Common use of Attorneys’ Fees and Expenses Sought Clause in Contracts

Attorneys’ Fees and Expenses Sought. Court-appointed Lead Counsel, Xxxxxxxxx Litowitz Xxxxxx & Xxxxxxxxx LLP, which has been prosecuting the Action on a wholly contingent basis since its inception, has not received any payment of attorneys’ fees for its representation of the Settlement Class and has advanced the funds to pay expenses necessarily incurred to prosecute this Action. Lead Counsel will apply to the Court for an award of attorneys’ fees in an amount not to exceed 20% of the Settlement Amount, plus interest. In addition, Lead Counsel will apply for reimbursement of Litigation Expenses paid or incurred in connection with the institution, prosecution and resolution of the claims against the Defendants, in an amount not to exceed $300,000, which may include an application for reimbursement of the reasonable costs and expenses incurred by Lead Plaintiff directly related to its representation of the Settlement Class. Any fees and expenses awarded by the Court will be paid from the Settlement Fund. Settlement Class Members are not personally liable for any such fees or expenses. If the Court approves Lead Counsel’s fee and expense application, the average cost per affected share of OSI common stock will be approximately $0.22.

Appears in 1 contract

Samples: Stipulation and Agreement of Settlement

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Attorneys’ Fees and Expenses Sought. Court-appointed Lead Plaintiffs’ Counsel, Xxxxxxxxx Litowitz Xxxxxx & Xxxxxxxxx LLP, which has have been prosecuting the Action on a wholly contingent basis since its inceptioninception in 2015, has have not received any payment of attorneys’ fees for its their representation of the Settlement Class and has have advanced the funds to pay expenses necessarily incurred to prosecute this Action. Court- appointed Lead Counsel Counsel, Xxxxxx Xxxxxxx & Xxxxxx LLP, will apply to the Court for an award of attorneys’ fees for all Plaintiffs’ Counsel in an amount not to exceed 20331/3% of the Settlement Amount, plus interestFund. In addition, Lead Counsel will apply for reimbursement of Litigation Expenses paid or incurred in connection with the institution, prosecution and resolution of the claims against the Defendants, in an amount not to exceed $300,000225,000, which may include an application for reimbursement of the reasonable costs and expenses incurred by Lead Plaintiff Plaintiffs directly related to its their representation of the Settlement Class. Any fees and expenses awarded by the Court will be paid from the Settlement Fund. Settlement Class Members are not personally liable for any such fees or expenses. If Estimates of the average cost per affected share of Endurance common stock, if the Court approves Lead Counsel’s fee and expense application, the average cost is $0.088 per affected share of OSI common stock will be approximately $0.22eligible share.

Appears in 1 contract

Samples: Settlement Agreement

Attorneys’ Fees and Expenses Sought. Court-appointed Lead Counsel, Xxxxxxxxx Litowitz Xxxxxxxx Xxxxxx & Xxxxxxxxx LLP, which has been prosecuting the Action on a wholly contingent basis since its inceptioninception in 2016, has not received any payment of attorneys’ fees for its their representation of the Settlement Class and has advanced the funds to pay expenses necessarily incurred to prosecute this Action. Lead Counsel will apply to the Court for an award of attorneys’ fees in an amount not to exceed 2024% of the Settlement Amount, plus interestFund. In addition, Lead Counsel will apply for reimbursement of Litigation Expenses paid or incurred in connection with the institution, prosecution and resolution of the claims against the DefendantsAction, in an amount not to exceed $300,000400,000, which may include an application for reimbursement of the reasonable costs and expenses incurred by Lead Plaintiff directly related to its representation of the Settlement Class. Any attorneys’ fees and expenses awarded by the Court will be paid from the Settlement Fund. Settlement Class Members are not personally liable for any such fees or expenses. If The estimated average cost for such fees and expenses, if the Court approves Lead Counsel’s fee and expense application, the average cost is $0.81 per affected share of OSI common stock will be approximately $0.22share.

Appears in 1 contract

Samples: Stipulation and Agreement of Settlement

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Attorneys’ Fees and Expenses Sought. Court-appointed Lead Plaintiff’s Counsel, Xxxxxxxxx Litowitz Xxxxxx & Xxxxxxxxx LLP, which has have been prosecuting the Action on a wholly contingent basis since its inceptioninception in 2019, has have not received any payment of attorneys’ fees for its their representation of the Settlement Class and has have advanced the funds to pay expenses necessarily incurred to prosecute this Action. Court-appointed Lead Counsel Counsel, Xxxxxx Xxxxxxx & Xxxxxx LLP, will apply to the Court for an award of attorneys’ fees for all Plaintiff’s Counsel in an amount not to exceed 20% 33⅓% of the Settlement Amount, plus interestFund. In addition, Lead Counsel will apply for reimbursement of Litigation Expenses paid or incurred in connection with the institution, prosecution and resolution of the claims against the DefendantsDefendant, in an amount not to exceed $300,000120,000, which may include an application for reimbursement of the reasonable costs and expenses incurred by Lead Plaintiff directly related to its his representation of the Settlement ClassClass in an amount not to exceed $10,000. Any fees and expenses awarded by the Court will be paid from the Settlement Fund. Settlement Class Members are not personally liable for any such fees or expenses. If Estimates of the average cost per affected share of Adamas common stock, if the Court approves Lead Counsel’s fee and expense application, the average cost is $0.098 per affected share of OSI common stock will be approximately $0.22eligible share.

Appears in 1 contract

Samples: Settlement Agreement

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