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.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
ATTORNEYS’ FEES AND LITIGATION EXPENSES.
7.112 16. As part Lead Counsel will apply to the Court for an award of attorneys’ fees to be paid 13 from (and out of) the Settlement Fund. Lead Counsel also will apply to the Court for 14 reimbursement of Litigation Expenses, which may include a request for reimbursement of Lead 15 Plaintiff’s costs and expenses directly related to his representation of the SettlementSettlement Class, Class Counsel will make an to be 16 paid from (and out of) the Settlement Fund. Lead Counsel’s application for an award of Attorneysattorneys’ Fees 17 fees and/or Litigation Expenses is not the subject of any agreement between Defendants and Litigation Expenses. Class Counsel agrees that they Lead 18 Plaintiff, and Defendants 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 amountstake no position on the fee and expense application. The ultimate award amount of Attorneys19 attorneys’ Fees fees and expenses awarded by the Court is within the sole discretion of the Court.
20 17. Any attorneys’ fees and Litigation Expenses will be determined by the Court.
7.2. The Attorneys’ Fees and Litigation Expenses that are awarded by the Court shall be 21 paid from the sole compensation paid Settlement Fund to Lead Counsel immediately upon award, notwithstanding the 22 existence of any timely filed objections thereto, or potential for appeal therefrom, or collateral 23 attack on the Settlement or any part thereof, subject to Lead Counsel’s obligation to make 24 appropriate refunds or repayments to the Settlement Fund, plus accrued interest at the same net 25 rate as is earned by Wyndham Hotels the Settlement Fund, if the Settlement is terminated pursuant to the terms of 26 this Stipulation or if, as a result of any appeal or further proceedings on remand, or successful 27 collateral attack, the award of attorneys’ fees and/or Litigation Expenses is reduced or reversed 1 and such order reducing or reversing the award has become Final. Lead Counsel shall make the 2 appropriate refund or repayment in full no later than thirty (30) days after: (a) receiving from 3 Defendants’ Counsel notice of the termination of the Settlement; or (b) any order reducing or 4 reversing the award of attorneys’ fees and/or Litigation Expenses has become Final.
5 18. The procedure for Class Counsel representing and the class allowance or disallowance by the Court of any fee and it shall be paid separate and apart from Wyndham Hotels’ contribution 6 expense application are not part 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 7Stipulation, such withdrawal and termination are separate 7 from the Court’s consideration of the fairness, reasonableness, and adequacy of the Settlement set 8 forth in the Stipulation. An award of attorneys’ fees and/or Litigation Expenses is not a necessary 9 term of this Stipulation and is not a condition of the Settlement embodied herein. Any order or 10 proceeding relating to any fee and expense application, including an award of attorneys’ fees in an 11 amount less than the amount requested by Lead Counsel, or any appeal from any order relating 12 thereto or reversal or modification thereof, shall be treated not operate to terminate or cancel the Stipulation, 13 or affect or delay the finality of the Judgment or Alternate Judgment approving the Stipulation and 14 the Settlement set forth herein, including, but not limited to, the release, discharge, and 15 relinquishment of the Released Claims against the Defendants’ Released Parties.
16 19. With the sole exception of the Defendants making payment into the Escrow 17 Account as if provided for in ¶ 8, neither Defendants nor any of the Final Judgment were not entered under Section 15Defendants’ Released Parties 18 shall have any responsibility for or liability with respect to any payment to Lead Counsel that may 19 occur at any time.
Appears in 2 contracts
Samples: Stipulation and Agreement of Settlement, Settlement Agreement
ATTORNEYS’ FEES AND LITIGATION EXPENSES.
7.11. As part Defendants will not oppose Lead Counsel’s request for attorneys’ fees and reasonable litigation costs in an amount approved by the Court, to be paid out of the SettlementSettlement Fund, Class not to exceed the total sum of $720,000.00. Lead Counsel will make an application apply to the Court for an a collective award of Attorneysattorneys’ 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 fees and Litigation Expenses to Plaintiffs’ Counsel to be paid from (and out of) the Settlement Fund, in an amount not to exceed $720,000.00 (22.5% of the Settlement Fund).
