Common use of Payment of Attorneys’ Fees, Costs, and Service Awards Clause in Contracts

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. 85. Bancorp and Amegy ZFNB 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. 85. Bancorp and Amegy Vectra 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. 85. Bancorp and Amegy NBAZ 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.