Settlement Independent of Award of Fees, Costs and Incentive Payments Sample Clauses

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, and incentive payments set forth in Sections 5.01 and 5.02 are subject to and dependent upon the Court’s approval as fair, reasonable, adequate, and in the best interests of Settlement Class Members. However, this Settlement is not dependent or conditioned upon the Court’s approving Plaintiffs’ requests for such payments or awarding the particular amounts sought by Plaintiffs. In the event the Court declines Plaintiffs’ requests or awards less than the amounts sought, this Settlement will continue to be effective and enforceable by the Parties.
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Settlement Independent of Award of Fees, Costs and Incentive Payments. The payment of attorney’s fees and the incentive payment set forth in Sections 6.01 and
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Settlement Independent of Award of Fees, Costs and Incentive Payments. The payment of attorneys’ fees, costs and any incentive payment set forth in the above Sections 4.02 and 4.03 are subject to and dependent upon the Court’s approval of the Settlement Agreement as fair, reasonable, adequate and in the best interests of Settlement Class Members. However, this Settlement Agreement is not dependent or conditioned upon the Court approving Plaintiffs’ requests for such payments or awarding the particular amounts sought by Plaintiffs. In the event the Court declines Plaintiffs’ requests or awards less than the amounts sought, this Settlement Agreement shall continue to be effective and enforceable by the Parties.
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Settlement Independent of Award of Fees, Costs and Incentive Payments. The payment of Class Counsel’s attorneys’ fees, costs and the incentive payment set forth above in Sections 6.01 and 6.02 are subject to and dependent upon the Court’s approval of the Agreement as fair, reasonable, adequate, and in the best interests of Settlement Class Members. However, this Agreement is not dependent upon the Court’s approval of Plaintiffs’ or Class Counsel’s requests for such payments or awarding the particular amounts sought by Plaintiffs or Class Counsel. In the event the Court declines Plaintiffs’ or Class Counsel’s requests for attorneys’ fees and costs or incentive awards, or awards less than the amounts sought by Plaintiffs or Class Counsel, this Agreement and Release shall continue to be effective and enforceable by the Parties.
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Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs and incentive payments set forth in Sections 5.05, 5.06, 6.01 and 6.02 are subject to and dependent upon the Court’s approval as fair, reasonable, adequate and in the best interests of Settlement Class Members. However, this Settlement is not dependent upon the Court’s approving Plaintiffs’ requests for such payments or awarding the particular amounts sought by Plaintiffs. In the event the Court declines Plaintiffs’ requests or awards less than the amounts sought, this Settlement shall continue to be effective and enforceable by the Parties. If Plaintiffs or Class Counsel file an appeal limited solely to the issue of the amount of attorneys’ fees awarded by the Court to Class Counsel, such appeal shall not affect the timing of the distribution of the Settlement Fund to the Approved Claimants.
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Related to Settlement Independent of Award of Fees, Costs and Incentive Payments

  • Recovery of Bonus and Incentive Compensation Any bonus and incentive compensation paid to you during a CPP Covered Period is subject to recovery or “clawback” by the Company if the payments were based on materially inaccurate financial statements or any other materially inaccurate performance metric criteria.

  • Incentive Payments The Settlement Fund Administrator will treat incentive payments under Section IV.F on a State-specific basis. Incentive payments for which a Settling State is eligible under Section IV.F will be allocated fifteen percent (15%) to its State Fund, seventy percent (70%) to its Abatement Accounts Fund, and fifteen percent (15%) to its Subdivision Fund. Amounts may be reallocated and will be distributed as provided in Section V.D.

  • Cash and Incentive Compensation (a) All payments referenced in this Agreement are subject to applicable tax withholdings and authorized or required deductions.

  • Incentive Payment 11.3.1 An employer may offer and an employee may accept an early retirement incentive based on the age at retirement to be paid in the following amounts Age at Retirement % of Annual Salary at Time of Retirement 11.3.2 An employer may opt to pay the early retirement incentive in three equal annual payments over a thirty-six (36) month period. 11.3.3 Eligible bargaining unit members may opt for a partial early retirement with a pro- rated incentive.

  • Performance Bonuses The Executive will be eligible to receive an annual cash bonus at an annualized rate of up to 40% of his base salary, based on the achievement of reasonable individual and Company performance targets to be established by the Company and Parent.

  • Bonus and Incentive Compensation Executive shall be entitled to equitable participation in incentive compensation and bonuses in any plan or arrangement of the Bank or the Company in which Executive is eligible to participate. Nothing paid to Executive under any such plan or arrangement will be deemed to be in lieu of other compensation to which Executive is entitled under this Agreement.

  • Incentive Bonus During the Term, Employee shall be eligible to receive an incentive bonus up to the amount, based upon the criteria, and payable in such amount, at such times as are specified in Exhibit A attached hereto. The manner of payment, and form of consideration, if any, shall be determined by the Compensation Committee of the Board, in its sole and absolute discretion, and such determination shall be binding and final. To the extent that such bonus is to be determined in light of financial performance during a specified fiscal period and this Agreement commences on a date after the start of such fiscal period, any bonus payable in respect of such fiscal period's results may be prorated. In addition, if the period of Employee's employment hereunder expires before the end of a fiscal period, and if Employee is eligible to receive a bonus at such time (such eligibility being subject to the restrictions set forth in Section 6 below), any bonus payable in respect of such fiscal period's results may be prorated.

  • Annual Incentive Payment The Executive shall participate in the Company's Management Incentive Plan (or such alternative, successor, or replacement plan or program in which the Company's principal operating executives, other than the Chief Executive Officer, generally participate) and shall have a targeted incentive thereunder of not less than $240,000 per year; provided, however, that the Executive's actual incentive payment for any year shall be measured by the Company's performance against goals established for that year and that such performance may produce an incentive payment ranging from none to 200% of the targeted amount. The Executive's incentive payment for any year will be appropriately pro-rated to reflect a partial year of employment.

  • Final Compensation Final Compensation for an employee, who is employed by the State for the first time and becomes a member of CalPERS prior to January 15, 2011, is based on the highest average monthly pay rate during twelve (12) consecutive months of employment. Final Compensation for an employee, who is employed by the State for the first time and becomes a member of CalPERS on or after January 15, 2011, is based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.

  • Incentive Bonuses After the Company attains profitability, the Employee shall be eligible to be considered for an annual incentive bonus. Such bonus (if any) shall be awarded based on objective or subjective criteria established in advance by the Board or its Compensation Committee. The determinations of the Board or its Compensation Committee with respect to such bonus shall be final and binding. Except as expressly provided in this Agreement, the Employee shall not be entitled to an incentive bonus if he is not employed by the Company on the date when such bonus is payable.

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