2. Any reduction by the Court or by an appellate court of the fees and costs awarded to Lead Counsel will not be considered a material modification of this Agreement and shall not affect any of the Parties’ rights and obligations under this Agreement, and shall only serve to reduce the amount of the fees and costs payable to Lead Counsel and increase the amounts payable to Settlement Class Members. If the Court or an appellate court reduces the amount of attorneys’ fees and costs sought by Lead Counsel to less than $720,000.00, then any such reduction will not revert back to Defendants, but instead will be determined distributed to Settlement Class Members on a pro rata basis in proportion to the Settlement Amount payable to each Settlement Class Member pursuant to the Plan of Allocation. Defendants, however, retain the right to be entitled to the return of any funds by the Court.Claims Administrator that remain in the Settlement Fund after the Final Fairness Hearing resulting from Settlement Class Members who did not submit claims by the Bar Date.
7.23. The AttorneysDefendants will bear their own attorneys’ Fees fees, expenses and costs including any incurred by Defense Counsel. No amount of the attorneys’ fees, expenses or costs of this Action incurred by Defendants will be paid by or charged to Lead Counsel or any Settlement Class member.
4. Lead Counsel shall allocate 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 amongst Plaintiffs’ Counsel, and it shall be paid separate Defendants and apart from Wyndham Hotelsany other Defendants’ 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 Releasees shall have no obligation responsibility for or liability whatsoever with respect to (i) the allocation or award of any payment of Attorneysattorneys’ Fees 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.
7.5Expenses. 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 AttorneysThe attorneys’ Fees or fees and Litigation Expenses set forth in Section 7.1 above. Wyndham Hotels’ right that are awarded to terminate this Settlement Agreement pursuant to this Paragraph 7 Lead Counsel shall be exercised, if at all, no later than twenty (20) business days following payable solely from the Court’s entry of an order awarding more than the amount of Attorneys’ Fees or Litigation Expenses set forth in Section 7.1 aboveSettlement Fund.
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.
Appears in 1 contract
Samples: Settlement Agreement
ATTORNEYS’ FEES AND LITIGATION EXPENSES.
7.15 15. As part Lead Counsel will apply to the Court for a collective award of attorneys’ fees to 6 Plaintiffs’ Counsel to be paid from (and out of) the Settlement Fund. Lead Counsel also will apply 7 to the Court for reimbursement of Litigation Expenses, which may include a request for 8 reimbursement of Plaintiffs’ costs and expenses directly related to their representation of the Settlement9 Settlement Class, Class Counsel will make an to be paid from (and out of) the Settlement Fund. Lead Counsel’s application 10 for an award of Attorneysattorneys’ Fees fees and/or Litigation Expenses is not the subject of any agreement 11 between Defendants and Litigation ExpensesPlaintiffs other than what is set forth in this Stipulation.
12 16. Class Counsel agrees that they will not seek or accept an award of more than $1,600,000 in AttorneysAny 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 fees and Litigation Expenses will be determined by the Court.
7.2. The Attorneys’ Fees and Litigation Expenses that are awarded by the Court shall be 13 paid to Lead Counsel immediately upon award, notwithstanding the sole compensation paid existence of any timely filed 14 objections thereto, or potential for appeal therefrom, or collateral attack on the Settlement or any 15 part thereof, subject to Lead Counsel’s obligation to make appropriate refunds or repayments to 16 the Settlement Fund, plus accrued interest at the same net rate as is earned by Wyndham Hotels for Class the Settlement Fund, 17 if the Settlement is terminated pursuant to the terms of this Stipulation or if, as a result of any 18 appeal or further proceedings on remand, or successful collateral attack, the award of attorneys’ 19 fees and/or Litigation Expenses is reduced or reversed and such order reducing or reversing the 20 award has become Final. Lead Counsel representing shall make the class appropriate refund or repayment in full no 21 later than thirty (30) days after: (a) receiving from Defendants’ Counsel notice of the termination 22 of the Settlement; or (b) any order reducing or reversing the award of attorneys’ fees and/or 23 Litigation Expenses has become Final. An award of attorneys’ fees and/or Litigation Expenses is 24 not a necessary term of this Stipulation and it shall be paid separate and apart from Wyndham Hotels’ contribution is not a condition 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 Actionembodied herein.
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.
Appears in 1 contract
ATTORNEYS’ FEES AND LITIGATION EXPENSES.
