Fee and Expense Application. (a) OTC Plaintiffs’ Counsel will submit an application or applications (the “Fee and Expense Application”) to the Court for an award from the Settlement Fund of the following:
(i) Attorneys’ fees not to exceed 33-1/3% of the Settlement Fund;
(ii) Reimbursement of litigation expenses, plus interest, incurred in connection with the prosecution of the OTC Action; and
(iii) May also seek service awards for Class Plaintiffs in conjunction with their representation of the Class.
(b) Barclays will take no position regarding the Fee and Expense Application. Attorneys’ fees, expenses, and interest as are awarded by the Court (“Fee and Expense Award”) to OTC Plaintiffs’ Counsel shall be paid from the Settlement Fund to OTC Plaintiffs’ Counsel immediately upon entry by the Court of an order awarding such amounts, notwithstanding the existence of any timely filed objections thereto, or potential for appeal therefrom, or collateral attack on the settlement or any part thereof, subject to OTC Plaintiffs’ Counsel’s joint and several obligation to repay those amounts to the Settlement Fund, plus accrued interest at the same net rate as is earned by the Settlement Fund, if and when, as a result of any appeal and further proceedings on remand, or successful collateral attack, the Fee and Expense Award is reduced or reversed, or return of the Settlement Fund is required consistent with the provisions of Paragraph 13(c) hereof. In such event, OTC Plaintiffs’ Counsel shall, within ten (10) business days from the event which requires repayment of the Fee and Expense Award, refund to the Settlement Fund the Fee and Expense Award paid to them, along with interest.
(c) Notwithstanding any other provision of this Agreement to the contrary, the Fee and Expense Application shall be considered by the Court separate and apart from its consideration of the fairness, reasonableness, and adequacy of the settlement, and any order or proceeding relating to the Fee and Expense Application, or any appeal of any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement or the settlement of the OTC Action, or affect the finality or binding nature of any of the releases granted hereunder. The Released Parties shall have no responsibility for, and no liability whatsoever with respect to, any payment of attorneys’ fees or expenses to OTC Plaintiffs’ Counsel.
Fee and Expense Application. The “Fee and Expense Application” shall mean the petition to be filed by Class Counsel seeking approval of an award of Attorneys’ Fees and Expenses and Service Awards for Class Agents and some Class Members. Class Counsel agrees not to file a Fee and Expense Application seeking additional financial remedies or payments from the Agency in excess of the Settlement Fund.
Fee and Expense Application. See Paragraph 9(a).
Fee and Expense Application. Class Counsel may submit an application or applications 21 (the “Fee and Expense Application”) for distributions from the Gross Settlement Fund, for: (a) an 22 award of attorneys’ fees; plus (b) reimbursement of expenses incurred in connection with prosecuting 23 the Actions; plus (c) any interest on such attorneys’ fees and expenses (until paid) at the same rate 24 and for the same periods as earned by the Settlement Fund, as appropriate, and as may be awarded 25 by the Court.
Fee and Expense Application. 7.1 Co-Lead Counsel may submit an application or applications (the “Fee and Expense Application”) to the Court for distributions to it from the Settlement Fund for: (a) an award of attorneys’ fees; (b) payment of expenses or charges resulting from the prosecution of the Action; and
Fee and Expense Application. Subject to Court approval, Dealership Class Lead Counsel may apply to the Court for an award of fees, reimbursement of expenses and class representative service awards; provided, however, that (i) any fees, expenses and service awards approved by the Court in respect of this Settlement shall be paid solely out of the Settlement Fund and CDK shall have no other liability for payment of any such fees and expenses and service awards, and (ii) CDK agrees not to take any position on any application of Dealership Class Counsel for such fees, expenses and service awards so long as the attorney fee award does not exceed one-third of all settlement monies collected on behalf of the dealerships in the Action, plus interest thereon.
