Class Counsel’s Attorneys’ Fees and Expenses. 8.1 Subject to approval by the Court, ACA agrees to pay Class Counsel a sum not to exceed $225,000 in attorney’s fees and costs for prosecuting this action. Class Counsel will file an application for an order awarding such fees and costs to be heard on the date set for hearing for the Final Judgment, or such other time as the Court may require. ACA shall not oppose, object to, or comment on any application for an award of attorney’s fees, costs and expenses, or appeal any award, provided that the amount sought in the application is consistent with this Agreement. Class Counsel agree that such an award shall compensate them for all legal work in the Action up to including the Effective Date, as well as for all legal work and costs that may be incurred in the Action after the Effective Date, including any distribution and compliance proceedings as ordered by the Court. Within thirty (30) days of the Effective Date and upon receipt of Forms W-9 from Class Counsel, ACA shall pay any amount awarded by the Court for Plaintiffs’ attorney’s fees and costs that does not exceed $225,000, separately and apart from any other relief provided to the Settlement Class. The payment will be by check made payable to “Law Offices of Xxxxxxx X. Block, Client Trust Account,” and delivered to Law Offices of Xxxxxxx X. Block, A Professional Corporation, 0000 Xxxxx Xxxxxx Xxxxxxxxx, Suite 301, Beverly Hills, California 90210. ACA agrees not to issue an IRS Form 1099-NEC or other reporting to Plaintiffs or any other Settlement Class member for the attorney’s fees and costs awarded by the Court, unless it is ordered by the IRS to do so. Any such compliance by ACA with an IRS order shall not be a breach of this Agreement. This Settlement is not conditioned upon the Court awarding the amount sought by Class Counsel in their motion for attorneys’ fees and costs. If the amounts awarded by the Court are less than what was sought by the Class Counsel, the remaining provisions of this Settlement will remain binding and effective, subject to the right of the Class Representatives or Class Counsel to appeal the attorney’s fees and costs award. In no event, however, shall ACA be liable to pay Class Counsel an amount exceeding $225,000 in attorney’s fees and costs for prosecuting this Action.
Class Counsel’s Attorneys’ Fees and Expenses. The Parties agree to participate in a binding baseball arbitration with Xxx Xxxxxx or another mutually agreed upon arbitrator as to attorneys’ fees after the Court’s final approval of Settlement. Within ten (10) days of the Preliminary Approval Order, the Parties will set a post-Final Approval Hearing schedule with Mr. Picker whereas a decision is rendered by no later than thirty (30) days after any Final Approval Order. Any fees and expense award determined by the arbitrator in accordance with this Paragraph shall be paid by check or wire transfer within ten (10) business days of decision.
Class Counsel’s Attorneys’ Fees and Expenses. 7.1 At least 28 days prior to the hearing on Final Approval, Class Counsel may apply to the Court for an award from Defendants of their fees, as approved by the Court, and may also apply to the Court for reimbursement of Class Counsel’s costs and expenses. Defendants agree that Class Counsel is entitled to reasonable attorneys’ fees and expenses separate and apart from the Claimant and Notice Fund, and shall not oppose Class Counsel’s entitlement to attorneys’ fees and expenses in their entirety. Provided, however, that any Fee Award will be paid in whole or in part from the Claimant and Notice Fund, if funds remain in the Claimant and Notice fund pursuant to Section 3.1.6. Moreover, Defendants reserve the right to oppose the amount requested by Class Counsel by way of written submission in opposition to Class Counsel’s application for the Fee Award and may also oppose the amount requested at any oral argument held by the Court. Defendants’ response to Class Counsel’s application for fees and expenses will be due no earlier than the later of: (a) 21 days after Class Counsel’s application is filed, or (b) 21 days after the close of the Claim Period and receipt of the final claims information from the Administrator.
Class Counsel’s Attorneys’ Fees and Expenses. As part of the motion for final approval of the Class Settlement, Class Counsel may submit an application for an award of Class Counsel’s Attorneys’ Fees and Expenses with the fee portion not to exceed One-Third of the Gross Settlement Amount (i.e.,$125,000.00) and the award of actual costs and expenses not to exceed Thirty Thousand Dollars and Zero Cents ($30,000.00). Defendants agree not to object to any such fee, cost or expense application in those amounts. The amount of Class Counsel’s Attorneys’ Fees and Expenses awarded by the Court shall be paid from the Gross Settlement Amount prior to arriving at the Net Settlement Amount and shall not constitute payment to any Settlement Class Members; and
Class Counsel’s Attorneys’ Fees and Expenses. Plaintiff will move the Court for an order awarding Class Counsel’s application of attorneys’ fees and costs not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00). This term was negotiated only after the Parties reached an agreement as to the Class’ benefits provided for in Paragraph 34. Any attorneys’ fees and expenses approved by the Court in accordance with this Paragraph shall be paid by check within thirty (30) days after the Effective Date and Defendant’s Counsel’s receipt of a completed IRS Form W-9 for Class Counsel, whichever is later.
Class Counsel’s Attorneys’ Fees and Expenses. 10.1 Class Counsel may submit an application or applications (the “Fee and Expense Application”) for: (a) an award of attorneys’ fees; plus (b) expenses or charges in connection with prosecuting the Action; plus (c) any interest on such attorneys’ fees and expenses at the same rate and for the same periods as earned by the Settlement Fund (until paid) as may be awarded by the Court.
