Attorneys’ Fees, Costs, Expenses, and Incentive Award. 16.1. Class Counsel will submit to the Court a request for attorneys’ fees to be paid from the Settlement Fund. 16.2. Class Counsel will submit to the Court a request for reimbursement of reasonable litigation costs and expenses not to exceed $30,000.00 to be paid from the Settlement Fund. 16.3. Plaintiff will submit to the Court a request for an incentive award not to exceed $10,000.00 to be paid from the Settlement Fund. 16.4. The Court’s order regarding Class Counsel’s request for attorneys’ fees, costs, and expenses, and Plaintiff’s request for an incentive award, will not affect the finality of the Settlement. 16.5. In the event that the Court declines Class Counsel’s request for attorneys’ fees, costs, and expenses, or Plaintiff’s request for an incentive award, or awards less than the amounts sought, the Settlement will continue to be effective and enforceable by the parties.

Attorneys’ Fees, Costs, Expenses, and Incentive Award. 14.1. Class Counsel will submit to the Court a request for attorneys’ fees to be paid from the Settlement Fund. 14.2. Class Counsel will submit to the Court a request for reimbursement of reasonable litigation costs and expenses to be paid from the Settlement Fund. 14.3. Plaintiffs will submit to the Court a request for an incentive award for each named plaintiff to be paid from the Settlement Fund. 14.4. The Court’s order regarding Class Counsel’s request for attorneys’ fees, costs, and expenses, and Plaintiffs’ request for incentive awards, will not affect the finality of the Settlement. 14.5. In the event that the Court declines Class Counsel’s request for attorneys’ fees, costs, and expenses, or Plaintiffs’ request for incentive awards, or awards less than the amounts sought, the Settlement will continue to be effective and enforceable by the parties.

Attorneys’ Fees, Costs, Expenses, and Incentive Award. 16.1. Class Counsel will submit a request for attorneys’ fees. 16.2. Class Counsel will submit a request for reasonable costs and expenses not to exceed $17,500.00. 16.3. Plaintiff will submit a request for an incentive award not to exceed $5,000.00. 16.4. The Court’s order regarding Class Counsel’s request for attorneys’ fees, costs, and expenses, and Plaintiff’s request for an incentive award, will not affect the finality of the Settlement. 16.5. In the event the Court declines Class Plaintiff’s requests for attorneys’ fees, costs or an incentive award, or awards less than the amounts sought, the Settlement will continue to be effective and enforceable by the parties.

Attorneys’ Fees, Costs, Expenses, and Incentive Award. 11.1 Class Counsel will submit to the Court, no later than 35 days before the Claims Deadline and the Objection and Exclusion deadline, a request for reasonable attorneys’ fees to be paid from the Settlement Fund. 11.2 Class Counsel will submit to the Court a request for reasonable litigation costs and expenses actually incurred, not to exceed $25,000.00, to be paid from the Settlement Fund. 11.3 Plaintiff will submit to the Court a request for an incentive award not to exceed $5,000.00 to be paid from the Settlement Fund.

Attorneys’ Fees, Costs, Expenses, and Incentive Award. 9.1. Defendant agrees not to oppose Class Counsel’s request for attorneys’ fees in an amount not to exceed thirty-percent of the settlement fund. 9.2. Defendant agrees not to oppose Class Counsel’s request for reasonable costs and expenses not to exceed $25,000. 9.3. Defendant agrees not to oppose Plaintiff’s request for an incentive award not to exceed $20,000. 9.4. The court’s order regarding Class Counsel’s request for attorneys’ fees, costs, and expenses, and Plaintiff’s request for an incentive award, will not affect the finality of the class action settlement.

