Class Counsel’s Fees and Disbursements Sample Clauses

Class Counsel’s Fees and Disbursements. ‌ (1) Class Counsel shall bring motions for approval of Class Counsel Fees and Class Counsel Disbursements contemporaneously with or immediately following the Settlement Approval Motions. Class Counsel shall seek the Courts’ approval of Class Counsel Fees and Class Counsel Disbursements to be paid as a first charge on the Settlement Benefits. (2) Class Counsel is not precluded from making additional motion(s) for fees or expenses incurred as a result of implementing the terms of this Settlement Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Benefits. (3) The Defendant acknowledges that it is not a party to the motions concerning the approval of Class Counsel Fees and Class Counsel Disbursements. The Defendant acknowledges that it will have no involvement in the approval process to determine the amount of Class Counsel Fees and Class Counsel Disbursements, and that it will not take any position or make submissions to the Courts concerning Class Counsel Fees and Class Counsel Disbursements. (4) The procedure for, and the allowance or disallowance by the Courts of, any requests for Class Counsel Fees and Class Counsel Disbursements to be paid out of the Settlement Benefits are not part of the Settlement provided for herein, and are to be considered by the Courts separately from its consideration of the fairness, reasonableness and adequacy of the Settlement provided for herein. (5) Any order in respect of Class Counsel Fees and Class Counsel Disbursements, or any appeal from any order relating thereto or any modification thereof, shall not operate to terminate or cancel the Settlement Agreement or affect or delay the Settlement of the Actions as provided herein. (6) Unless this Settlement Agreement is terminated in accordance with its terms, all amounts awarded on account of Class Counsel Fees and Class Counsel Disbursements shall be paid from the Settlement Benefits.
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Class Counsel’s Fees and Disbursements. Generally
Sample 1
Class Counsel’s Fees and Disbursements. A. By application presented for adjudication at the same time as the Application for the Settlement Approval Order or subsequent thereto, Class Counsel may seek approval of the Class Counsel Fees in the agreed upon amount of CAD $195,000 plus GST and QST for its extrajudicial fees and $15,000 plus GST and QST for disbursements and expenses. Within ten (10) days the Defendants will deposit these the amounts trust into an interest-bearing financial instrument (such as a GIC) held by Defendants’ Counsel, at a recognized Canadian banking institution. Within five (5) business days of such deposit, Defendants’ Counsel will provide Class Counsel with notice of such investment. Payment of such amounts shall be remitted to Class Counsel by Xxxxx LLP, together with all interest accrued on such amount while held in trust by Xxxxx LLP, within ten (10) business days after the Effective Date, or such other date thereafter as mutually agreed upon by Xxxxx LLP and Class Counsel, the whole as full and final compensation for Class Counsel’s Fees and disbursements. If the Settlement is not effectuated or in the event either this Settlement Agreement or the total amount of Class Counsel Fees is not approved by the Court, the deposited funds or the unapproved portion thereof and all interest thereon shall be returned no more than five (5) business days later to the Defendants. B. Class Counsel Fees and disbursements ultimately awarded by the Court will be applied against the Total Settlement Cap, and Defendants’ total payment obligations pursuant to this Settlement Agreement or in execution thereof shall never in the aggregate exceed the Total Settlement Cap. C. The Settlement Agreement is in no way conditional upon the approval of Class Counsel Fees. Any order or proceeding relating to the application for approval of Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate, cancel or change the terms of this Agreement. D. Defendants will not contest the application for Class Counsel Fees.
Sample 1
Class Counsel’s Fees and Disbursements. ‌ 1) Class Counsel shall bring a motion for approval of the Class Counsel Fees and the Class Counsel Disbursements contemporaneously with or immediately following the Settlement Approval Motion. Within 30 days of the later of the Effective Date or the Fee and Disbursement Approval date, the Defendant shall pay the Class Counsel Fees and the Class Counsel Disbursements to KMH lawyers, in trust for the following amounts: a. $125,000 all inclusive for Class Counsel Fees and taxes; b. $25,224.04 all inclusive for Class Counsel Disbursements that have been paid by the Plaintiff personally in the amount of $15,469.84 and the Class Proceedings Fund in the amount of $9,754.20; and c. $25,000 all inclusive for the CPF Levy consisting of $15,000 for amounts allocated to the Class and $10,000 for amounts allocated to the First Subclass. 2) Class Counsel shall provide to the Defendant verification for all Class Counsel Disbursements at least seven days (7) prior to the Settlement Approval Motion. 3) Class Counsel will seek the Court’s approval for an honorarium to be paid to the Plaintiff in the amount of $5,000 on a quantum meruit basis for the contribution she has made in the prosecution of this Action for the benefit of the Class. 4) The Class Counsel Fees and the Class Counsel Disbursements shall be deemed to be incurred equally between the issues related to the Class and the First Subclass.
Sample 1

