Class Counsel Fees and Expenses. The amount sought for Class Counsel Fees and Expenses will be $200,000 plus any applicable federal and provincial taxes. All Class Counsel Fees and Expenses will be deducted from the Settlement Fund.
Class Counsel Fees and Expenses. 48. Subject to Court approval, the Settling Defendants agree to pay Class Counsel Fees and Expenses, which are to be deducted and paid from the Settlement Amount.
49. During the Final Approval Hearing, Class Counsel will make representations before the Court to obtain approval of the Class Counsel Fees and Expenses, which includes all legal fees, judicial and extrajudicial costs and disbursements of any kind, as well as any reimbursement of payments received from the Fonds d’aide aux actions collectives incurred up to and including the date of the Final Judgment Approving the Settlement. The Settling Defendants shall take no position with regards to the approval of the Class Counsel Fees and Expenses during the Final Approval Hearing, other than that they have agreed to pay them as fair and reasonable in the circumstances.
50. No later than 10 Days before the Effective Date, Class Counsel shall provide the Settling Defendants with an invoice for the amount of the Class Counsel Fees and Expenses approved by the Court, to be paid by the Settling Defendants to Class Counsel, along with the wire transfer and payment information.
51. On the Effective Date, the Settling Defendants will pay to Class Counsel the amount of the Class Counsel Fees and Expenses if and as approved by the Court in the Final Judgment Approving the Settlement. Class Counsel undertakes to then reimburse all advances received by the Fonds d’aide within 10 days thereof.
52. In consideration for the payment of the Class Counsel Fees and Expenses, as approved by the Court, Class Counsel shall not claim any other fee, cost, expense, or disbursement of any kind whatsoever from the Settling Defendants or the Class Members.
53. Furthermore, Class Counsel shall be permanently barred and enjoined from instituting, filing, commencing, maintaining, prosecuting or continuing to prosecute any action or proceeding of any kind in which any Released Claim is asserted in whole or in part against any Released Party before any Court, forum, regulatory authority or other tribunal, and from participating directly or indirectly in any such action or proceeding, whether as counsel, counsel of record, mandatary, advisor, individually, as a class member, collectively, representatively, derivatively or in any other capacity whatsoever.
Class Counsel Fees and Expenses. As part of the motion for final approval of the Settlement, Class Counsel will submit an application for an award of Class Counsel Fees and Expenses not to exceed one-quarter of the Settlement Fund (or $375,000.00 (three hundred and seventy-five thousand and 00/100 dollars)). This amount is inclusive of attorneys’ total costs estimated at $16,530 and fees of $358,470. Defendants agree not to object to any such fee, cost or expense application in this amount. As a condition of this Agreement, Class Counsel has agreed to pursue fees and expenses in a manner consistent with this Section. Any Class Counsel Fees and Expenses awarded by the Court shall be paid from the Settlement Class Fund and shall not constitute payment to any Settlement Class Members. If Class Counsel fees are reduced by the Court and Class Counsel Fees and Expenses is less than set forth above, the amount of the reduction ordered by the Court will be added to the Net Settlement Fund and shall not revert to Defendants. The Class Counsel Fees and Expenses approved by the Court shall encompass: (a) all work performed and costs and expenses incurred by, or at the direction of, any attorney purporting to represent the Settlement Class related to this Action; (b) all work to be performed and costs to be incurred in connection with approval of the Agreement; and (c) all work to be performed and costs and expenses, if any, incurred by Class Counsel in connection with administering the Settlement.
Class Counsel Fees and Expenses. 1. In addition to and not inclusive of Claimant Benefits and Administrative Costs, CSX shall pay the reasonable fees and expenses of Class Counsel as awarded by the Court. Class Counsel, however, shall not seek from the Court an award of fees and expenses in excess of $ 2,250,000 (two million two hundred fifty thousand dollars), and CSX shall not object to an award of fees and expenses in that amount.
2. Class Counsel may seek and CSX shall not object to an interim cash award of fees and expenses of not more than $1,000,000, payable by CSX within one (1) business day of preliminary approval by the Court; provided, however, that CSX shall not be required to pay any such fees and expenses until this Agreement is preliminarily approved by the Court. In the event the Court does not grant final approval to this Agreement or if CSX withdraws from this Agreement as described in Section VIII(A), Class Counsel shall refund the interim cash award of fees and expenses, as described in the document attached hereto as Exhibit G (the "Guaranty"). Moreover, in no event shall CSX’s total maximum obligation for Class Counsel fees and expenses over the duration of this Agreement exceed $ 2,250,000 (two million two hundred fifty thousand dollars), as stated in Subparagraph IV(C)(1), above. No Class Counsel fees, other than the interim cash award of not more than $1 million, will be paid until all qualified claims have been paid under this Agreement.
