Class Counsel Fees and Administration Expenses. (1) The costs of the notices referred to in section 10 shall be paid by Class Counsel or the Claims Administrator, if one has been appointed by the Courts, out of the Account, as they become due.
(2) Class Counsel may seek the Courts’ approval to pay Class Counsel Fees and Administration Expenses contemporaneous with seeking approval of this Settlement Agreement or at such other time as they may determine in their sole discretion.
(3) Except as provided in section 12(1), Class Counsel Fees and Administration Expenses may only be paid out of the Account after the Effective Date.
(4) Class Counsel reserve the right to bring motions to the Courts for payment out of the Account for any future adverse cost awards and future disbursements.
(5) The Settling Defendants shall not be liable for any fees, disbursements or taxes of any of the lawyers, experts, advisors, agents, or representatives retained by Class Counsel, the Plaintiffs or the Settlement Class Members, any amounts to which the Fonds d'aide aux recours collectif in Quebec may be entitled, or any lien of any Person on any payment to any Settlement Class Member from the Settlement Amount.
Class Counsel Fees and Administration Expenses.
(1) The costs of the notices referred to in Section 11 and the costs of translation referred to in Section 14.12 of this Settlement Agreement may be paid out of the Trust Account as they are incurred, irrespective of any termination which may thereafter occur.
(2) Class Counsel may seek the Courts' approval to pay Class Counsel Fees and/or Administration Expenses contemporaneous with seeking approval of this Settlement Agreement or at such other time as they may determine in their sole discretion.
(3) Except as provided in Section 13.1, Class Counsel Fees and Administration Expenses may only be paid out of the Trust Account after the Effective Date.
(4) The Settling Defendant shall not be liable for any fees, disbursements or taxes of any of Class Counsel's, the Plaintiffs' or Settlement Class Members' respective lawyers, experts, advisors, agents, or representatives.
Class Counsel Fees and Administration Expenses. (1) The Escrow Agent shall pay the reasonable costs of the notices referred to in section 11 of this Settlement Agreement, any reasonable costs associated with receiving the written elections to opt out and the costs of the Escrow Agent from the Trust Account.
(2) Class Counsel may seek the Courts’ approval to pay Class Counsel Fees and Administration Expenses contemporaneous with seeking approval of this Settlement Agreement, or at such other time as they shall determine in their sole discretion, provided that Class Counsel agree that they shall not be paid Class Counsel Fees from the Settlement Amount in the event this Settlement Agreement is not approved, is terminated or otherwise fails to take effect, provided that they may seek payment of professional fees in respect of their representation of the Plaintiffs from the ISP Release Payment contemplated by sections 14.2(1)(g)(A) and 14.4 of this Settlement Agreement. The Domfoam Defendants, the Brayiannis Defendant and the Individual Settling Parties shall take no position with respect to Class Counsel’s motion for payment of Class Counsel Fees.
(3) Except as provided in sections 13(1) and 13(2), Class Counsel Fees and Administration Expenses may only be paid out of the Trust Account after the Effective Date.
(4) The Domfoam Defendants, the Brayiannis Defendant and the Individual Settling Parties shall not be liable for any fees, disbursements or taxes, including but not limited to Class Counsel Fees and any fees, disbursements or taxes of Class Counsel’s, the Plaintiffs’ or the Settlement Class Members’ respective lawyers, experts, advisors, agents, or representatives.
Class Counsel Fees and Administration Expenses. (1) The Escrow Agent shall pay the costs of the notices referred to in section 10.1 of this Settlement Agreement from the Trust Account.
(2) Class Counsel may seek the Courts’ approval to pay Class Counsel Fees and Administration Expenses contemporaneous with seeking approval of this Settlement Agreement, or at such other time as they shall determine in their sole discretion. Hershey Canada will not oppose Class Counsel’s motion for payment of Class Counsel Fees.
(3) Except as provided in sections 12(1) and 12(2), Class Counsel Fees and Administration Expenses may only be paid out of the Trust Account after the Effective Date.
(4) The Releasees shall not be liable for any fees, disbursements or taxes, including but not limited to any fees, disbursements or taxes of Class Counsel’s, Additional Counsel’s, the Main Plaintiffs’, the Additional Plaintiffs’ or any Settlement Class Member’s respective lawyers, experts, advisors, agents, or representatives.
Class Counsel Fees and Administration Expenses. (1) Class Counsel shall pay any costs of the Notices of this Settlement Agreement from the Trust Account.
(2) Class Counsel may seek the Courts’ approval to pay Class Counsel Fees and Administration Expenses contemporaneously with seeking approval of this Settlement Agreement, or at such other time as they shall determine in their sole discretion. The Settling Defendants will not oppose such motions.
(3) Except as provided in sections 11(1) and 11(2), Class Counsel Fees and any Administration Expenses may only be paid out of the Trust Account after the Effective Date.
