Payment of Attorneys’ Fees, Costs, and Service Awards. 85. Bancorp and Amegy understand Class Counsel will request attorneys’ fees of up to 33% of the Settlement Amount and full reimbursement of their costs and expenses. Any award of attorneys’ fees, costs, and expenses to Class Counsel shall be payable solely out of the Settlement Amount. The determination of Class Counsel’s request for attorneys’ fees shall be based on controlling Tenth Circuit precedent involving the award of fees in common fund class actions and not based on state law. The Parties agree that the Court’s failure to approve, in whole or in part, any award for attorneys’ fees shall not prevent the Settlement Agreement from becoming Effective, nor shall it be grounds for termination.
Payment of Attorneys’ Fees, Costs, and Service Awards. 67. Class Counsel will apply to the Court for an award of fees and expenses and Service Awards to the Class Representative. These amounts, as approved, will be paid from the Settlement Fund.
Payment of Attorneys’ Fees, Costs, and Service Awards. 161. TD Bank agrees not to oppose Class Counsel’s request for attorneys’ fees of up to 30% of the $70 million value of the Settlement, and not to oppose Class Counsel’s request for reimbursement of costs and expenses. Class Counsel agree not to make a request for attorneys’ fees that exceeds 30% of the $70 million value of the Settlement. Any award of attorneys’ fees, costs, and expenses to Class Counsel shall be payable solely out of the Settlement Fund. The determination of Class Counsel’s request for attorneys’ fees shall be based on controlling Fourth Circuit precedent and not based on state law. The Parties agree that the Court’s failure to approve an award of attorneys’ fees, costs, or expenses in the amount requested by Class Counsel shall not prevent the Settlement Agreement from becoming Effective, nor shall it be grounds for termination.
Payment of Attorneys’ Fees, Costs, and Service Awards. 89. Navy Federal agrees not to oppose Class Counsel’s request for attorneys’ fees of up to 33.33% of the Settlement Fund, and not to oppose Class Counsel’s request for reimbursement of reasonable costs and expenses. Any award of attorneys’ fees, costs, and expenses to Class Counsel shall be payable solely out of the Settlement Fund. The Parties agree that the Court’s failure to approve, in whole or in part, any award for attorneys’ fees shall not prevent the Settlement Agreement from becoming Effective, nor shall it be grounds for termination.
Payment of Attorneys’ Fees, Costs, and Service Awards. (a) Defendant agrees not to oppose or object to Settlement Class Counsel’s request for an award of attorneys’ fees and reimbursement of costs to be paid from the Monetary Consideration, provided that the total amount of any such request does not exceed twenty-five percent (25%) of the Monetary Consideration.
Payment of Attorneys’ Fees, Costs, and Service Awards. (a) Within 45 days of Preliminary Approval, Class Counsel will move for, and Defendants shall not oppose, an award of attorneys’ fees not to exceed 33.33% of the Class Payment, plus reimbursement of expenses and costs incurred, to be paid from the Class Payment.
Payment of Attorneys’ Fees, Costs, and Service Awards. 75. Class Counsel will request attorneys’ fees of one-third (33.33%) of the Settlement Fund and reimbursement of reasonable out-of-pocket costs and expenses incurred in connection with the prosecution of this action. Any award of attorneys’ fees, costs, and expenses to Class Counsel shall be payable solely out of the Settlement Fund. The Parties agree that the Court’s failure to approve, in whole or in part, any award for attorneys’ fees shall not prevent the Settlement Agreement from becoming Effective, nor shall it be grounds for termination.
Payment of Attorneys’ Fees, Costs, and Service Awards. 63. Xxxxxxxxx agrees not to oppose Class Counsel’s request for attorneys’ fees of up to Eighty-Five Thousand Dollars and 00/100 ($85,000.00) and reimbursement of reasonable, documented, out-of-pocket expenses in connection with this matter. Class Counsel agree not to make a request for attorneys’ fees that exceeds Eighty-Five Thousand Dollars and 00/100 ($85,000.00). Any award of attorneys’ fees (up to and including $85,000.00), costs, and expenses to Class Counsel shall be paid by Berkshire separately from the Settlement Fund. The Parties agree that the Court’s failure to approve, in whole or in part, any award for attorneys’ fees and reimbursement of costs and expenses shall not prevent the Settlement Agreement from becoming Effective, nor shall it be grounds for termination.
Payment of Attorneys’ Fees, Costs, and Service Awards. 90. Class Counsel will ask the Court to approve Service Awards to the Plaintiffs in the amount of $5,000 each to be paid out of the Settlement Amount. The Service Awards will be capped at $5,000 per Class Representative. The Service Awards are to be paid by the Settlement Administrator directly to the Class Representatives within 10 days of the Effective Date. The Service Awards shall be paid to the Class Representatives in addition to the Class Representatives’ Settlement Class Member Payments. Farmers agrees not to oppose Class Counsel’s request for the Service Awards. The Parties agree that the Court’s failure to approve the Service Awards, in whole or in part, shall not prevent the Settlement Agreement from becoming Effective, nor shall it be grounds for termination.
Payment of Attorneys’ Fees, Costs, and Service Awards. 103. Class Counsel will ask the Court to approve a Service Award to the Class Representative in the amount of $5,000 to be paid out of the Settlement Amount by the Settlement Administrator directly to the Class Representative within 20 days of the Effective Date. The Service Award shall be paid to the Class Representative in addition to the Class Representative’s Settlement Class Member Payment. Allstate agrees not to oppose Class Counsel’s request for the Service Award. The Parties agree that the Court’s failure to approve the Service Award, in whole or in part, shall not prevent the Settlement Agreement from becoming Effective, nor shall it be grounds for termination. 104. Class Counsel agree to cap their request for attorneys’ fees at thirty percent of the gross Settlement Amount ($7,500,000). Class Counsel agree to cap their request for costs and expenses at $400,000. Allstate agrees not to oppose Class Counsel’s request for attorneys’ fees of up to thirty percent of the Settlement Amount ($7,500,000), and not to oppose Class Counsel’s request for reimbursement of reasonable costs and expenses of up to $400,000. Any award of attorneys’ fees, costs, and expenses to Class Counsel shall be payable solely out of the Settlement Amount. The Parties agree that the Court’s failure to approve, in whole or in part, any award for attorneys’ fees or reduction or modification of any amount sought shall not prevent the Settlement Agreement from becoming Effective, nor shall it be grounds for termination. 105. Absent instructions from the Court, Class Counsel has the authority to allocate and distribute any awarded attorneys’ fees, costs, and expenses to other counsel, in its sole discretion. Allstate and Defense Counsel shall have not liability or responsibility for allocation of any such awarded funds, and, in the event that any dispute arises relating to the allocation of fees or costs, Class Counsel, and the Settlement Administrator agree to hold Allstate and Defense Counsel harmless from any and all such liabilities, costs, and expenses of such dispute, including attorneys’ fees. 106. Within 14 days of the Effective Date, the Settlement Administrator shall pay Class Counsel all Court-approved attorneys’ fees, costs, and expenses.