Related to Class Counsel’s Fees and Disbursements

  • FEES AND DISBURSEMENTS The fees for Services shall be in accordance with the fee schedule as agreed upon between the Client and the Customs Broker, as amended from time to time (the “Fees”). (a) Disbursements incurred by the Customs Broker on behalf of the Client shall be reimbursed to the Customs Broker by the Client.

  • Costs and Disbursements (a) Except as otherwise provided in this Agreement or in the Schedules to this Agreement, a Recipient of Services shall pay to the Provider of such Services a monthly fee for the Services (or category of Services, as applicable) (each fee constituting a “Service Charge” and, collectively, “Service Charges”), which Service Charges shall be agreed to by the Parties from time to time and generally determined in a manner consistent with the methodology used by HBIO for assessing fees with respect to the HXXX Business; provided further that to the extent the Service Charge for a particular Service is accrued on an hourly basis, such Service Charge shall be paid monthly by the Recipient and include the aggregate amount of the hourly charges for the immediate preceding month. During the term of this Agreement, the amount of a Service Charge for any Services (or category of Services, as applicable) may increase to the extent of: (i) any increases mutually agreed to by the Parties, (ii) any Service Charges applicable to any Additional Services or New Services, and (iii) any increase in the rates or charges imposed by any third-party provider that is providing Services. Together with any monthly invoice for Service Charges, the Provider shall provide the Recipient with documentation to support the calculation of such Service Charges. (b) Recipient shall reimburse Provider for all reasonable out-of-pocket costs and expenses incurred by Provider or its Affiliates in connection with providing the Services to the extent that such costs and expenses are not reflected in the Service Charge for such Services; provided, however, that any such cost or expense not consistent with historical practice between the Parties and exceeding $2,500 per month, for any Service (including business travel and related expenses) shall require advance approval of the Recipient. Any authorized travel-related expenses incurred in performing the Services shall be incurred and charged to Recipient in accordance with Provider’s then applicable business travel policies. (c) The Recipient shall pay the amount of each such invoice by wire transfer (or such other method of payment as may be agreed between the Parties) to the Provider within thirty (30) days of the receipt of each such invoice, including appropriate documentation as described herein, as instructed by the Provider. In the absence of a timely notice of billing dispute in accordance with the provisions of Article IX of this Agreement, if the Recipient fails to pay such amount by the due date, the Recipient shall be obligated to pay to the Provider, in addition to the amount due, interest at an annual default interest rate of three percent (3%), or the maximum legal rate whichever is lower (the “Interest Payment”), accruing from the date the payment was due through the date of actual payment. (d) Subject to the confidentiality provisions set forth in Section 11.03, each Party shall, and shall cause their respective Affiliates to, provide, upon ten (10) days’ prior written notice from the other Party, any information within such Party’s or its Affiliates’ possession that the requesting Party reasonably requests in connection with any Services being provided to such requesting Party by an unaffiliated third-party provider, including any applicable invoices, agreements documenting the arrangements between such third-party provider and the Provider and other supporting documentation; provided, however, that each Party shall make no more than one such request during any fiscal quarter.

  • Accounts and Disbursements The Custodian shall establish and maintain a separate account for each Portfolio and shall credit to the separate account all moneys received by it or a Sub-Custodian for the account of such Portfolio and shall disburse, or cause a Sub-Custodian to disburse, the same only: 1. In payment for Securities purchased for the Portfolio, as provided in Section 7 hereof; 2. In payment of dividends or distributions with respect to the Shares of such Portfolio, as provided in Section 11 hereof; 3. In payment of original issue or other taxes with respect to the Shares of such Portfolio, as provided in Section 12(c) hereof; 4. In payment for Shares which have been redeemed by such Portfolio, as provided in Section 12 hereof; 5. In payment of fees and in reimbursement of the expenses and liabilities of the Custodian attributable to the Fund, as provided in Sections 5 and 16(h) hereof; 6. Pursuant to Instructions setting forth the name of the Portfolio and the name and address of the person to whom the payment is to be made, the amount to be paid and the purpose for which payment is to be made.