(4) The Releasees shall not be liable for any fees, disbursements or taxes, including but not limited to any fees, disbursements or taxes of Class Counsel’s, the Plaintiffs’ or any Settlement Class Member’s respective lawyers, experts, advisors, agents, or representatives.
Class Counsel Fees and Administration Expenses.
(1) Notwithstanding any other provision of this Settlement Agreement, the costs of the notices referred to in Section 11 and the costs of translation referred to in Section 14.12 of this Settlement Agreement shall be paid out of the Trust Account by Counsel for the Settling Defendants or Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx, as applicable, as they are incurred and irrespective of whether the Effective Date has passed.
(2) Class Counsel may seek the Courts' approval to pay Class Counsel Fees and/or Administration Expenses contemporaneous with seeking approval of this Settlement Agreement or at such other time as they may determine in their sole discretion.
(3) Except as provided in Section 13.1, Class Counsel Fees and Administration Expenses may only be paid out of the Trust Account after the Effective Date.
(4) The Settling Defendants shall not be liable for any fees, disbursements or taxes of any of Class Counsel's, the Plaintiffs' or Settlement Class Members' respective lawyers, experts, advisors, agents, or representatives.
Class Counsel Fees and Administration Expenses. (1) Class Counsel may seek the Courts' approval to pay Class Counsel Fees and Administration Expenses contemporaneous with seeking approval of this Settlement Agreement or at such other time as they may determine in their sole discretion.
(2) The costs of the notices referred to in Section 11(1) and the translation referred to in Section 14.12(1) shall be paid by BC Counsel out of the Trust Account.
(3) Except as provided in Section 13(2), Class Counsel Fees and Administration Expenses may only be paid out of the Trust Account after the Effective Date.
(4) The Settling Defendants shall not be liable for any fees, disbursements or taxes of the lawyers, experts, advisors, agents, or representatives retained by Class Counsel, the Plaintiffs or the Settlement Class Members, any amounts to which the Fonds d’aide aux recours collectifs in Quebec may be entitled, or any lien of any Person on any payment to any Settlement Class Member from the Settlement Amount.
Class Counsel Fees and Administration Expenses.
(1) Class Counsel may seek the Courts’ approval to pay Class Counsel Fees and Administration Expenses contemporaneous with seeking approval of this Settlement Agreement or at such other time as they may determine in their sole discretion.
(2) The costs of the notices referred to in Section 10.1 and the translation referred to in Section 13.12 shall be paid by Ontario Counsel out of the Trust Account, as they become due.
(3) Except as provided in Section 12(2), Class Counsel Fees and Administration Expenses may only be paid out of the Trust Account after the Effective Date.
(4) The Settling Defendant and other Releasees named as Defendants shall not be liable for any fees, disbursements or taxes of any the lawyers, experts, advisors, agents, or representatives retained by Class Counsel, the Plaintiffs or the Settlement Class Members, any amounts to which the Fonds d’aide aux actions collectives in Quebec may be entitled, or any lien of any Person on any payment to any Settlement Class Member from the Settlement Amount.
Class Counsel Fees and Administration Expenses. (1) Class Counsel shall pay the costs of the notices required by section 8.1 from the Trust Account as they become due.
(2) Class Counsel may seek the Court’s approval to pay Class Counsel Fees and Administration Expenses contemporaneously with seeking approval of the Settlement Agreement, or at such other time as they shall determine in their sole discretion.
(3) Except as provided in section 10(1), Class Counsel Fees and Administration Expenses may only be paid out of the Trust Account after the Effective Date.
(4) The Releasees shall not be liable for any fees, disbursements or taxes, including but not limited to any fees, disbursements or taxes of Class Counsel’s, the Plaintiffs’ or any Settlement Class Member’s respective lawyers, experts, advisors, agents, or representatives.
Class Counsel Fees and Administration Expenses. (1) The Escrow Agent shall pay the costs of the notices referred to in section 11.1 of this Settlement Agreement and any costs associated with receiving the written elections to opt out from the Trust Account, provided however if the costs of the Notices referred to in section 11.1 exceed $250,000 then the Settling Defendants shall forthwith reimburse the Trust Account the portion of the costs of the Notices referred to in section 11.1 that are in excess of $250,000.
(2) Class Counsel may seek the Courts’ approval to pay Class Counsel Fees and Administration Expenses contemporaneous with seeking approval of this Settlement Agreement, or at such other time as they shall determine in their sole discretion. The Settling Defendants shall not oppose Class Counsel’s motion for payment of Class Counsel Fees.
(3) Except as provided in sections 13(1) and 13(2), Class Counsel Fees and Administration Expenses may only be paid out of the Trust Account after the Effective Date.
(4) The Settling Defendants shall not be liable for any fees, disbursements or taxes, including but not limited to any fees, disbursements or taxes of Class Counsel’s, Additional Counsel’s, the Main Plaintiffs’, the Additional Plaintiffs’ or Settlement Class Members’ respective lawyers, experts, advisors, agents, or representatives.
