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS. 10.1. Class Counsel will apply to the Court for an award of Attorneys’ Fees and Expenses as compensation for the time and effort undertaken in and risks of pursuing the Actions and Consolidated Action in an amount not to exceed 25% of the Settlement Amount, and for the actual amount of costs and expenses incurred in the Actions and Consolidated Action in an amount not to exceed $205,000.00.
10.2. Each Plaintiff may additionally apply to the Court for an Incentive Award as compensation for the time and effort undertaken in and risks of pursuing the Actions, including the risk of liability for the Parties’ costs of suit, and for agreeing to the broader release set forth in Section 8.1. The amount of Incentive Awards Plaintiffs seek shall not exceed $5,000.00 per individual named Plaintiff.
10.3. Any award of Attorneys’ Fees and Expenses must be approved by the Court, and the Awarded Attorneys’ Fees and Expenses shall be paid in full from the Settlement Fund thirty
ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS. 14 15. The Court’s decision regarding the payment of attorneys’ fees and expenses to 15 Class Counsel and incentive awards to the Class Representatives is addressed in a separate order.
ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS. A. The Court hereby grants Class Counsel’s application for an award of reasonable attorneys’ fees and reimbursement of expenses in the amount of Nine hundred thousand dollars ($900,000.00), to be paid by Community Health Systems Professional Services Corporation n/k/a CHSPSC, LLC in accordance with the terms of the Settlement Agreement.
B. The Court further grants Class Counsel’s application for an Incentive Award, in the amount of three thousand five hundred dollars ($3,500.00) to be paid to Xxxxxxx Xxxx by Community Health Systems Professional Services Corporation n/k/a CHSPSC, LLC in accordance with terms of the Settlement Agreement.
ATTORNEYS’ FEES AND EXPENSES AND INCENTIVE AWARDS. 6.1. Plaintiff’s Counsel may make application to the Court for an award of Attorneys’ Fees and Expenses as compensation for the time and effort undertaken in and risks of pursuing this Litigation, but agree that the Attorneys’ Fees and Expenses Award shall not exceed Six Million One Hundred Thirty Thousand Dollars ($6,130,000.00). Plaintiff’s Counsel shall not be permitted to petition the Court for any additional payments for fees, costs or expenses from Defendants. The Attorneys’ Fees and Expenses shall be for all claims for attorneys’ fees, costs and expenses, past, present, and future incurred in the Litigation in connection with Claims against Defendants.
6.2. Defendants covenant and agree on behalf of themselves and the Released Parties that, provided Plaintiff’s application for Attorneys’ Fees and Expenses is consistent with Section 6.1, they and the Released Parties shall not (a) oppose or submit any evidence or argument challenging or undermining Plaintiff’s application for Attorneys’ Fees and Expenses;
