Class Counsel’s Fees and Expenses. On or before 30 days prior to the Response Deadline, Class Counsel may apply to the Court for a Fee and Expense Award from the Gross Settlement Fund, not to exceed 30% of the Gross Settlement Fund as reasonable attorneys’ fees, plus Class Counsel’s reasonable expenses incurred in the Lawsuit. Bedford and Xxxxxxxx xxx respond to the Fee and Service Award Application as they deem appropriate. The Parties agree that the amount of attorneys’ fees ultimately paid from the Gross Settlement Fund will not in any way reduce, increase, or otherwise modify Bedford’s and Victoria’s obligation to pay the agreed-upon sum for the Gross Settlement Fund. Class Counsel Fees shall be subject to approval by the Court. Class Counsel shall be solely responsible for paying any monies due to any and all other counsel for Plaintiffs, out of the Fee and Expense Award. Xxxxxxx and Xxxxxxxx shall not be liable for any claims ensuing from distribution of attorneys’ fees and expenses. The Parties did not discuss any award of attorneys’ fees or expenses until the material terms of the Settlement Agreement were agreed. In consideration of this Agreement, Plaintiffs on behalf of themselves and the Class release the Released Entities of any and all claims for attorneys’ fees or costs, by lien or otherwise, subject to approval of the fees awarded by the Court. Plaintiffs further agree that the Fee and Expense Award, if any, shall compensate them for all legal work in the Lawsuit up to and including the Effective Date, as well as for all legal work and costs that may be incurred in the Lawsuit after the Effective Date. This Settlement Agreement is not conditioned upon the Court awarding any Fee and Expense Award and should the Court decline to make a Fee and Expense Award or approve a Fee and Expense Award less than that sought by Class Counsel, the remaining provisions of the Settlement Agreement shall be binding and effective.
Class Counsel’s Fees and Expenses. 55. No later than thirty (30) days prior to the Objection Deadline, Class Counsel may make written application to the Court for a Fee Award of up to one-third of the Settlement Fund. RGS agrees not to oppose such application in an amount not to exceed one-third of the Settlement Fund. The Parties agree that the Court (and only the Court) shall determine the final amount of the Fee Award in this Action.
Class Counsel’s Fees and Expenses. Class Counsel may move the Court for an attorney fee award of no more than $1,027,903.48, representing twenty-five percent of the Settlement Fund (“Class Counsel’s Fees”). ABM agrees not to oppose Class Counsel’s request for this amount of Class Counsel’s Fees. This one quarter (1/4) figure is used for ease of calculation purposes and does not represent a contingent-fee recovery; instead, the one quarter (1/4) figure is awarded in lieu of the lodestar and/or other statutory fee-shifting attorney fees to which Class Counsel asserts he would otherwise be entitled under a successful resolution of the underlying claims against ABM via litigation. Any Class Counsel’s Fees awarded will be distributed contemporaneously with the distribution of the Settlement Fund payments. In the event that the Court orders a Class Counsel’s Fees award of less than the requested amount, (a) that occurrence shall have no bearing on the validity or enforceability of this Settlement Agreement, and
Class Counsel’s Fees and Expenses. 55. No later than thirty (30) days prior to the Objection Deadline, Class Counsel may make written application to the Court for a Fee Award of up to one-third of the Settlement Fund. Xx. Xxxxxx agrees not to oppose such application in an amount not to exceed one-third of the Settlement Fund. The Parties agree that the Court (and only the Court) shall determine the final amount of the Fee Award in this Action, which shall be paid from the Settlement Fund.
Class Counsel’s Fees and Expenses. “Class Counsels’ Fees and Expenses” means the reasonable attorneys’ fees and expenses of Class Counsel that they will apply for to be paid from the Settlement Fund, subject to approval of the Court.
Class Counsel’s Fees and Expenses
