ATTORNEYS’ FEES, EXPENSES, AND COSTS. 5.1 Class Counsel shall apply to the Court for attorneys' fees and documented and reasonable expenses and costs. Class Counsel's application for fees, expenses, and costs shall be filed no later than thirty-five (35) days prior to the Opt-Out Deadline. Any Fee Award approved by the Court shall be paid solely out of the Settlement Sum and shall not increase Defendant's total financial liability with respect to this Agreement or Settlement. 5.2 In the event the Court approves the Settlement, but declines to award a Fee Award in the amount requested by Class Counsel, the Settlement will nevertheless be binding on the Parties and the Class Members. 5.3 Defendant shall have no liability to Class Counsel or any other Person arising from any claim regarding the division of the Fee Award between and among Class Counsel or any other counsel who may claim entitlement to any portion of the Fee Award. 5.4 The Fee Award, if approved by the Court, shall be paid by wire transfer from Defendant with fifteen (15) business days following the Effective Date, provided that the law firm or attorney being paid has executed and provided to Defendant a Form W-9. 5.5 The Court shall retain jurisdiction of any dispute regarding the Fee Award and any repayment of any amount of the Fee Award.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
ATTORNEYS’ FEES, EXPENSES, AND COSTS. 5.1 Class Counsel shall apply to the Court for attorneys' ’ fees and documented and reasonable expenses and costs. Class Counsel's ’s application for fees, expenses, and costs shall be filed no later than thirty-five thirty (3530) days prior to the Opt-Out Deadline. Any Fee Award approved by the Court shall be paid solely out of the Settlement Sum Fund and shall not increase Defendant's Defendants’ total financial liability with respect to this Agreement or Settlement.
5.2 In the event the Court approves the Settlement, but declines to award a Fee Award in the amount requested by Class Counsel, the Settlement will nevertheless be binding on the Parties and the Settlement Class Members.
5.3 Defendant Defendants shall have no liability to Class Counsel or any other Person arising from any claim regarding the division of the Fee Award any award of attorneys’ fees, expenses, and costs between and among Class Counsel or any other counsel who may claim entitlement to any portion of the Fee Award.
5.4 The Fee Award, if approved by the Court, shall be paid by wire transfer from Defendant with fifteen the Settlement Fund within ten (1510) business calendar days following the Effective Date, provided that the law firm or attorney being paid has executed and provided to Defendant a Form W-9W-9 to the Settlement Administrator. The Fee Award shall be paid from the Settlement Fund, and Defendants shall have no additional obligation to pay for attorneys’ fees, costs and/or expenses of any kind.
5.5 The Court shall retain jurisdiction of any dispute regarding the Fee Award and any repayment of any amount of the Fee Award.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
ATTORNEYS’ FEES, EXPENSES, AND COSTS. 5.1 Class Counsel shall apply to the Court for attorneys' ’ fees of up to one- third of the Settlement Sum and documented and reasonable expenses and costs. Class Counsel's ’s application for fees, expenses, and costs shall be filed no later than thirty-five (35) days prior to the Opt-Out Deadline. Any Fee Award approved by the Court shall be paid solely out of the Settlement Sum and shall not increase Defendant's ’s total financial liability with respect to this Agreement or Settlement.
5.2 In the event the Court approves the Settlement, but declines to award a Fee Award in the amount requested by Class Counsel, the Settlement will nevertheless be binding on the Parties and the Class Members.
5.3 Defendant shall have no liability to Class Counsel or any other Person arising from any claim regarding the division of the Fee Award between and among Class Counsel or any other counsel who may claim entitlement to any portion of the Fee Award.
5.4 The Fee Award, if approved by the Court, shall be paid by wire transfer from Defendant the Settlement Administrator with fifteen (15) business days following the Effective Date, provided that the law firm or attorney being paid has executed and provided to Defendant a Form W-9.
5.5 The Court shall retain jurisdiction of any dispute regarding the Fee Award and any repayment of any amount of the Fee Award.
Appears in 1 contract
Samples: Class Action Settlement Agreement