ATTORNEYS’ FEES AND LITIGATION EXPENSES. Lead Counsel will apply to the Court for a collective award of attorneys’ fees to Plaintiffs’ Counsel to be paid solely from (and out of) the Settlement Fund. Lead Counsel also will apply to the Court for payment or reimbursement of Litigation Expenses, which may include a request for reimbursement of Lead Plaintiff’s costs and expenses directly related to its representation of the Settlement Class, to be paid solely from (and out of) the Settlement Fund. Lead Counsel’s application for an award of attorneys’ fees and/or Litigation Expenses is not the subject of any agreement between Defendants and Lead Plaintiff other than what is set forth in this Stipulation.
ATTORNEYS’ FEES AND LITIGATION EXPENSES. Class Counsel will file a motion requesting an award of attorneys’ fees of up to 38% of the Settlement Amount, plus actual litigation expenses not exceeding $30,000. Defendant has agreed that it will take no position regarding these requests, provided the requests made to the Court are consistent with this Section. As soon as practicable following the Effective Date, the Settlement Administrator will pay to Class Counsel from the Settlement Amount the attorneys’ fees and litigation expenses awarded by the Court. These amounts are all subject to Court approval.
ATTORNEYS’ FEES AND LITIGATION EXPENSES.
7.1. As part of the Settlement, Class Counsel will make an application for an award of Attorneys’ Fees and Litigation Expenses. Class Counsel agrees that they will not seek or accept an award of more than $1,600,000 in Attorneys’ Fees or an award of more than $200,000 in Litigation Expenses. Wyndham Hotels has agreed not to oppose these requested amounts. The ultimate award of Attorneys’ Fees and Litigation Expenses will be determined by the Court.
7.2. The Attorneys’ Fees and Litigation Expenses awarded by the Court shall be the sole compensation paid by Wyndham Hotels for Class Counsel representing the class and it shall be paid separate and apart from Wyndham Hotels’ contribution of the Settlement Funds. Class Counsel agrees that any award of Attorneys’ Fees and Litigation Expenses will be sought solely and exclusively in the Luca Action.
7.3. Within fifteen (15) business days after the Effective Date, Wyndham Hotels shall wire to an account identified and maintained by Class Counsel the aggregate amount of Attorneys’ Fees and Litigation Expenses awarded by the Court to Class Counsel. Such payment shall be in full settlement of any claim for any Attorneys’ Fees and Litigation Expenses by Class Counsel.
7.4. Wyndham Hotels shall have no obligation or liability whatsoever with respect to (i) the allocation of any payment of Attorneys’ Fees or Litigation Expenses between or among Class Counsel; or (ii) any necessary withholdings or deductions that may be necessary to comply with Class Counsel’s other legal obligations, including but not limited to tax obligations.
7.5. Notwithstanding anything to the contrary in this Settlement Agreement, Wyndham Hotels may, at its sole discretion, terminate this Settlement Agreement on written notice to Class Counsel should the Court award more than the amount of Attorneys’ Fees or Litigation Expenses set forth in Section 7.1 above. Wyndham Hotels’ right to terminate this Settlement Agreement pursuant to this Paragraph 7 shall be exercised, if at all, no later than twenty (20) business days following the Court’s entry of an order awarding more than the amount of Attorneys’ Fees or Litigation Expenses set forth in Section 7.1 above.
7.6. Should Wyndham Hotels elect to withdraw from and terminate this Settlement Agreement pursuant to the provisions set forth in this Paragraph 7, such withdrawal and termination shall be treated as if the Final Judgment were not entered under Section 15.
ATTORNEYS’ FEES AND LITIGATION EXPENSES. In the event that you and the Company become involved in legal action regarding the enforcement of this Appendix A and the Company is awarded any relief by the court in such legal action, you shall reimburse the Company for all reasonable attorneys’ fees, expenses, and costs incurred by the Company in connection with such suit.
ATTORNEYS’ FEES AND LITIGATION EXPENSES. Lead Counsel will apply to the Court for a collective award of attorneys’ fees to Plaintiffs’ Counsel to be paid from (and out of) the Settlement Fund. Lead Counsel also will apply to the Court for an award of Litigation Expenses, which may include a request for a Reimbursement to Lead Plaintiffs, to be paid from (and out of) the Settlement Fund. Lead Counsel’s application for an award of attorneys’ fees and/or Litigation Expenses are not the subject of any agreement between Defendants and Lead Plaintiffs other than what is set forth in this Stipulation.
ATTORNEYS’ FEES AND LITIGATION EXPENSES. Co-Class Counsel will apply to the Court, on behalf of Plaintiffs’ Counsel, for an award from the Settlement Fund of attorneys’ fees and payment of Litigation Expenses incurred in prosecuting the Action, including the costs and expenses of Class Representatives directly related to their representation of the Class pursuant to the PSLRA, plus earnings on such amounts at the same rate and for the same periods as earned by the Settlement Fund.
ATTORNEYS’ FEES AND LITIGATION EXPENSES. In the event that any legal --------------------------------------- proceeding concerning the validity, enforcement or interpretation of the provisions of this Agreement is instituted, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and other litigation expenses incurred in such proceeding, in addition to any other relief to which it may be entitled, from the losing party.
ATTORNEYS’ FEES AND LITIGATION EXPENSES. Lead Counsel will apply to the Court for an award from the Settlement Fund of attorneys’ fees and payment of Litigation Expenses incurred in prosecuting the Action, including reimbursement to Lead Plaintiff pursuant to the PSLRA, plus earnings on such amounts at the same rate and for the same periods as earned by the Settlement Fund.
ATTORNEYS’ FEES AND LITIGATION EXPENSES. Lead Counsel will apply to the Court for an award of attorneys’ fees to Plaintiffs’ Counsel to be paid from (and out of) the Settlement Fund. Lead Counsel also will apply to the Court for reimbursement of Plaintiffs’ Counsel’s Litigation Expenses, which may include a request for reimbursement of Lead Plaintiffs’ costs and expenses directly related to its representation of the Settlement Class, to be paid from (and out of) the Settlement Fund. Lead Counsel’s application for an award of attorneys’ fees and/or Litigation Expenses is not the subject of any agreement between Defendants and Lead Plaintiffs other than what is set forth in this Stipulation. Defendants shall take no position with respect to any fee and expense application.
ATTORNEYS’ FEES AND LITIGATION EXPENSES. Lead Counsel will apply to the Court for a collective award of 3 attorneys’ fees to Plaintiffs’ Counsel to be paid from (and out of) the Settlement 4 Fund. Lead Counsel also will apply to the Court for reimbursement of Litigation 5 Expenses, which may include a request for reimbursement of Plaintiffs’ costs and 6 expenses directly related to their representation of the Class, to be paid from (and 7 out of) the Settlement Fund. Lead Counsel’s application for an award of attorneys’ 8 fees and/or Litigation Expenses is not the subject of any agreement between 9 Defendants and Plaintiffs other than what is set forth in this Stipulation.
