Class Counsel’s Attorneys’ Fees and Costs. 1. Subject to Court approval, AnnTaylor agrees to pay Class Counsel attorneys’ fees of up to 27.5% of the Settlement Consideration ($1,787,500.00) and actual out-of pocket costs actually incurred by Class Counsel not to exceed $30,000, all to be paid out of the Settlement Consideration (the “Fee Award”). This Fee Award shall be the sole payment made to Class Counsel by Defendants. Defendants agree to join in Class Counsel’s application to the Court for a Fee Award so long as such application does not exceed the amounts specified in this Section.
2. The total Fee Award shall be paid 50% to Xxxxxx & Xxxxx, LLP and 50% to Xxxxxx Xxxxxx LLP within fifteen (15) days after the Effective Date. AnnTaylor shall issue separate checks to Xxxxxx & Xxxxx, LLP and Xxxxxx Xxxxxx LLP to reimburse them for their respective out-of-pocket costs, in an amount totaling not more than $30,000 in the aggregate (to be paid out of the Settlement Consideration). The appropriate amount of each check will be provided in the Court’s Order regarding fees and costs. Defendants shall issue a Form 1099 to each payee for the payment made in accordance with this Section VIII.J. Payment of the Fee Award checks to Xxxxxx & Xxxxx, LLP and Xxxxxx Xxxxxx LLP shall constitute full satisfaction of any obligation to pay any amounts to any person, attorney or law firm for attorneys’ fees, expenses or costs in the Actions incurred by any attorney on behalf of the Individual Plaintiffs and/or the Class in connection with the Actions, and shall relieve AnnTaylor and Defense Counsel of any further liability or responsibility to Class Counsel or any other attorney or law firm or any vendors or third parties for any fees, expenses and/or costs to which any of them may claim to be entitled on behalf of the Individual Plaintiffs and/or the Class in connection with the Actions. Upon payment of the Fee Award checks to Xxxxxx & Xxxxx, LLP and Xxxxxx Xxxxxx LLP, the Individual Plaintiffs and Class Counsel release AnnTaylor from any and all claims for attorneys’ fees or costs resulting from this Litigation or distribution of the Fee Award. Individual Plaintiffs jointly and severally represent and warrant that, other than Xxxxxx & Xxxxx, LLP and Xxxxxx Xxxxxx LLP, there are no attorneys who have claims for fees or costs arising out of the Litigation or the Settlement.
3. Except as provided in this Section, each of the Parties shall bear her or its own attorneys’ fees, costs, and expenses incurred in the prosecutio...
Class Counsel’s Attorneys’ Fees and Costs. Plaintiffs’ Counsel, if appointed as Class Counsel under this Settlement, shall have the right to file a motion with the Court, no later than thirty (30) days before the Final Fairness Hearing, for an award of Class Counsel Fees and Expenses in an amount not to exceed two hundred seventy-five thousand ($275,000) Dollars, for fees and expenses incurred in the prosecution and settlement of the Litigation Claims pursuant to the Local Rules of the Court (a “Motion for Fees and Expenses”). While Sierra Pacific has no obligation to support the Class Counsel’s Motion for Fees and Expenses, Sierra Pacific agrees not to oppose any such Motion if Class Counsel seeks an award of fees and expenses of no more than $275,000, provided that payment of any fees or expenses awarded shall not be made except out of the Common Fund after the Settlement reaches Finality.
13.1 Payment of any award of attorneys’ fees, costs, and expenses shall come from the Common Fund as set forth in Section 7.1 of the Agreement. No check or other method of transferring the funds for the payment of Court-awarded attorneys’ fees, costs, and expenses will be issued until Class Counsel provides signed and completed Form W-9s (current as of the date of payment) to the Settlement Administrator. The manner or method in which any award of Class Counsel Fees and Expenses is divided among Class Counsel shall be the sole responsibility of Class Counsel, shall not affect Sierra Pacific’s rights and obligations under this Agreement or require any additional payments by Sierra Pacific into the Common Fund or to Class Counsel beyond those described in Sections 6 and 7.
13.2 Approval by the Court of Class Counsels’ Motion for Fees and Expenses shall not be a precondition to approval of the Settlement or entry of the Final Judgment Order in accordance with this Agreement. Class Representatives and Class Counsel may not cancel or terminate the Settlement based on the Court’s or any Appellate Court’s ruling with respect to fees, costs, expenses, or the disbursement thereof. Any appeal relating to Class Counsel’s Motion for Fees and Expenses will not affect the Finality of the Settlement, the entry of the Final Approval Order or the Final Judgment Order, or the release provided in Section 16 of this Agreement. Class Counsels’ Motion for Fees and Expenses may be considered separately from the Settlement.
Class Counsel’s Attorneys’ Fees and Costs. Defendant will not oppose Class Counsel’s request to the Court for approval of a total for attorneys’ fees and costs in an amount that does not exceed 1/3 of Gross Settlement Amount (i.e., $80,000.00 if the Gross Settlement Amount remains $240,000.00), plus up to $12,000.00 in litigation costs, to be paid out of the Gross Settlement Amount. The Settlement Administrator will issue to Class Counsel a Form 1099 with respect to their awarded fees and costs.
