Common use of Motion for Approval of Class Counsel Fees Clause in Contracts

Motion for Approval of Class Counsel Fees. (1) At the hearing of the Approval Motions by the Courts, Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement Amount. Class Counsel are not precluded from making additional motions to the Courts for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees acknowledge that they are not parties to the motions concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts concerning Class Counsel Fees. (3) The procedure for, and the allowance or disallowance by the Courts of, any requests for Class Counsel Fees to be paid out of the Settlement Amount are not part of the Settlement provided for herein, except as expressly provided in section 8(1), and are to be considered by the Courts separately from its consideration of the fairness, reasonableness and adequacy of the Settlement provided for herein. (4) 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 Agreement or affect or delay the finality of the Approval Orders and the Settlement of the Actions provided herein.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Motion for Approval of Class Counsel Fees. (1) At Following the hearing of the Settlement Approval Motions by the CourtsMotion (Fresco), it is anticipated that Class Counsel may will seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement Amount. and Class Counsel are not precluded from making additional motions Disbursements to the Courts for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) Fund. The Settling Defendant and Releasees acknowledge acknowledges that they are not parties it has no interest in relation to the motions concerning the approval of Class Counsel FeesFees and Class Counsel Disbursements, they and as such will have no involvement in the fee approval process to determine the amount of Class Counsel Fees and they Class Counsel Disbursements and it will not take any position or make any submissions to the Courts Court concerning Class Counsel FeesFees and Class Counsel Disbursements, except as specifically requested and required by the Court. (32) The procedure forapproval, and the allowance or disallowance denial, by the Courts of, Court of any requests for Class Counsel Fees and Class Counsel Disbursements to be paid out of the Settlement Amount Fund are not part of the Settlement provided for herein, except for the priorities of distribution as expressly provided in section 8(1), 5(1) and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness reasonableness, and adequacy of the Settlement provided for herein. (43) Any order or proceeding relating to Class Counsel FeesFees and Class Counsel Disbursements, or any appeal from any such 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 Orders Approved Settlement Order and the Settlement of the Actions this Action provided herein.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) At the hearing of Immediately following the Approval Motions by the CourtsMotions, Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement AmountFunds. Class Counsel are not precluded from making additional motions applications to the Courts for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees Defendants acknowledge that they are not parties to the motions concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts concerning Class Counsel Fees, except as requested and required by a Court. (3) The procedure for, for and the allowance or disallowance by the Courts of, of any requests for Class Counsel Fees to be paid out of the Settlement Amount Funds are not part of the Settlement provided for herein, except as expressly provided in section 8(1)SECTION 6, and are to be considered by the Courts separately from its consideration of the fairness, reasonableness reasonableness, and adequacy of the Settlement provided for herein. (4) 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 Agreement or affect or delay the finality of the Approval Orders and the Settlement of the Actions this Action provided herein.

Appears in 2 contracts

Samples: Securities Litigation Settlement Agreement, Securities Litigation Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) At the hearing of the Approval Motions by the CourtsHearing, Class Counsel may shall seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement Amount. Class Counsel are not precluded from making additional motions applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees. (3) The procedure for, for and the allowance or disallowance by the Courts of, Court of any requests for Class Counsel Fees to be paid out of the Settlement Amount are not part of the Settlement provided for herein, except as expressly provided in section 8(1), herein and are to may be considered by the Courts Court separately from its consideration of the fairness, reasonableness and adequacy of the Settlement provided for herein. (4) 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 the Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of the Actions Action as provided herein.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) At the hearing of the Approval Motions by the Courts, Hearing Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement Amount. Class Counsel are not precluded from making additional motions applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees. (3) The procedure for, and the allowance or disallowance by the Courts of, Court of any requests for Class Counsel Fees to be paid out of the Settlement Amount are not part of the Settlement provided for herein, except as expressly provided in section 8(17(a), and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness reasonableness, and adequacy of the Settlement provided for herein. (4) 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 Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of the Actions this Action provided herein.

Appears in 1 contract

Samples: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) At the hearing of the Approval Motions by the CourtsHearing, Class Counsel may shall seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement Amount. Class Counsel are not precluded from making additional motions applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts concerning Class Counsel Fees. (3) The procedure for, for and the allowance or disallowance by the Courts of, Court of any requests for Class Counsel Fees to be paid out of the Settlement Amount are not part of the Settlement provided for herein, except as expressly provided in section 8(1), herein and are to may be considered by the Courts Court separately from its consideration of the fairness, reasonableness and adequacy of the Settlement provided for herein. (4) 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 the Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of the Actions Action as provided herein.

Appears in 1 contract

Samples: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) At Immediately following the hearing of the Approval Motions by the CourtsSecond Motion, Class Counsel may seek bring a motion seeking the Court’s approval for the payment of Class Counsel Fees to be paid as a first charge on the Settlement Amount. Class Counsel are not precluded from making additional motions applications to the Courts Court for expenses incurred as a result of implementing in the terms implementation of the AgreementSettlement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees Defendants acknowledge that they are not parties to the motions concerning the motion for approval of Class Counsel Fees, they and will have no involvement not participate in the motion for approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts concerning Class Counsel Fees. (3) The procedure for, and the allowance or disallowance by the Courts of, Court of any requests for Class Counsel Fees to be paid out of the Settlement Amount are not part of the Settlement provided for herein, except as expressly provided in section 8(17(a), and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness reasonableness, and adequacy of the Settlement provided for herein. (4) 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 the Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of the Actions Action provided herein.