Fee and Expense Application. Class Counsel intends to submit a Fee and Expense Application, seeking Attorneys’ Fees based on the value of the Settlement and the work performed in an amount not to exceed 25% of the Settlement Amount (i.e., $3,938,750), plus reasonable Reimbursable Expenses, and Xxxxxxx will not oppose the Fee and Expense Application up to this amount. Any amount awarded by the Court in response to such Fee and Expense Application shall be paid by the Settlement Administrator solely out of the Settlement Amount and shall be deducted (to the extent approved by the Court) from the Settlement Amount and paid to Class Counsel within fourteen (14) Business Days of the Effective Date.
Fee and Expense Application. Class Counsel shall file, no later than 14 days after the grant of Preliminary Approval, a Fee and Expense Application, subject to the provisions of Section VII of this Settlement Agreement. The Fee and Expense Application, or a separate motion filed by Plaintiff at the same time as the Fee and Expense Application, shall include a request for an incentive award to Plaintiff. Any judgment order on the Fee and Expense Application or the incentive award shall be separate and apart from the Final Approval of the Settlement, and an appeal solely of any award of attorneys’ fees and expenses or any incentive award shall not delay the Effective Date for the Settlement Agreement, which shall be fully implemented as soon as permissible under the terms of this Agreement. In the event of an appeal solely related to the Fee and Expense Application or the incentive award, the obligation of Defendants to pay the awarded fees and expenses or incentive award shall be automatically stayed until the later of the Effective Date and the date that a final judgment, no longer subject to appeal, has been entered awarding Class Counsel’s attorneys’ fees and expenses. Any final judgment awarding attorneys’ fees and costs or an incentive award that is no longer subject to appeal will be paid from the Plan as an administrative expense of the Plan. No award of attorneys’ fees and costs will be paid to the extent such award exceeds the amounts specified in Section 7.1. No incentive award will be paid to the extent such award exceeds the amount specified in Section 8.1.
Fee and Expense Application. 6.1. At the time that Bondholder Plaintiffs’ Counsel submit an application or applications (the “Fee and Expense Application”) to the Court for an award from the Settlement Fund, such application will seek: (i) attorneys’ fees; and (ii) reimbursement of litigation expenses, plus interest, incurred in connection with the prosecution of the Bondholder Action. In addition, Bondholder Plaintiffs’ Counsel may also seek service awards to Bondholder Plaintiffs in conjunction with their representation of the Bondholder Class in this litigation. Citi will take no position regarding the Fee and Expense Application or any request for service awards to Bondholder Plaintiffs.
6.2. Attorneys’ fees, expenses, service awards and interest as are awarded by the Court (“Fee and Expense Award”) shall be paid from the Settlement Fund to Bondholder Plaintiffs’ Counsel immediately upon entry by the Court of an order awarding such amounts, notwithstanding the existence of any timely filed objections thereto, or potential for appeal therefrom, or collateral attack on the Settlement or any part thereof, subject to Bondholder Plaintiffs’ Counsel’s joint and several obligation to repay those amounts to the Settlement Fund, plus accrued interest at the same net rate as is earned by the Settlement Fund, if and when, as a result of any appeal and further proceedings on remand, or successful collateral attack, the Fee and Expense Award is reduced or reversed, or return of the Settlement Fund is required consistent with the provisions of paragraph
Fee and Expense Application. Class Counsel may submit an application or applications (the “Fee and Expense Application”) for distributions from the Gross Settlement Fund for: (a) an award of attorneys’ fees; plus (b) reimbursement of expenses incurred in connection with prosecuting the Action; plus (c) any interest on such attorneys’ fees and expenses (until paid) at the same rate and for the same periods as earned by the Gross Settlement Fund, as appropriate, and as may be awarded by the Court. The Fee and Expense Application may also seek Court approval for service awards to Plaintiffs to compensate them for their contributions to this Action. The proposed service awards shall be in addition to any monetary award to Plaintiffs under the Distribution Plan, and are subject to Court approval.