7.1. As part of the Settlement, Class 7.1 Lead Counsel will make apply to the Court for an award of attorneys’ fees to Lead Counsel and Liaison Counsel. Lead Counsel also will apply to the Court for reimbursement of Litigation Expenses. Lead Counsel may also seek an award to pay the costs and expenses of Plaintiffs in connection with the prosecution of this Action. Lead Counsel’s application for an award of Attorneysattorneys’ Fees and fees, Litigation Expenses. Class Counsel agrees that they will , and/or costs and expenses of Plaintiffs is not seek or accept an award the subject of more any agreement between the Settling Parties other than $1,600,000 what is set forth in Attorneysthis Stipulation.
7.2 Any attorneys’ Fees or an award of more than $200,000 in fees, Litigation Expenses. Wyndham Hotels has agreed not , and any award to oppose these requested amounts. The ultimate award pay the costs and expenses of Attorneys’ Fees and Litigation Expenses will be determined by the Court.
7.2. The Attorneys’ Fees and Litigation Expenses Plaintiffs that are awarded by the Court shall be paid to Lead Counsel from 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 Settlement Fund Account, as ordered, immediately upon final approval of the Settlement Funds. Class by the Court and after the Court executes an order awarding such fees, expenses, and award, and Lead Counsel agrees that will distribute any award to pay the costs and expenses of AttorneysPlaintiffs. The U. S. Steel Defendant Releasees shall have no responsibility for the payment of attorneys’ Fees fees or Litigation Expenses, and/or any award to pay the costs of expenses of Plaintiffs beyond the obligations of the U. S. Steel Defendants to pay the Settlement Amount as set forth in ¶4.1 above.
7.3 The payment described in ¶4.1 will be made subject to Lead Counsel’s obligation to make appropriate refunds or repayments to the Settlement Fund, plus accrued interest at the same net rate as is earned by the Settlement Fund, if the Settlement is terminated pursuant to the terms of this Stipulation or if, as a result of any appeal or further proceedings on remand, or successful collateral attack, the award of attorneys’ fees, and/or Litigation Expenses, and/or any award to pay the costs and expenses of Plaintiffs is reduced or reversed and such order reducing or reversing the award has become Final.
7.4 If the Settlement is terminated for any reason, or if, as a result of any appeal or further proceedings on remand or successful collateral attack, the award of attorneys’ fees and/or Litigation Expenses will be sought solely and/or any award to pay the costs and exclusively in the Luca Action.
7.3. Within fifteen expenses of Plaintiffs is reduced or reversed, then, no later than ten (1510) business days after receiving from the Effective DateU. S. Steel Defendants’ Counsel or from a court of appropriate jurisdiction notice of the termination of the Settlement or notice of any reduction or reversal of the award of attorneys’ fees and/or Litigation Expenses and/or an award to pay the costs and expenses of Plaintiffs, Wyndham Hotels Lead Counsel shall wire refund to an account identified and maintained by Class Counsel the aggregate amount of AttorneysSettlement Fund all attorneys’ Fees fees and Litigation Expenses and any award to pay the costs and expenses of Plaintiffs previously paid to them from the Settlement Fund in an amount consistent with the reversal or reduction, plus interest earned thereon at the same net rate as is earned by the Settlement Fund. Lead Counsel agree to incorporate their obligation under the preceding sentence into any proposed order awarding attorneys’ fees and Litigation Expenses filed with the Court.
7.5 Any order or proceeding relating to Lead Counsel’s application for an award of attorneys’ fees and/or Litigation Expenses and/or any award to pay the costs and expenses of Plaintiffs is not a necessary term of this Stipulation and is not a condition of this Stipulation and shall not operate to terminate the Settlement or affect the finality or binding nature of the Settlement; Lead Counsel’s application for an award of attorneys’ fees and/or Litigation Expenses and/or any award to pay the costs and expenses of Plaintiffs shall be treated by the Court separately from the fairness, reasonableness, and adequacy of the Settlement Agreement and the Settlement. Whatever amount is awarded by the Court is within the sole discretion of the Court, and if the award is less than the amount sought by Lead Counsel, this will not be a basis for either party to Class seek to cancel or terminate the Stipulation or the Settlement.