Appears in 1 contract

Samples: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) At the hearing of the Approval Motions by the Courts, Hearing Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement Amount. Class Counsel are not precluded from making additional motions applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees. (3) The procedure for, and the allowance or disallowance by the Courts of, Court of any requests for Class Counsel Fees to be paid out of the Settlement Amount are not part of the Settlement provided for herein, except as expressly provided in section 8(17(a), and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness reasonableness, and adequacy of the Settlement provided for herein. (4) 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 the Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of the Actions Action provided herein.

Appears in 1 contract

Samples: Settlement Agreement

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Motion for Approval of Class Counsel Fees. (1) At the hearing of the Approval Motions by the Courts, Hearing Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement Amount. Class Counsel are not precluded from making additional motions applications to the Courts Court for expenses incurred as a result of implementing the terms of the this Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees, except as requested or required by the Court. (3) The procedure for, and the allowance or disallowance by the Courts of, Court of any requests for Class Counsel Fees to be paid out of the Settlement Amount are not part of the Settlement provided for herein, except as expressly provided in section 8(1)Section 6, and are to may be considered by the Courts Court separately from its consideration of the fairness, reasonableness reasonableness, and adequacy of the Settlement provided for herein. (4) 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 Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of the Actions this Action provided herein.

Appears in 1 contract

Samples: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) At the hearing As part of the Approval Motions by the CourtsMotions, it is anticipated that Class Counsel may will seek the approval of Class Counsel Fees to be paid as a first charge on from the Settlement AmountFund. Class Counsel are not precluded from making additional motions applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees Defendants acknowledge that they are not parties haveno interest in relation to the motions concerning the approval of Class Counsel Fees, they Fees and as such will have no involvement in the fee approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees, except as specifically requested and required by the Court. (3) The procedure forapproval, and the allowance or disallowance denial, by the Courts of, Court of any requests for Class Counsel Fees to be paid out of the Settlement Amount Fund are not part of the Settlement provided for herein, except as expressly provided in section 8(1)6, and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness reasonableness, and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any such order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement or affect or delay the finality of the Approval Orders Approved Settlement Order and the Settlement of the Actions this Action provided herein.

Appears in 1 contract

Samples: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) At the hearing of the Approval Motions by the Courts, Hearing Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement Amount. Class Counsel are not precluded from making additional motions applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees. (3) The procedure for, and the allowance or disallowance by the Courts of, Court of any requests for Class Counsel Fees to be paid out of the Settlement Amount are not part of the Settlement provided for herein, except as expressly provided in section 8(17(a), and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness reasonableness, and adequacy of the Settlement provided for herein. (4) 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 the Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of the Actions Action provided herein.

Appears in 1 contract

Samples: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) At the hearing of the Approval Motions Class Counsel will submit fee applications for consideration by the Courts, Class Counsel may seek . The determination of the approval amount of Class Counsel Fees to will be paid as a first charge on made by the Settlement AmountCourts. Class Counsel are not precluded from making additional motions to the Courts applications for expenses incurred as a result of implementing the terms of the Settlement Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Settling Defendant and Releasees acknowledge that they are not parties Defendants will neither consent to the motions concerning the nor oppose approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they . The Defendants will not take any position or make any submissions relating to the Courts concerning Class Counsel Fees. (3) Section 16.1(2) is not an acknowledgement by the Class or Class Counsel that the Defendants have standing to make any submissions to the Court about the fee agreements or Class Counsel Fees. (4) The procedure for, and the allowance or disallowance by the Courts of, of any requests for for, Class Counsel Fees to be paid out of the Settlement Amount are not part of the Settlement provided for herein, except as expressly provided in section 8(16.2(a), and are to be considered by the Courts separately from its their consideration of the fairness, reasonableness reasonableness, and adequacy of the Settlement settlement provided for herein. (4) . 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 the Settlement Agreement or affect or delay the finality of the Approval Orders and the Settlement of the Actions provided herein.

Appears in 1 contract

Samples: Settlement Agreement (Southwestern Resources Corp)

Motion for Approval of Class Counsel Fees. (1) At the hearing of the Approval Motions by the CourtsPhase II Hearing (Settlement Approval), Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on from the Escrow Settlement Amount. Class Counsel are not precluded from making additional motions applications to the Courts Court for expenses additional Class Counsel Fees incurred thereafter as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Escrow Settlement Amount. (2) The Settling Defendant and Releasees Defendants acknowledge that they will be served with the motion materials for the approval of Class Counsel Fees and the Defendants and Defendants’ Counsel are not parties entitled to the motions concerning the attend any motion for approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and but they will not take any position or with respect to Class Counsel Fees and, except as requested by the Court, will not make any submissions to the Courts Court concerning Class Counsel Fees. (3) The procedure for, for and the allowance or disallowance by the Courts of, Court of any requests for Class Counsel Fees to be paid out of the Escrow Settlement Amount are not part of the Settlement provided for herein, except as expressly provided in section 8(1), herein and are to the Parties agree that they shall be considered by the Courts Court separately from its consideration of the fairness, reasonableness and adequacy of the Settlement provided for herein. (4) 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 the Agreement or affect or delay the finality of the Approval Orders Phase II Order (Settlement Approval) and the Settlement of the Actions Action as provided herein.

Appears in 1 contract

Samples: Settlement Agreement

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