Common use of Attorneys’ Fees, and Representative Plaintiffs’ Fees Clause in Contracts

Attorneys’ Fees, and Representative Plaintiffs’ Fees. 9.1. Company Shall Pay Attorneys’ Fees. Class Counsel intend to apply to the Court for an award of Attorneys’ Fees in an amount not to exceed $50 million, which application Company agrees not to oppose. Company shall pay such Attorneys’ Fees in the amount awarded by the Court up to but not exceeding such unopposed amount in accordance with § 9.3 of this Agreement. If the Court awards Attorneys’ Fees in excess of $50 million, Class Counsel, on behalf of themselves and the Class, hereby covenant and agree to waive, release and forever discharge the amount of any such excess award and to make no effort of any kind or description ever to collect same. The Attorneys’ Fees agreed to be paid pursuant to this provision are in addition to and separate from all other consideration and remedies paid to and available to the Class Members who have not validly and timely requested to Opt-Out of this Agreement. Company shall not be obligated to pay any attorneys’ fees or expenses incurred by or on behalf of any Releasing Party in connection with the Action, other than the payment of Attorneys’ Fees in accordance with this § 9.1.

Attorneys’ Fees, and Representative Plaintiffs’ Fees. 9.1. 9.1 Company Shall Pay Attorneys’ Fees. Fees Class Counsel intend to apply to the Court for an award of Attorneys’ Fees in an amount not to exceed $50 million58,000,000.00, which application Company agrees not to oppose. Company shall pay such Attorneys’ Fees in the amount awarded by the Court up to but not exceeding such unopposed amount in accordance with § 9.3 of this Agreement. If the Court awards Attorneys’ Fees in excess of $50 million58,000,000.00, Class Counsel, on behalf of themselves and the Class, hereby covenant and agree to waive, release and forever discharge the amount of any such excess award and to make no effort of any kind or description ever to collect same. The Attorneys’ Fees agreed to be paid pursuant to this provision are in addition to and separate from all other consideration and remedies paid to and available to the Class Members who have not validly and timely requested to Opt-Out of this Agreement. Company shall not be obligated to pay any attorneys’ fees or expenses incurred by or on behalf of any Releasing Party in connection with the Action, other than the payment of Attorneys’ Fees in accordance with this § 9.1.

Attorneys’ Fees, and Representative Plaintiffs’ Fees. 9.1. 9.1 Company Shall Pay Attorneys’ Fees. Fees Class Counsel intend to apply to the Court for an award of Attorneys’ Fees in an amount not to exceed Eighteen Million Dollars ($50 million18,000,000.00), which application Company agrees not to oppose. Company shall pay such Attorneys’ Fees in the amount awarded by the Court up to but not exceeding such unopposed amount in accordance with § 9.3 of this Agreement. If the Court awards Attorneys’ Fees in excess of $50 million18,000,000, Class Counsel, on behalf of themselves and the Class, hereby covenant and agree to waive, release and forever discharge the amount of any such excess award and to make no effort of any kind or description ever to collect same. The Attorneys’ Fees agreed to be paid pursuant to this provision are in addition to and separate from all other consideration and remedies paid to and available to the Class Members who have not validly and timely requested to Opt-Out of this Agreement. Company shall not be obligated to pay any attorneys’ fees or expenses incurred by or on behalf of any Releasing Party in connection with the Action, other than the payment of Attorneys’ Fees in accordance with this § 9.1.