Class Counsel’s Attorneys’ Fees and Costs. 10.1. Class Counsel shall file a Motion for Approval of Attorneys’ Fees and Costs pursuant to the schedule set by the Court in its Preliminary Approval Order and at least two weeks prior to the deadline for submitting objections to the Settlement. Subject to the approval of the Court, Class Counsel shall request: (i) attorneys’ fees in an amount not to exceed Ten Millio n Five Hundred Thousand Dollars ($10,500,000.00); plus (ii) reimbursement of their out-of-pocket costs in an amount not to exceed Sixty Thousand Dollars ($60,000.00). The attorneys’ fees and costs awarded by the Court shall compensate Class Counsel for all work performed in the Lawsuit from its inception to its conclusion, and all costs incurred related to the Lawsuit from its inception to its conclusion, including all future work in connection with the implementation of this Agreement, seeking approval of this Agreement by the Court, responding to any appeals of the Court’s orders or judgments, overseeing the administration of the Settlement, and filing all documents necessary to fulfill all terms and conditions of this Agreement, including those that occur after the Effective Date. The Court-approved attorneys’ fees and costs will be paid out of the Gross Settlement Amount. Xxxxx Fargo agrees not to oppose the amounts requested by Class Counsel for attorneys’ fees and costs provided that the amounts sought do not exceed those specified above in this paragraph. If the Court does not approve the attorneys’ fees and costs requested by Class Counsel or approves a lower amount, the unapproved amount will become part of the Net Settlement Amount.
Class Counsel’s Attorneys’ Fees and Costs. (a) On or before twenty-one (21) days prior to the Opt-Out and Objection Deadline, Class Counsel may apply to the Court for a Fee and Expense Award from the Settlement Fund, not to exceed 33.33 percent (33.33%) of the Settlement Amount, to reimburse Class Counsel for attorneys’ fees incurred in researching, preparing for, prosecuting and litigating this Action. In addition, Class Counsel may also apply for reimbursement for reasonable costs and expenses incurred in the Action. Wells Fargo agrees not to oppose such applications provided that Class Counsel comply with the terms of this Agreement. Any Fee and Expense Award shall be paid from the Settlement Fund by the Settlement Administrator within five (5) business days from 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 will file a motion for approval of attorneys’ fees and costs prior to final approval. Class Counsel may apply for attorneys’ fees in the amount of up to one-third of the Gross Settlement Amount as compensation for all work performed from the inception of the Action to its conclusion, including all future work in connection with the implementation of this Settlement Agreement, seeking preliminary and final approval of the Settlement Agreement by the Arbitrator, and overseeing the administration of the Settlement Agreement through the final dismissal of the Action with prejudice. Class Counsel may also seek an additional amount in reimbursement of their reasonable out-of-pocket costs from the Gross Settlement Amount. Class Counsel’s attorneys’ fees and costs approved by the Arbitrator in the Final Approval Order will be paid out of the Gross Settlement Amount within one (1) week after the Effective Date. Respondent will not oppose Class Counsel’s motion for approval of attorneys’ fees and costs so long as the amount of fees requested does not exceed one-third of the Gross Settlement Amount, consistent with this paragraph. Prior to the payment of attorneys’ fees and costs, Class Counsel shall provide an executed IRS Form W-9 to the Settlement Administrator.
Class Counsel’s Attorneys’ Fees and Costs. Subject to approval by the Court, WESTLAKE agrees to pay Class Counsel the sum not to exceed one hundred and eighty-five thousand dollars ($185,000.00) in reasonable attorneys’ fees and costs. Class Counsel agrees that they shall not be entitled to and will not seek attorneys’ fees and costs or expenses in the Action which exceed $185,000.00 including reasonable costs. In the event that Class Counsel seeks a fee and cost award that does not exceed the amount stated herein, WESTLAKE agrees not to negatively comment on, oppose, or appeal Class Counsel’s application for fees and costs. Class Counsel agree that such an award shall compensate them for all legal work in the Action up to including the date of the Final Approval Order and Judgment, as well as for all legal work and costs that may be incurred in the Action after the date of the Final Approval Order and Judgment, including the distribution and compliance proceedings as ordered by the Court. The award of attorneys’ fees and costs by the Court in a sum not to exceed $185,000.00 will be paid by WESTLAKE on or before the Distribution Date. Class Counsel shall file and serve their Motion for Attorneys’ Fees ten (10) days prior to the expiration of the deadline for Settlement Class members to object.
Class Counsel’s Attorneys’ Fees and Costs. Defendant agrees not to oppose a 28 request by Class Counsel to the Court for an award of attorneys’ fees of up to one-third (33.33%) of 1 the Maximum Settlement Amount, plus reasonable litigation costs not to exceed $20,000.00, and 2 provided that Class Counsel submits a declaration substantiating the costs. Defendant agrees not to 3 oppose any contention by Class Counsel that attorneys’ fees should be based on the common fund 4 theory. Should the Court approve a lesser amount than what is sought by Class Counsel, the 5 difference shall be added to the Net Settlement Amount to be distributed to the Participating Class 6 Members. Any Court order awarding less than the amount sought by Class Counsel shall not be 7 grounds to rescind the Settlement Agreement or otherwise void the Settlement. The Settlement 8 Administrator shall issue to Class Counsel an IRS Form 1099 reflecting the amount of attorneys’ fees 9 and costs awarded by the Court.
Class Counsel’s Attorneys’ Fees and Costs. Defendant agrees that, separate and apart from the Settlement Fund, and subject to Court approval, to separately pay Class Counsel US$6,000,000.00 in attorneys’ fees, inclusive of costs.
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 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 attorneys’ fees, costs, and expenses incurred in the prosecution and settlement of the Litigation Claims against Freedom (a “Motion for Fees and Expenses”). Class Counsel’s Motion for Fees and Expenses may seek an award of attorney’s fees, plus costs and expenses actually incurred, of not more than thirty three percent (33%) of the Settlement Fund. Freedom agrees not to object to Class Counsels’ Motion for Fees and Expenses so long as the Motion for Fees and Expenses is consistent with this section. Payment of any award of attorneys’ fees, costs, and expenses shall come from the Common Fund. No check 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 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. The Class Representative 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 14 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 in the amount that does not exceed 20% of the Gross Settlement Amount plus actual litigation costs incurred up to $5,000, to be paid out of the Gross Settlement Amount. Defendant will issue to Class Counsel a Form 1099 with respect to their awarded fees and costs.
