Payment of Attorneys’ Fees and Costs. Southfield has agreed not to oppose a request for a payment of attorneys’ fees by Class Counsel in the amount of 33 1/3 % of the Settlement Amount, and the reimbursement of reasonable expenses, to be paid from the Settlement Fund. The Court may be asked to approve the payment of attorneys’ fees and expenses in this amount during the Fairness Hearing, and Southfield will not oppose the request for approval. These fees and expenses, however, will not be paid until time for appeal and/or appeal of this Settlement has been exhausted. YOUR LEGAL RIGHTS AND OPTIONS IF YOU ARE A CLASS MEMBER: (YOU MUST CHOOSE BETWEEN ONE OF THESE OPTIONS) DEADLINE EXCLUDE YOURSELF You may exclude yourself from the Settlement, in which case you will not be eligible to receive any payments from the Settlement that are approved by the Court, or to comment on the Settlement. A request for exclusion must: (i) state that you intend to “opt-out” or request “exclusion” from the Settlement Class against Southfield Corporation f/k/a Prairie Material Sales; (ii) contain the full name and current address of the person or entity requesting exclusion; (iii) contain the title and a statement of authority of any person requesting exclusion from the Settlement Class on behalf of an entity other than an individual; (iv) contain the title of the Lawsuit: “In re Ready Mixed Concrete Antitrust Litigation;” (v) be signed by you; and (vi) be sent by U.S. mail, first class and postage prepaid, with a postmark on or before , to Class Counsel at the address below. M/D/Y DO NOTHING If you choose to do nothing you will remain eligible to receive any payments from the Settlement that are approved by the Court. This will result in a release of any right you may have to pursue the same legal claims brought, or which could have been brought, in this case against Southfield, but will not result in a release of any right you may have to pursue the same legal claims against the other Defendants. N/A OBJECT You may write to the Court if you do not think the Settlement is fair. If you exclude yourself from the Settlement you may not object. To be considered, any objection must: (i) contain the full name and current address of the person objecting; (ii) contain the title and a statement of authority of any person objecting on behalf of an entity other than an individual; (iii) contain the title of the Lawsuit: “In re Ready Mixed Concrete Antitrust Litigation;” (iv) state the reasons for your objection; (v) be accompa...
Payment of Attorneys’ Fees and Costs. Only after agreeing to the material terms set forth in this Settlement Agreement and the structure of relief for the Settlement Class, the Parties negotiated the maximum amount of any Attorneys’ Fees, Cost, and Service Awards that Class Counsel and Plaintiffs would seek, subject to the approval of the Court.
Payment of Attorneys’ Fees and Costs. The guidelines of this court for allowance and payment of attorneys’ fees and related expenses incurred for performing the services in Chapter 13 cases which are to be included in the Base Fee without a detailed fee application provide for the following maximum Base Fee: $6,000 (excluding the petition filing fee and with a maximum of $5,000 to be paid prior to Plan confirmation) in cases where Debtor is engaged in a business; or $5,000 (excluding the petition filing fee) in all other cases. In this case, the parties agree that the Base Fee (excluding the petition filing fee) will be $ . Other than the initial retainer, Attorney may not receive fees directly from Debtor before Plan confirmation. All other fees due through confirmation must be paid through the Plan unless otherwise ordered by the court. If Attorney performs tasks on behalf of Debtor for which Additional Fees may be awarded, Attorney may apply to the court for such Additional Fees and costs, but such applications will be reviewed by both the Chapter
Payment of Attorneys’ Fees and Costs. In the event that either of the Parties elects to withdraw from this Settlement Agreement in accordance with this Article, then each Party shall pay their own attorneys’ fees and costs, and Defendant shall have no obligation whatsoever to fund the payment of the Negotiated Fee Award.
Payment of Attorneys’ Fees and Costs. The DOC agrees to pay Plaintiffs’ attorneys $195,000 in Attorneys’ Fees and Costs within sixty (60) days of the Effective Date of this Agreement. Plaintiffs’ counsel agree to monitor the enforcement of this Agreement without payment of counsel fees; provided, however, that if the Plaintiffs prevail on a motion to enforce the Agreement pursuant to para. 9, supra, Plaintiffs’ counsel may seek attorneys’ fees and costs for reasonable time spent on the enforcement of this Agreement.
