ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS Sample Clauses

ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS. 78. SPE agrees not to oppose Class Counsel’s request for attorneys’ fees, costs, and expenses of up to $3,490,000. Any award of attorneys’ fees, costs, and expenses shall be paid by SPE separate and apart from the cash payments described in Section X. 79. Class Counsel will ask the Court to approve, and SPE will not oppose, service awards not to exceed $24,000 in total to compensate Plaintiffs and $10,000 in total to compensate Additional Plaintiffs for their efforts in the litigation and commitment on behalf of the Settlement Class (“Service Awards”). Neither Class Counsel’s application for, nor any individual’s entitlement to, a Service Award shall be conditioned in any way upon such individual’s support for this Agreement. 80. Within ten business days of the Effective Date, SPE shall pay to Class Counsel all Court- approved attorneys’ fees, costs, and expenses, and Service Awards, not to exceed $3,524,000. In the event that the award of attorneys’ fees, costs, and expenses, or Service Awards, is reduced on appeal, SPE shall only pay the reduced amount of such award. Class Counsel shall timely furnish to SPE any required tax information or forms before the payment is made. 81. The payment of attorneys’ fees, costs, and expenses pursuant to Paragraph 78, and the payment of Service Awards pursuant to Paragraph 79, shall be made through a wired deposit by SPE into the attorney client trust account to be designated by Class Counsel. After the attorneys’ fees, costs, and expenses have been deposited into this account, Class Counsel shall be solely responsible for allocating such attorneys’ fees, costs, and expenses and distributing each participating firm’s allocated share of such attorneys’ fees, costs, and expenses to that firm and SPE shall have no responsibility for distribution of attorneys’ fees, costs, or expenses among participating firms. After the Service Awards have been deposited into the designated account, Class Counsel shall be solely responsible for allocating such Service Awards to the recipients designated by the Court, and SPE shall have no responsibility for such distribution. 82. In the event the Court declines to approve, in whole or in part, the payment of attorneys’ fees, costs, and expenses, or the payment of the Service Awards, in the amounts that Class Counsel requests, the remaining provisions of this Agreement shall remain in full force and effect. No order of the Court, or modification or reversal or appeal of any order of the Co...
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ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS. 6.1. Class Counsel may apply to the Court for an award of reasonable attorneys’ fees and expenses, inclusive of costs, up to, but not to exceed, the total combined sum of $2,000,000 (Two Million Dollars). FCA US will not oppose Class Counsel’s petition for Attorneys’ Fees and Expenses up to and not exceeding this amount, and Class Counsel will not accept any amount for attorneys’ fees and expenses in excess of the above amount. Each party will have the right of appeal to the extent the amount awarded is inconsistent with this Agreement. 6.2. Attorneys’ Fees, Costs, and Expenses shall be in addition to the benefits provided directly to the Settlement Class (and shall be in addition to the Service Awards) and shall not reduce or otherwise have any effect on the benefits made available to the Settlement Class. 6.3. Upon finalization of this Settlement Agreement, FCA US will not oppose Plaintiffs’ request that FCA US separately pay Service Awards of $3,000 (Three Thousand Dollars) to each of the Class Representatives through Co-Lead Class Counsel. 6.4. FCA US shall pay Class Counsel the Service Awards and any Attorneys’ Fees, Costs, and Expenses awarded by the Court within 30 days following the later of: (i) the Effective Date or (ii) the first date after the Court enters an order awarding Attorneys’ Fees, Costs, and Expenses and Service Awards, and all appellate rights with respect to said order have expired or been exhausted in such a manner as to affirm the order. Within 3 days following (i) the Effective Date or (ii) the first date after the Court enters an order awarding Attorneys’ Xxxx, Costs, and Expenses and Service Awards, and all appellate rights with respect to said order have expired or been exhausted in such a manner as to affirm the order, Class Counsel shall provide FCA US a W- 9 and instructions for receipt of the Court awarded Attorneys’ Fees, Costs, and Expenses, and Service Awards.