7.6 The U. S. Steel Defendants agree to take no position on Lead Counsel. Such payment shall be in full settlement of any claim ’s request for any Attorneysattorneys’ Fees and fees and/or Litigation Expenses by Class Counsel.
7.4. Wyndham Hotels and/or any award to pay the costs and expenses of Plaintiffs and shall have no obligation or responsibility for, and no liability whatsoever with respect to (i) the allocation of to, any payment of Attorneysany type or nature whatsoever, including attorneys’ Fees fees and/or Litigation Expenses and/or any award to pay the costs and expenses of Plaintiffs, to Plaintiffs or Lead Counsel and/or any other person or entity who may assert some claim thereto, of any award 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 may make in 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 aboveAction.
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.
Appears in 1 contract
Samples: Settlement Agreement
ATTORNEYS’ FEES AND LITIGATION EXPENSES.
7.16 15. As part Lead Counsel will apply to the Court for a collective award of attorneys’ fees to 7 Plaintiff’s Counsel to be paid from (and out of) the Settlement Fund. Lead Counsel also will apply 8 to the Court for reimbursement of Litigation Expenses, which may include a request for 9 reimbursement of Lead Plaintiff’s costs and expenses directly related to his representation of the Settlement10 Settlement Class, Class Counsel will make an to be paid from (and out of) the Settlement Fund. Lead Counsel’s application for 11 an award of Attorneysattorneys’ Fees fees and/or Litigation Expenses is not the subject of any agreement between 12 Defendant and Litigation ExpensesLead Plaintiff other than what is set forth in this Stipulation.
13 16. Class Counsel agrees that they will not seek or accept an award of more than $1,600,000 in AttorneysAny 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 fees and Litigation Expenses will be determined by the Court.
7.2. The Attorneys’ Fees and Litigation Expenses that are awarded by the Court shall be 14 paid to Lead Counsel immediately upon award, notwithstanding the sole compensation paid existence of any timely filed 15 objections thereto, or potential for appeal therefrom, or collateral attack on the Settlement or any 16 part thereof, subject to Plaintiff’s Counsel’s obligation to make appropriate refunds or repayments 17 to the Settlement Fund, plus accrued interest at the same net rate as is earned by Wyndham Hotels for Class the Settlement 18 Fund, if the Settlement is terminated pursuant to the terms of this Stipulation or if, as a result of any 19 appeal or further proceedings on remand, or successful collateral attack, the award of attorneys’ fees 20 and/or Litigation Expenses is reduced or reversed and such order reducing or reversing the award 21 has become Final. Plaintiff’s Counsel representing shall make the class appropriate refund or repayment in full no 22 later than thirty (30) days after: (a) receiving from Defendant’s Counsel notice of the termination of 23 the Settlement; or (b) any order reducing or reversing the award of attorneys’ fees and/or Litigation 24 Expenses has become Final. An award of attorneys’ fees and/or Litigation Expenses is not a 25 necessary term of this Stipulation and it shall be paid separate and apart from Wyndham Hotels’ contribution is not a condition of the Settlement Fundsembodied herein. Class Neither 26 Lead Plaintiff nor Lead Counsel agrees that may cancel or terminate the Settlement based on this Court’s or 27 any award of Attorneysappellate court’s ruling with respect to attorneys’ Fees and fees and/or Litigation Expenses will be sought solely and exclusively in the Luca ActionExpenses.
7.328 17. Within fifteen (15) business days after Lead Counsel shall allocate the Effective Dateattorneys’ fees awarded amongst Plaintiff’s Counsel 1 in a manner which it, Wyndham Hotels shall wire in good faith, believes reflects the contributions of such counsel to an account identified the 2 institution, prosecution 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.
7.4the Action. Wyndham Hotels Defendant’s Releasees shall have no obligation 3 responsibility for or liability whatsoever with respect to (i) the allocation or award of any payment of Attorneysattorneys’ Fees fees or 4 Litigation Expenses. The attorneys’ fees and Litigation Expenses between or among Class Counsel; or (ii) any necessary withholdings or deductions that may be necessary are awarded to comply with Class CounselPlaintiff’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 5 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 payable solely from the Court’s entry of an order awarding more than the amount of Attorneys’ Fees or Litigation Expenses set forth in Section 7.1 aboveEscrow Account.
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.
Appears in 1 contract
Samples: Settlement Agreement