Legal Fees and Disbursements. The Borrower hereby acknowledges and agrees that this Amendment constitutes a Transaction Document and that the provisions of Section 14.5(a) of the Credit and Security Agreement apply hereto.
Legal Fees and Disbursements. (1) Class Counsel will bring motions to the Courts for approval of Class Counsel Fees. Such Fees are awarded at the discretion of the Courts after hearing from counsel for the Parties. The Defendants will not take any position with respect to the amount of Class Counsel Fees requested by Class Counsel.
(2) Class Counsel Fees shall be paid out of the Settlement Amount and may be paid out only after Class Counsel obtain the approval of the Courts. The approval of the Settlement shall not be contingent upon the approval Class Counsel Fees.
(3) Class Members who have retained, or in the process of making a claim do retain, lawyers to assist them in making their individual claims to this Settlement shall be responsible for the legal fees and expenses of such lawyers.
Legal Fees and Disbursements.
8.1 Fee Approval
(1) Class Counsel shall bring an application to the Court for the determination of Class Counsel Legal Fees to be paid from the Settlement Amount.
(2) The approval of this Settlement Agreement is not contingent on the outcome of any application regarding Class Counsel Legal Fees.
(3) Class Counsel shall not be precluded from making additional applications to the Court for expenses incurred as a result of implementing the terms of this Settlement Agreement. All amounts awarded on account of Class Counsel Legal Fees shall be paid from the Settlement Amount.
Legal Fees and Disbursements. 4.15.1 Subject as expressly provided in this clause 4.15, the Vendor and the Purchaser shall be separately liable each to his own attorney, but not to the attorney of the other, for all legal costs incurred in connection with this transaction.
4.15.2 The Purchaser shall pay to the Vendor’s Attorneys on the Completion Date the sum of Three thousand five hundred Bermuda Dollars (BD$3,500.00) as the recommended Bermuda Bar Association Council’s scale fee for the provision of leasehold development documents (namely this Agreement, the Lease, any linked agreement and the FF&E Addendum).
4.15.3 For the avoidance of doubt the Vendor shall not be liable to pay any conveyance charge or other fee to the Purchaser’s Attorneys.
4.15.4 The stamp duty payable on this Agreement, the Lease and the bill of sale (if any) shall be paid by the Purchaser.
4.15.5 The legal costs incurred in connection with any application by the Purchaser for a Licence in Principle and Final Licence to acquire the Property together with any fee payable in respect thereof shall be paid by the Purchaser.
4.15.6 The legal costs incurred in connection with the preparation by the Purchaser’s Attorneys of any mortgage of the Property together with stamp duty and the registration fees payable therefor shall be paid by the Purchaser.
4.15.7 The legal costs incurred in respect of securing the Secured Lender’s Consent (and any release of the Lender’s security over the Property) shall be paid by the Vendor.
4.15.8 The costs of separating the Modified Estate from the Current Estate (if applicable) shall be paid by the Guarantor.
Legal Fees and Disbursements. 1. Class Counsel shall bring an application to the Court for approval of Class Counsel Fees.
2. Class Counsel Fees shall be paid out of the Settlement Amount and any such fees may be paid out only after the Effective Date. The approval of this Global Settlement Agreement shall not be contingent upon the approval Class Counsel Fees.
3. Class Members who have retained, or in the process of making a claim do retain, lawyers to assist them in making their individual claims to this Global Settlement Agreement shall be responsible for payment of the legal fees and expenses of such lawyers.
4. Class members who are Opt-Outs and who retain separate legal counsel to advance individual claims shall bear the responsibility for payment of their legal fees and disbursements.
Legal Fees and Disbursements. 12.1 Fee Approval
(1) Class Counsel shall bring a motion to the Ontario Court for the determination of Class Counsel Legal Fees to be paid from the Settlement Amount.
(2) The approval of the Settlement Agreement is not contingent on the outcome of any motion regarding Class Counsel Legal Fees.
(3) Class Counsel shall not be precluded from making additional motions to the Ontario Court for expenses incurred as a result of implementing the terms of this Settlement Agreement. All amounts awarded on account of Class Counsel Legal Fees shall be paid from the Settlement Amount.
(4) The Released Parties hereby acknowledge and agree that they are not parties to the motions concerning the approval of Class Counsel Legal Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Legal Fees and they will not take any position or make any submissions concerning Class Counsel Legal Fees.
Legal Fees and Disbursements. 12.1 Fee Approval
(1) Class Counsel shall bring an application to the Court for the approval of Class Counsel Legal Fees once the Compensation Protocol is completed.
(2) The approval of the Settlement Agreement is not contingent on the outcome of any application regarding Class Counsel Legal Fees.
(3) The Defendant will not object to any claim for fee approval, provided that the claim is strictly consistent with Class Counsel Legal Fees as defined in the Settlement Agreement and the jurisprudence and principles generally applied by the Court in respect of such fees
(4) Class Members who retain lawyers to assist them in making their individual claims for compensation pursuant to this Settlement Agreement or to appeal the classification or rejection of their claim for Consideration, shall be responsible for the legal fees and expenses of such lawyers.
Legal Fees and Disbursements. 26. Class Counsel shall bring an application to the Court for determination of Class Counsel Fees, and for directions with respect to allocation of Class Counsel Fees from the Settlement Funds.
27. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Funds only after the Effective Date, and in such proportion, manner or priority as the Court may direct. It is understood and agreed that the Defendants shall have no obligation to make any payments towards Class Counsel Fees, in addition to the Settlement Funds.
28. The Releasees shall not be parties to the application concerning the approval of Class Counsel Fees, and will have no involvement in the approval process to determine the amount of Class Counsel Fees. The Releasees will not take any position or make any submissions to the Court concerning the Class Counsel Fees or how such Class Counsel Fees shall be allocated and paid from the Settlement Funds.
29. The approval of this Settlement Agreement shall not be contingent upon the approval of Class Counsel Fees. Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Settlement Agreement or affect or delay the finality of the Approval and Certification Order and the resolution of the proceeding provided therein.
30. The procedure for, and the allowance or disallowance by the Court of, any requests for Class Counsel Fees are not part of the settlement provided for herein, and are to be considered by the Court separately from its consideration of the fairness, reasonableness and adequacy of the settlement provided for herein.
31. Settlement Class members who have retained, or do retain lawyers to assist them in the process of making a claim for compensation from the Reversionary Funds, shall bear the responsibility for payment of the legal fees and expenses of such lawyers.
32. Opt-out Individuals who retain separate legal counsel to advance individual claims shall bear the responsibility for payment of their legal fees and disbursements.
Legal Fees and Disbursements. 8.1 Motion to Approve Fees and Disbursements
(a) Class Counsel will bring a motion to the Ontario Court for approval of Class Counsel Fees at the same time as the Approval Hearing. Such Fees and disbursements are awarded at the discretion of the Ontario Court after hearing from counsel for the Parties. Mezentco, Medbuy and the Hospitals will not take any position with respect to the amount of Fees requested by Class Counsel.
(b) Class Counsel will apply the monies payable by Mezentco, Medbuy and the Hospitals towards Costs in respect of fees and disbursements approved by the Ontario Court. Any legal fees and/or disbursements awarded to Class Counsel as approved by the Ontario Court in excess of the amount listed in paragraph 3.1(a)(iii) will come from the Settlement Amount and not from Mezentco, Medbuy and/or the Hospitals.
(c) Class Counsel Fees may be paid out of the Account only after Class Counsel obtains Ontario Court approval.