Class Counsel Fees and Expenses. 42. New Balance agrees to pay Class Counsel Fees and Expenses in accordance with the terms and conditions specified below. This amount is paid over and above any Compensation to Class Members and will not come out of or in any way reduce the Settlement Benefits payable to Class Members under this Agreement.
43. Within the Motion for leave to approve the Agreement, Class Counsel will be asking the Court to approve their global award of attorney fees and for reimbursement of their expenditures (“Class Counsel Fees and Expenses”) of $ 95,000 plus the Goods and Services Tax (“GST”) and Quebec Sales Tax (“QST”). Defence Counsel shall confirm to the Court at the Approval Hearing that they and New Balance believe the Class Counsel Fees and Expenses to be fair, reasonable and appropriate and that New Balance has agreed to pay the said amount of Class Counsel Fees and Expenses in this case.
44. New Balance shall pay the Class Counsel Fees and Expenses to Defence Counsel in trust for Class Counsel 5 business days after the Superior Court of Quebec has issued the Approval Order. All amounts deposited in trust shall be released to Class Counsel by Defence Counsel 5 business days after the Effective Date.
Class Counsel Fees and Expenses. 62. As part of the Settlement Amount, the Defendants agree to pay Class Counsel’s fees and expenses in accordance with the terms and conditions specified below.
63. Within the motion for approval of the Settlement Agreement, Class Counsel will be asking the Court to approve their global award of lawyer fees and for reimbursement of their expenditures (“Class Counsel Fees and Expenses”) in the amount of CDN $300,000 plus applicable taxes as detailed in section 35. Defence Counsel shall confirm to the Court at the Approval Hearing that they and the Defendants believe these fees and expenses are fair, reasonable and appropriate and that the Defendants have agreed to pay the said amount of fees and expenses in this case.
64. The Defendants shall pay the Class Counsel Fees and Expenses to Class Counsel thirty (30) days after the Effective Date.
65. Class Members who have retained, or in the process of making a claim do retain, lawyers to assist them in making their individual claims to this Settlement Agreement shall be responsible for the legal fees and expenses of such lawyers.
Class Counsel Fees and Expenses. As part of the settlement of the U.S. Actions, U.S. Class Counsel shall petition the Washington Court for payment for attorneys’ fees and costs and expenses and any applicable taxes in the total amount of US $9,950,000. Of that total amount, it is currently estimated that costs will amount to approximately US $1,500,000. U.S. Class Counsel agree not to seek fees or costs in excess of the total amount. Neither Carrier nor anyone on behalf of Carrier shall oppose or in any way take steps to undermine U.S. Class Counsel’s fee application.
Class Counsel Fees and Expenses. Class Counsel will receive as attorney fees and reimbursement of expenditures ("Class Counsel Fees") a total amount of $150,000 plus applicable taxes, or such other amount as may be approved by the Quebec Court. Within the Motion requesting Quebec Court Approval, Class Counsel will be asking the Court to approve the award of Class Counsel Fees.
Class Counsel Fees and Expenses. Navistar agrees to pay the fees and expenses of Class Counsel in this matter, subject to a $750,000 cap that Navistar and Class Counsel agree upon and believe is reasonable. If this Class Settlement Agreement is approved by the Court, the fees of Class Counsel will be subject to review by the Court as part of the settlement process. Navistar agrees to pay the fees and expenses of Class Counsel whether or not this Class Settlement Agreement is ultimately approved. Payment to Class Counsel will be made following Court review, if any, or upon the occurrence of the Reset Date (defined below). Once the Class Settlement Agreement is approved or the Reset Date has occurred and the work of Class Counsel is complete, Class Counsel will make a request for fees and expenses of a specific amount.
Class Counsel Fees and Expenses. VGCA agrees to pay Counsel Fees that shall become payable within thirty (30) days following the later of (a) the date when the Court’s orders on Counsel Fees to be paid by VW in the Action become final and non-appealable; and (b) the date when the Court’s Approval Order in the Action become final and non-appealable. To the extent of the amount of Counsel Fees approved by the Court or on appeal therefrom, VW shall not receive credit for such amounts against obligations to Settlement Class Members under this Settlement Agreement and the Court’s Approval Order. It is further acknowledged as follows:
10.1.1. VW and Class Counsel have not discussed Counsel Fees prior to agreement on the benefits extended to Settlement Class Members pursuant to this Settlement Agreement.
10.1.2. VW agrees not to oppose a payment by VGCA to Class Counsel of $450,000, plus taxes, representing, based on disbursements at the time of signing, a counsel fee of $447,627.68, disbursements of $2,372.32.