Attorneys’ Fees, Costs, Expenses, and Incentive Award

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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.
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.
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, 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.
Costs, Expenses and Fees (a) Clause 11.11 (Transaction Costs) of the Amended Facility Agreement applies to this Agreement as if it were expressly incorporated in it with any necessary modifications. (b) The Borrower shall pay to the Agent (for the account of each Lender) such fees in the amount and at the times specified in the relevant November 2023 Fee Letters.
Fees, Expenses and Reimbursement (a) The Board may cause the Fund to compensate each Manager who is not an "interested person" of the Fund (as defined in the 1940 Act), and such Manager shall be reimbursed by the Fund for reasonable travel and out-of-pocket expenses incurred by him in performing his duties under this Agreement. (b) The Fund shall bear all costs and expenses incurred in its business and operations. Costs and expenses to be borne by the Fund include, but are not limited to, the following: (1) all costs and expenses directly related to investment transactions and positions for the Fund's account, including, but not limited to, brokerage commissions, research fees, interest and commitment fees on loans and debit balances, borrowing charges on securities sold short, dividends on securities sold but not yet purchased, custodial fees, margin fees, transfer taxes and premiums, taxes withheld on foreign dividends, and indirect expenses from investments in Investment Funds; (2) all costs and expenses associated with the operation and registration of the Fund, offering costs and the costs of compliance with applicable Federal and state laws; (3) all costs and expenses associated with the organization and operation of separate Investment Funds managed by Investment Managers retained by the Fund; (4) the costs and expenses of holding meetings of the Board and any meetings of Members, including costs associated with the preparation and dissemination of proxy materials; (6) the fees and disbursements of the Fund's counsel, legal counsel to the Independent Managers, auditing and accounting expenses and fees and disbursements for independent accountants for the Fund, and other consultants and professionals engaged on behalf of the Fund; (7) the fees payable to custodians and other persons providing administrative services to the Fund; (8) the costs of a fidelity bond and any liability insurance obtained on behalf of the Fund or the Board or Indemnitees; (9) all costs and expenses of preparing, setting in type, printing, and distributing reports and other communications to Members; and (10) such other types of expenses as may be approved from time to time by the Board. (c) Subject to procuring any required regulatory approvals, from time to time the Fund may, alone or in conjunction with other registered or unregistered investment funds or other accounts for which CSFB Alternative Capital, or any Affiliate of CSFB Alternative Capital, acts as general partner or investment adviser, purchase insurance in such amounts, from such insurers and on such terms as the Board shall determine.
Costs, Expenses and Legal Fees Whether or not the transactions contemplated hereby are consummated, each party hereto shall bear its own costs and expenses (including attorneys' fees), except that each party hereto agrees to pay the costs and expenses (including reasonable attorneys' fees and expenses) incurred by the other parties in successfully (a) enforcing any of the terms of this Agreement or (b) proving that another party breached any of the terms of this Agreement.
Expenses and Costs Each Borrower, jointly and severally, agrees to pay and to save the Agent and the Lenders harmless for the payment of all fees, out-of-pocket disbursements, and other costs and expenses incurred by or on behalf of the Agent or any Lender arising in any way in connection with this Amendment, or any other document relating to indebtedness described in the recitals to this Amendment, including the fees and expenses of Dickinson Wright PLLC, counsel to the Agent, and AlixPartners, LLC, cxxxxxxxxx xx xxx Agent, and specifically including, without limitation, (a) the cost of any financial audit or inquiry conducted by the Agent, any Lender or their consultants, (b) the fees and expenses of counsel for the Agent or any Lender for the work performed as a result of the Borrowers' defaults or financial problems, and for the preparation, examination and approval of this Amendment or any documents in connection with this Amendment, (c) for the payment of all fees and out-of-pocket disbursements incurred by the Agent or any Lender, including attorneys' fees, in any way arising from or in connection with any action taken by the Agent or any Lender to monitor, advise, enforce or collect the obligations described in the recitals hereto or to enforce any obligations of the Borrowers or any Guarantor under this Amendment or the other documents referred to herein, including any actions to lift the automatic stay or to otherwise in any way participate in any bankruptcy, reorganization or insolvency proceeding of any Borrower or Guarantor or in any trial or appellate proceedings, and (d) any expenses or fees (including attorneys' fees) incurred in relation to or in defense of any litigation instituted by any Borrower, any Guarantor or any third party against the Agent or any Lender arising from or relating to the obligations described in the recitals hereto or this Amendment, including any so-called "lender liability" action. All of these expenses and fees (including attorneys' fees) shall be part of the Obligations owing under the Credit Agreement, and shall be secured by all of the collateral described in the Collateral Documents. In the event the Borrowers fail to pay any such fees, expenses and costs within five (5) days of being invoiced therefor, the Agent or the Lenders, as the case may be, shall be permitted to charge the accounts of any Borrower for such fees, expenses and costs, without prejudice to any other rights or remedies of the Agent or the Lenders. The rights and remedies of the Agent and the Lenders contained in this paragraph shall be in addition to, and not in lieu of, the rights and remedies contained in the Credit Agreement, the Collateral Documents and as otherwise provided by law.
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.
Costs, Expenses Each party hereto shall bear its own costs in connection with the preparation, execution and delivery of this Agreement.

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