  • Reimbursement of Fees and Expenses The Advisor retains its right to receive reimbursement of any excess expense payments paid by it pursuant to this Agreement under the same terms and conditions as it is permitted to receive reimbursement of reductions of its investment management fee under the Investment Advisory Agreement.

  • Legal Fees and Expenses The parties shall each bear their own expenses, legal fees and other fees incurred in connection with this Agreement.

  • Payment of Fees and Expenses Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as specified in this Agreement or any Related Document.

  • Additional Advances and Disbursements; Costs of Enforcement If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.

  • Interest Fees and Expenses (a) Interest on the Revolving Loans, whether bearing interest based on the Chase Bank Rate or LIBOR, shall be payable monthly as of the end of each month. Chase Bank Rate Loans shall be an amount equal to the Chase Bank Rate plus one quarter of one percent (.25%) per annum on the average of the net balances owing by the Company to CIT in the Revolving Loan Account at the close of each day during such month. In the event of any change in said Chase Bank Rate, the rate hereunder for Chase Bank Rate Loans shall change, as of the date of such change, so as to remain one quarter of one percent (.25%) above the Chase Bank Rate. The rate hereunder for Chase Bank Rate Loans shall be calculated based on a 360-day year. CIT shall be entitled to charge the Company's Revolving Loan Account at the rate provided for herein when due until all Obligations have been paid in full. (b) Notwithstanding any provision to the contrary contained in this section 8, in the event that the sum of the outstanding Revolving Loans exceed the lesser of either (x) the maximum aggregate amount available under Sections 3 and 5 of this Financing Agreement or (y) the Revolving Line of Credit: (A) as a result of Revolving Loans advanced by CIT at the request of the Company (herein "Requested Overadvances"), for any one (1) or more days in any month, or (B) for any other reason whatsoever (herein "Other Overadvances") and such Other Overadvances continue for five (5) or more days in any month , the average net balance of all Revolving Loans for such month shall bear interest at the Overadvance Rate. (c) Upon and after the occurrence of an Event of Default and the giving of any required notice by CIT in accordance with the provisions of Section 10, Paragraph 10.2 hereof, all Obligations shall bear interest at the Default Rate of Interest. 8.2 Interest on the Term Loan shall be payable monthly as of the end of each month on the unpaid balance or on payment in full prior to maturity. Chase Bank Rate Loans shall be in an amount equal to the Chase Bank Rate plus one half of one percent (.50%) per annum. In the event of any change in said Chase Bank Rate the rate hereunder for any such Chase Bank Rate Loans shall change, as of the date of such change, so as to remain one half of one percent (.50%) above the Chase Bank Rate. The rate hereunder shall be calculated based on a 360 day year. CIT shall be entitled to charge the Revolving Loan Account at the rate provided for herein when due until all Obligations have been paid in full. Notwithstanding the foregoing, if the Term Loan is not repaid in full by April 1, 2001, the rate of interest set forth in this Section 8.2 shall increase by one-half of

  • REIMBURSEMENT OF FEES AND COSTS The Parties acknowledge that Xxxxxxx and her counsel offered to reach preliminary agreement on the material terms of this dispute before reaching terms on the amount of fees and costs to be reimbursed to them. The Parties thereafter reached an accord on the compensation due to Xxxxxxx and her counsel under general contract principles and the private attorney general doctrine and principles codified at California Code of Civil Procedure § 1021.5, for all work performed through the mutual execution of this agreement. Under these legal principles, ABG shall reimburse Xxxxxxx’s counsel for fees and costs incurred as a result of investigating and bringing this matter to ABG’s attention, and negotiating a settlement in the public interest. Within ten (10) days of the Effective Date, ABG shall issue a check payable to “Xxxxxxx & Xxxxx” in the amount of $4,500.00 for delivery to the address identified in § 3.2(a)(i), above.

  • Legal Fees and Costs In the event a party elects to incur legal expenses to enforce or interpret any provision of this Agreement by judicial proceedings, the prevailing party will be entitled to recover such legal expenses, including, without limitation, reasonable attorneys’ fees, costs, and necessary disbursements at all court levels, in addition to any other relief to which such party shall be entitled.

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