Attorneys’ Fees, Costs, and Expenses and Plaintiff Service Awards Sample Clauses

Attorneys’ Fees, Costs, and Expenses and Plaintiff Service Awards. As part of the Settlement, Settlement Class Counsel shall make a Fee and Expense Application to the MDL Court for a Fee and Expense Award. Settlement Class Counsel agree not to seek, and DuPont shall not be obligated to pay, attorneys’ fees and expenses in conjunction with this Settlement in excess of seven million dollars ($7,000,000), consisting of six million five hundred thousand dollars ($6,500,000) in fees and five hundred thousand dollars ($500,000) in costs. DuPont shall not oppose a Fee and Expense Application up to a maximum of $6,500,000 for fees and $500,000 for costs. DuPont’s payment of the Fee and Expense Award in conjunction with this Settlement is separate from and in addition to the other relief afforded the Settlement Class Members under this Agreement. The Court’s Fee and Expense Award, as set forth above, shall be separate from its determination of whether to approve the Settlement. In the event the Court approves the Settlement, but denies, in whole or in part, the Fee and Expense Application by Settlement Class Counsel, the Settlement will nevertheless be binding on the Parties. If the Court declines to approve the Settlement, no Fee and Expense Award shall be paid. All Fees, Costs, and Expenses in the Fee and Expense Award shall be allocated by Interim Co-Lead Counsel, at their sole discretion among Settlement Class Counsel. DuPont’s obligations relating to the above- referenced attorneys’ fees and expenses in conjunction with the Settlement is conditioned on Court approval of the Fee and Expense Application and shall be limited to the Fee and Expense Award. As part of the Fee and Expense Application, Settlement Class Counsel will petition the Court for, and DuPont will not oppose, Plaintiff Service Awards for the named plaintiffs in the Complaint in a total amount of $1,500 for each individual property owner named as a plaintiff in the Complaint and $2,500 for each entity (including but not limited to LCOs, golf course, and multi-owner or multi-tenant commercial properties, and/or the business entities that own or comprise each of them) named as a plaintiff in the Complaint. DuPont’s obligations relating to the above-referenced Plaintiff Service Awards in conjunction with the Settlement is conditioned on Court approval of such Plaintiff Service Awards and the Agreement becoming Final. DuPont will pay the Fee and Expense Award in conjunction with the Agreement in full within 10 days of Final Approval. In the event that Final Approva...
AutoNDA by SimpleDocs

Related to Attorneys’ Fees, Costs, and Expenses and Plaintiff Service Awards

  • ATTORNEYS’ FEES, COSTS, AND EXPENSES In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

  • ATTORNEY’S FEES; COSTS Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.

  • Costs, Expenses and Attorneys’ Fees Borrower shall pay to Bank immediately upon demand the full amount of all payments, advances, charges, costs and expenses, including reasonable attorneys' fees (to include outside counsel fees and all allocated costs of Bank's in-house counsel), expended or incurred by Bank in connection with (a) the negotiation and preparation of this Agreement and the other Loan Documents, Bank's continued administration hereof and thereof, and the preparation of any amendments and waivers hereto and thereto, (b) the enforcement of Bank's rights and/or the collection of any amounts which become due to Bank under any of the Loan Documents, and (c) the prosecution or defense of any action in any way related to any of the Loan Documents, including without limitation, any action for declaratory relief, whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any adversary proceeding, contested matter or motion brought by Bank or any other person) relating to any Borrower or any other person or entity.

  • Attorneys’ Fees and Expenses Evidence that the costs and expenses (including reasonable attorneys’ fees) referred to in Section 12.1, to the extent invoiced, shall have been paid in full by Borrower;

  • ATTORNEYS’ FEES AND LITIGATION EXPENSES 16. 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.

  • Fees, Costs and Expenses All fees, costs and expenses (including attorneys’ fees and expenses) incurred by any party hereto in connection with the preparation, negotiation and execution of this Agreement and the exhibits and schedules hereto and the consummation of the transactions contemplated hereby and thereby shall be the sole and exclusive responsibility of such party. In addition, the Company will pay the costs associated with any filings with, or compliance with any of the requirements of any governmental authorities.

  • Attorneys’ Fees and Costs If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.

  • Costs and Expenses The Borrower shall pay (i) all reasonable out-of-pocket expenses incurred by the Administrative Agent and its Affiliates (including the reasonable fees, charges and disbursements of counsel for the Administrative Agent), in connection with the syndication of the credit facilities provided for herein, the preparation, negotiation, execution, delivery and administration of this Agreement and the other Loan Documents or any amendments, modifications or waivers of the provisions hereof or thereof (whether or not the transactions contemplated hereby or thereby shall be consummated), (ii) all reasonable out-of-pocket expenses incurred by the L/C Issuer in connection with the issuance, amendment, renewal or extension of any Letter of Credit or any demand for payment thereunder and (iii) all out-of-pocket expenses incurred by the Administrative Agent, any Lender or the L/C Issuer (including the fees, charges and disbursements of any counsel for the Administrative Agent, any Lender or the L/C Issuer), and shall pay all fees and time charges for attorneys who may be employees of the Administrative Agent, any Lender or the L/C Issuer, in connection with the enforcement or protection of its rights (A) in connection with this Agreement and the other Loan Documents, including its rights under this Section, or (B) in connection with the Loans made or Letters of Credit issued hereunder, including all such out-of-pocket expenses incurred during any workout, restructuring or negotiations in respect of such Loans or Letters of Credit.

  • Agreement to Pay Attorneys’ Fees and Expenses In the event the Company should default under any of the provisions of this Lease Agreement and the Agency should employ attorneys or incur other expenses for the collection of amounts payable hereunder or the enforcement of performance or observance of any obligations or agreements on the part of the Company herein contained, the Company shall, on demand therefor, pay to the Agency the reasonable fees of such attorneys and such other expenses so incurred.

  • Costs, Fees and Expenses Except as otherwise specifically provided herein, each party hereto agrees to pay all costs, fees and expenses which it has incurred in connection with or incidental to the matters contained in this Agreement, including without limitation any fees and disbursements to its accountants and counsel; provided, that the Assuming Institution shall pay all fees, costs and expenses (other than attorneys' fees incurred by the Receiver) incurred in connection with the transfer to it of any Assets or Liabilities Assumed hereunder or in accordance herewith.

Time is Money Join Law Insider Premium to draft better contracts faster.