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ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS. 10.1. Class Counsel may file a Fee Application seeking an award of attorneys’ fees and reimbursement of reasonable expenses of no more than $750,000, and a Service Award of $2,500 to Plaintiff, all of which shall, if approved by the Court, be paid by BRSI wholly separate and apart from and without any affect upon or reduction of the Settlement Consideration. Neither Class Counsel’s application for, nor any individual’s entitlement to, a Service Award shall be conditioned in any way upon such individual’s support for this Agreement. 10.2. BRSI will not oppose any motion by Class Counsel for an award of attorneys’ fees and reimbursement of reasonable expenses of up to $750,000, and Service Award to Plaintiff of up to $2,500. BRSI agrees that it has no right to appeal the amount of any award of attorneys’ fees, costs or Service Awards so long as the amounts awarded do not exceed $750,000 for attorneys’ fees and expenses and $2,500 for the Service Award. BRSI reserves the right to object to a fee request that exceeds the terms outlined in this paragraph. 10.3. Class Counsel must file the Fee Application, if at all, at least fourteen (14) days prior to the Objection Deadline. 10.4. Within fourteen (14) days after entry of the Final Approval Order, Defendant will pay the attorneys’ fees and expenses, and Service Award approved by the Court separate and apart from any other amounts or relief provided herein.
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ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS. 13.1 The total of all applications for attorneys’ fees, costs and expenses by Class Counsel and any other person on behalf of Settlement Class Members shall not exceed $8,595,000. Class Counsel agree that the amount of such fees and expenses awarded shall fully compensate them for all work, costs and expenses in this Action for the claims asserted before and after entry of Final Judgment. Class Counsel agrees that they will not seek an award of attorneys’ fees and expenses in this Action in excess of the foregoing total amount, and Defendant agrees not to oppose or otherwise object to an application by Class Counsel for an award of attorneys’ fees and expenses in this Action that does not exceed the foregoing total amount. 13.2 The amount of any attorneys’ fees, costs and expenses awarded by this Court will not reduce the award to any Class Member under this Settlement. The timing for State Farm’s payment of any such attorneys’ fees, costs and expenses is set forth below in Sections 13.3 and
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ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS. 9.1 The Parties were unable to agree upon the amount of Attorneys’ Fees, Costs and Expenses to be awarded to Plaintiffs. To resolve the dispute over the amount, Class Counsel shall file a Fee Application seeking an Attorneys’ Fees and Expense Award and a Service Award to Plaintiffs, all of which shall, in an amount approved by the Court, be paid to Class Counsel by Defendant in addition to all other amounts required to be paid by Defendant under this agreement. Any Service Award paid to Plaintiffs will reduce the total amount payable to the Settlement Class of Four Hundred Twenty-Five Thousand Dollars ($425,000.00) as described in Section 2.1(a). Neither Class Counsel’s application for, nor any individual’s entitlement to, a Service Award shall be conditioned in any way upon such individual’s support for this Agreement. 9.2 Class Counsel must file the Fee Application, , at least thirty (30) days prior to the Objection Deadline. 9.3 Within forty-five (45)) days after entry of the Final Approval Order, Defendant will pay the Attorneys’ Fees and Expense Award and Service Award approved by the Court.
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Related to ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND 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.