Payment of Attorneys’ Fees and Costs. If upon an Event of Default: (i) this Mortgage or any Loan Document is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding; (ii) an attorney is retained to represent Mortgagee in any bankruptcy, reorganization, receivership, or other proceeding affecting creditor's rights and involving a claim under this Mortgage or any of the Loan Documents; (iii) an attorney is retained to protect or enforce the lien of the Mortgage or any of the Loan Documents; or (iv) an attorney is retained to represent Mortgagee in any other proceeding whatsoever in connection with this Mortgage, any of the Loan Documents or any property subject thereto, then Mortgagor shall pay to Mortgagee all reasonable attorneys' fees, costs, expenses and disbursements incurred in connection therewith, in addition to all other amounts due hereunder.
Payment of Attorneys’ Fees and Costs. The guidelines in this district for payment of costs incurred in performing the services described in bold face type in this agreement (“Included Costs”) and attorneys’ fees in chapter 13 cases without a detailed fee application provide for the following maximum Included Costs and fees for the services described in this agreement in bold face type (that is, the services described on pages 3 through 5 of this agreement): $5,000 (excluding the petition filing fee and with a maximum of $4,000 to be paid prior to confirmation) in cases where the Debtor is engaged in a business; or $4,000 (excluding the petition filing fee) in all other cases. In this case, the parties agree that the Included Costs (excluding the petition filing fee) and fee for the services described in bold face type in this agreement will be $ . Other than the initial retainer, the attorney may not receive fees directly from the Debtor prior to confirmation. All other fees due through confirmation shall be paid through the plan unless otherwise ordered by the court. If the attorney performs tasks on behalf of the Debtor not set forth in bold face, the attorney may apply to the court for additional fees and costs, but such applications will be reviewed by both the chapter 13 trustee and the court. The attorney agrees to charge for such additional services at the rate of $ per hour. The attorney agrees to give the Debtor written notice of any change in the hourly rate prior to rendering additional services. Alternatively, the attorney may charge a reasonable flat fee for some specified service(s). In either event, the attorney shall disclose to the court in the fee application any fees paid or costs reimbursed by the Debtor and the source of those payments. The attorney may receive fees for such additional services directly from the Debtor. Any fees received directly from the Debtor will be deposited in the attorney’s trust account until a fee application is approved by the court. If the Debtor disputes the legal services provided or the fees or costs charged by the attorney, the Debtor may file an objection with the court and request a hearing. Should the representation of the Debtor create a hardship, the attorney may seek a court order allowing the attorney to withdraw from the case. The Debtor may discharge the attorney at any time. Debtor’s Signature. The Xxxxxx’s signature below certifies that the Debtor has read, understands and agrees to the best of his or her ability to carry out the ...
Payment of Attorneys’ Fees and Costs. Plaintiffs contend that they are the prevailing parties in the Lawsuit, at least in part, pursuant to 42 U.S.C. § 1988. Defendants disagree with Plaintiffs’ contention that Plaintiffs are prevailing parties with respect to any claim asserted or relief sought in the Lawsuit. However, this Agreement is part of a compromise, and to resolve the Parties’ dispute, and for complete satisfaction and release of the claims asserted and relief sought in the Lawsuit (including any claim for attorneys’ fees and costs under 42 U.S.C. § 1988), Defendants agree to pay Plaintiffs’ counsel $500,000.00. The Parties agree that $500,000.00 are reasonable and necessary attorney’s fees and costs for this Lawsuit.
Payment of Attorneys’ Fees and Costs. 2.10.1. The Individual Settlement Agreements compensate Class Counsel for all attorneys’ fees reasonably incurred in prosecuting Plaintiffs’ Individual Retaliation Claims, as well as the wage and hour claims asserted on behalf of the Plaintiff Class. Class Counsel will be paid $90,000, for prosecuting the Litigation.
Payment of Attorneys’ Fees and Costs. 1. Subject to entry of the Approval Order and Judgment of the Court, Defendant will not oppose, undermine, or solicit others to oppose or undermine an Attorney Fee/Litigation Cost Award in the amount of $510,000.00. Settlement Class Counsel agrees not to seek, and Defendant shall not be obligated to pay, Settlement Class Counsel’s fees and expenses in excess of this amount.
