Stockholders' Counsel's Separately Negotiated Attorneys' Fees and Expenses. 4.1 After negotiating the principal terms of the Settlement, counsel for the Settling Parties, acting by and through their respective counsel, separately negotiated the attorneys' fees and expenses the Company would cause to be paid to Stockholders' Counsel based on the corporate governance benefits conferred upon BorgWarner by the Settlement. The Company will cause Stockholders' Counsel to be paid up to $625,000 in attorneys' fees and expenses, subject to approval by the Court (the "Fee and Expense Amount"). 4.2 The Fee and Expense Amount shall be paid into an escrow account controlled by Stockholders' Counsel within fourteen (14) business days of the later of: (i) the entry of an order from the Court preliminarily approving the Settlement; or (ii) the date on which Stockholders' Counsel provides to the Company's Counsel written payment and wire instructions and a signed W-9 reflecting a valid taxpayer identification number for the account into which the Fee and Expense Amount is to be deposited.
Stockholders' Counsel's Separately Negotiated Attorneys' Fees and Expenses. 4.1 After negotiating the principal terms of the Settlement, counsel for the Settling Parties, acting by and through their respective counsel, separately negotiated the attorneys' fees and expenses the Company would cause to be paid to Stockholders' Counsel based on the corporate governance benefits conferred upon BorgWarner by the Settlement. The Company will cause Stockholders' Counsel to be paid up to $625,000 in attorneys' fees and expenses, subject to approval by the Court (the "Fee and Expense Amount").