  • Attorneys’ 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.

  • Attorneys’ Fees; Expenses Xxxxxxxx agrees to pay upon demand all of Xxxxxx’s costs and expenses, including Xxxxxx’s attorneys’ fees and Xxxxxx’s legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement, and Borrower shall pay the costs and expenses of such enforcement. Costs and expenses include Xxxxxx’s attorneys’ fees and legal expenses whether or not there is a lawsuit, including attorneys’ fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also shall pay all court costs and such additional fees as may be directed by the court.

  • 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.

  • 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 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;

  • 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.

  • Other Costs and Expenses Seller shall reimburse Agent, each Purchaser Agent and each Conduit on demand for all costs and out-of-pocket expenses in connection with the preparation, negotiation, arrangement, execution, delivery, enforcement and administration of this Agreement, the transactions contemplated hereby and the other documents to be delivered hereunder, including without limitation, the cost of any Conduit’s auditors auditing the books, records and procedures of Seller, reasonable fees and out-of-pocket expenses of legal counsel for any Conduit, any Purchaser Agent and/or Agent (which such counsel may be employees of any Conduit, any Purchaser Agent or Agent) with respect thereto and with respect to advising any Conduit, any Purchaser Agent and/or Agent as to their respective rights and remedies under this Agreement. Seller shall reimburse Agent and each Purchaser Agent on demand for any and all costs and expenses of Agent, the Purchaser Agents and the Purchasers, if any, including reasonable counsel fees and expenses in connection with the enforcement of this Agreement and the other documents delivered hereunder and in connection with any restructuring or workout of this Agreement or such documents, or the administration of this Agreement following an Amortization Event. Seller shall reimburse each Conduit on demand for all other costs and expenses incurred by such Conduit (“Other Costs”), including, without limitation, the cost of auditing such Conduit’s books by certified public accountants, the cost of rating the Commercial Paper of such Conduit by independent financial rating agencies, and the reasonable fees and out-of-pocket expenses of counsel for such Conduit or any counsel for any shareholder of such Conduit with respect to advising such Conduit or such shareholder as to matters relating to such Conduit’s operations.

  • Compensation; Allocation of Costs and Expenses (a) In full consideration of the provision of the services of the Administrator, the Corporation shall reimburse the Administrator for the costs and expenses incurred by the Administrator in performing its obligations and providing personnel and facilities hereunder, including the costs and expenses charged by any sub-administrator that may be retained by the Administrator to provide services to the Corporation or on the Administrator’s behalf. (b) The Corporation will bear all costs and expenses that are incurred in its operation, administration, and transactions and not specifically assumed by the Corporation’s investment adviser (the “Adviser”), pursuant to that certain Investment Advisory Agreement, dated as of [•], 2021, by and between the Corporation and the Adviser (the “Advisory Agreement”). Costs and expenses to be borne by the Corporation include, but are not limited to, those relating to: expenses deemed to be “organization and offering expenses” of the Corporation for purposes of Conduct Rule 2310(a)(12) of the Financial Industry Regulatory Authority (for purposes of this Agreement, such expenses, exclusive of commissions, the dealer manager fee and any discounts, are hereinafter referred to as “Organization and Offering Expenses”); expenses incurred by the Adviser and payable to third parties, including agents, consultants and other advisors, in monitoring the financial and legal affairs of the Corporation, and news and quotation subscriptions; the cost of calculating the Corporation’s net asset value; the cost of effecting sales and repurchases of shares of the Corporation’s common stock and other securities; management and incentive fees payable pursuant to the Advisory Agreement; fees payable to third parties, including agents, consultants and other advisors, relating to, or associated with, making investments, and, if necessary, enforcing its rights, and valuing investments (including third-party valuation firms); placement agent fees and expenses, rating agency expenses; fees to arrange debt financings for the Corporation; distributions on the Corporation’s shares; administration fees payable under this Agreement; the allocated costs incurred by the Administrator in providing managerial assistance to those portfolio companies that request it; transfer agent and custodial fees; fees and expenses associated with marketing efforts (including attendance at investment conferences and similar events); federal and state registration fees; any exchange listing fees; federal, state, local, and other taxes; independent directors’ fees and expenses, including any legal counsel or other advisors retained by, or at the discretion or for the benefit of, the independent directors; brokerage commissions; costs of proxy statements, stockholders’ reports and notices; costs of preparing government filings, including periodic and current reports with the SEC; the Corporation’s fidelity bond, directors and officers/errors and omissions liability insurance, and any other insurance premiums; indemnification payments; expenses relating to the development and maintenance of the Corporation’s website; other operations and technology costs; direct costs and expenses of administration, including printing, mailing, copying, telephone, fees of independent accountants and outside legal costs; and all other expenses incurred by the Corporation or the Administrator in connection with administering the Corporation’s business, including, but not limited to, payments under this Agreement based upon the Corporation’s allocable portion of the Administrator’s overhead in performing its obligations under this Agreement, including rent, travel and the allocable portion of the cost of the Corporation’s chief compliance officer and chief financial officer and their respective staffs, including operations and tax professionals, and administrative staff providing support services in respect of the Corporation.

  • 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.

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