Class Counsel’s Attorneys’ Fees and Costs. At the time Plaintiffs submit the motion for final approval of the Settlement, Class Counsel may submit a motion for an award of attorneys’ fees not to exceed 35% of the Settlement Fund, and for reimbursement of costs incurred in the litigation, in addition to the fees and costs of the Administrator not to exceed $45,000.00, which will be heard by the Court at the Final Approval and Fairness Hearing. Any attorneys’ fees, and costs, awarded by the Court shall be paid from the Settlement Fund and shall not constitute payment to any Class Members. The Settlement is not conditioned on the Court’s approval of Class Counsel’s motion for attorneys’ fees, and costs, and any amounts that are not approved for attorneys’ fees, costs, and expenses shall remain part of the Residual Settlement Fund. The attorneys’ fees, and costs approved by the Court shall encompass, with respect to the Claims:
(a) fees for all work performed and costs incurred by, or at the direction of, Class Counsel, Xxxxxx & Xxxxxxx, LLC, through the date of this Final Settlement Agreement; (b) fees for all work to be performed and costs and expenses to be incurred in connection with approval by the Court of the Settlement, including any appeal arising out of an objection to the Settlement; and (c) fees for all work to be performed and costs and expenses, if any, incurred in connection with administering the Settlement through final approval of the Settlement and dismissal of the Action, with prejudice. The Administrator will report the amount paid to Class Counsel on an IRS Form 1099. Class Counsel shall be responsible for the payment of any and all taxes with respect to any attorney’s fees awarded by the Court.
Class Counsel’s Attorneys’ Fees and Costs. Class Counsel’s attorney’s fees shall not exceed 35% of the Settlement Fund, and Class Counsel’s costs shall not exceed $25,000.00, as approved by the Court.
Class Counsel’s Attorneys’ Fees and Costs. Defendant agrees not to oppose a
Class Counsel’s Attorneys’ Fees and Costs. On or before fifteen (15) days after the Opt-Out and Objection Deadline, Class Counsel shall file a Fee Application with the Court for an award from the Settlement Fund, not to exceed thirty percent (30%) of the Settlement Amount, Class Counsel may also apply for reimbursement for reasonable costs and expenses incurred in the Action. Capital One agrees not to oppose the Fee Application. Any Fee and Expense Award shall be paid from the Settlement Fund and out of the Escrow Account by the Settlement Administrator within five (5) business days after the Effective Date.
Class Counsel’s Attorneys’ Fees and Costs. Class Counsel will request from the Court no more than one-third (1/3) of the Gross Settlement Amount ($250,000.00) as attorney’s fees for litigation and resolution of the Lawsuit. Class Counsel will also request from the Court reimbursement for litigation costs advanced on behalf of the Class, which are estimated to be no more than $15,000.00. Any amount ordered by the Court for Class Counsel’s attorney’s fees and costs will be paid from the Gross Settlement Amount. • PAGA Payment: $25,000.00 from the Gross Settlement Amount is allocated for payment to the State of California under the Private Attorneys General Act of 2004. Upon Court approval, 75% of the allocation ($18,750.00) will be paid to the California Labor and Workforce Development Agency, and 25% ($6,250.00) of the allocation will be distributed to the Class as part of the Net Settlement Amount.
Class Counsel’s Attorneys’ Fees and Costs. Class Counsel shall apply to the Court for an award of fees and costs to be paid solely from the Administrative Costs and Attorney Fees Pool. An initial application for an award of fees and costs shall be included in the Motion for Preliminary Approval of Settlement, with an estimated amount of attorney fees and costs that will be sought. The Motion for Final Approval of Settlement shall include an application for an application for attorney fees and costs with the specific amount to be collected by Class Counsel.
a. The application for an award of fees and costs shall be made on behalf of Class Counsel to completely cover all costs and fees of Class Counsel, and this amount will be the net in the Administrative Costs and Attorney’s Fees Pool after all other costs and fees, including those of Counsel for Special Subclass Representative Xxxxxxx, are paid.
b. The application for attorneys’ fees and costs shall be in a sum not to exceed the amount in the Administrative Costs and Attorney Fees Pool, after all costs and fees of the Special Master, Forensic Assessment Team, Claims Administrator, QSF Administrator and Counsel for Special Subclass Representative Xxxxxxx are accounted. Costs (i.e., litigation expenses) shall be paid in addition to attorneys’ fees in the amount in which they were or are incurred by Class Counsel and are approved for reimbursement by the Court.
c. The Department will not oppose the request for attorneys’ fees and costs if consistent with the terms of this Settlement Agreement. The Department shall have no obligation to pay any attorneys’ fees or costs in addition to the payment of the Gross Settlement Amount.
d. If approved by the Court, attorneys’ fees and costs will be paid to Class Counsel by the QSF Administrator in one lump sum payment within 30 days of the Effective Date of this Agreement.
Class Counsel’s Attorneys’ Fees and Costs. Defendant agrees not to oppose a 15 the Gross Settlement Amount (i.e., $325,000), plus reasonable litigation costs and expenses not 16 to exceed $25,000 (“Attorneys' Fees and Cost Award”), as long as the requests do not exceed 17 these amounts. For purposes of this Settlement, Xxxxxxxxx agrees not to oppose any contention 18 by Class Counsel that attorneys' fees should be based on the common fund theory. The 19 Attorneys' Fee and Cost Award shall be paid from the Gross Settlement Amount. Except for this 20 award, Defendant shall have no further obligation to pay any attorneys' fees, costs, or expenses 21 to Class Counsel. If the Court approves a lesser amount than what is sought by Class Counsel for 22 attorney's fees or costs, the difference shall be added to the Net Settlement Amount and 24 sought by Class Counsel shall not be grounds to rescind the Settlement Agreement or otherwise 25 void the Settlement. The Settlement Administrator shall issue to Class Counsel a Form 1099 26 reflecting the amount of attorneys' fees and costs awarded by the Court and paid from the Gross 27 Settlement Amount. The Parties agree that any allocation of fees between or among Class 28 Counsel and any other attorney representing or claiming to represent the Class Members shall be 1 the sole responsibility of Class Counsel.
