To Class Counsel. A Class Counsel Fees Payment of not more than 33.33%, which is currently estimated to be $41,667 (Forty-One Thousand Six Hundred Sixty-Seven Dollars) and a Class Counsel Litigation Expenses Payment of not more than $38,000 (Thirty-Eight Thousand Dollars). Defendant will not oppose requests for these payments provided that do not exceed these amounts. Plaintiff and/or Class Counsel will file a motion for Class Counsel Fees Payment and Class Litigation Expenses Payment no later than 16 court days prior to the Final Approval Hearing. If the Court approves a Class Counsel Fees Payment and/or a Class Counsel Litigation Expenses Payment less than the amounts requested, the Administrator will allocate the remainder to the Net Settlement Amount. Released Parties shall have no liability to Class Counsel or any other Plaintiff’s Counsel arising from any claim to any portion of any Class Counsel Fee Payment and/or Class Counsel Litigation Expenses Payment. The Administrator will pay the Class Counsel Fees Payment and Class Counsel Expenses Payment using one or more IRS 1099 Forms. Class Counsel assumes full responsibility and liability for taxes owed on the Class Counsel Fees Payment and the Class Counsel Litigation Expenses Payment and holds Defendant harmless, and indemnifies Defendant, from any dispute or controversy regarding any division or sharing of any of these Payments.
To Class Counsel. Class Counsel will apply to the Court for, and Defendant agrees not to oppose, a total Attorney Fee Award not to exceed thirty-five percent (35%) or $131,250 of the TC and a Cost Award not to exceed $20,000. The Settlement Administrator will pay the court- approved amounts for the Attorney Fee Award and Cost Award out of the Total Consideration. The Settlement Administrator may purchase an annuity to utilize US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the NSA and be available for distribution to Participating Class Members. Except as provided herein, each side shall bear its own attorneys’ fees and costs.
To Class Counsel. Before the final approval and fairness hearing, and with required statutory notice, Class Counsel will apply to the Court for, and Defendant agrees not to oppose, a total Attorneys’ Fee Award not to exceed Two Hundred Sixty Six Thousand Six Hundred Sixty Six Dollars and Sixty Seven Cents ($266,666.67), of the Gross Settlement Amount and a Cost Award not to exceed Ten Thousand Dollars and Zero Cents ($10,000.00). If requested by the Settlement Administrator, Class Counsel will provide the Settlement Administrator with a completed and signed Form W-9 within fifteen (15) calendar days after the Effective Final Settlement Date. The Settlement Administrator will pay the court-approved amounts for the Attorneys’ Fee Award and Cost Award out of the Gross Settlement Amount. Payroll taxes will not be withheld from the Attorneys’ Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel by the Settlement Administrator for these payments. Class Counsel shall hold Defendant, the Released Parties, and Defense Counsel harmless and indemnify each of them for all taxes, interest, penalties, and costs, including attorneys’ fees, incurred by reason of any claims against it arising from or relating to the non-withholding of taxes from the Attorneys’ Fees and Cost Award. In the event the Court does not approve the entirety of the application for the Attorneys’ Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference to Class Counsel between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorneys’ Fee Award and/or Cost Award, the difference shall become part of the NSA and be available for distribution to Participating Class Members.
To Class Counsel. A Class Counsel Fees Payment of not more than thirty-five percent (35%) of the Gross Settlement Amount, which is currently estimated to be $157,500 and a Class Counsel Litigation Expenses Payment of not more than $20,000. Defendants will not oppose requests for these payments provided that they do not exceed these amounts. Plaintiffs and/or Class Counsel will file a motion for Class Counsel Fees Payment and Class Litigation Expenses Payment no later than sixteen (16) court days prior to the Final Approval Hearing. If the Court approves a Class Counsel Fees Payment and/or a Class Counsel Litigation Expenses Payment less than the amounts requested, this shall not be grounds to nullify and/or challenge this Agreement, and the Administrator will allocate the remainder to the Net Settlement Amount. Released Parties shall have no liability to Class Counsel or any other Plaintiffs' Counsel arising from any claim to any portion any Class Counsel Fee Payment and/or Class Counsel Litigation Expenses Payment. The Administrator will pay the Class Counsel Fees Payment and Class Counsel Expenses Payment using one or more IRS 1099 Forms. Class Counsel assumes full responsibility and liability for taxes owed on the Class Counsel Fees Payment and the Class Counsel Litigation Expenses Payment and holds Defendants harmless, and indemnifies Defendants, from any dispute or controversy regarding any division or sharing of any of these Payments. / / /
To Class Counsel. Class Counsel will apply to the Court for an award of not more than one-third (1/3) of the Gross Settlement Amount, which is presently $1,833,333.33 as their Class Counsel Fees Payment and an amount not more than $11,000 for all expenses incurred as documented in Class Counsel’s billing records as their Class Counsel Litigation Expenses Payment. Defendants will not oppose their request for a Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment consistent with this Agreement and approved by the Court. The Settlement Administrator will pay the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment out of the Gross Settlement Amount. If the Court approves a Class Counsel Fees Payment or a Class Counsel Litigation Expenses Payment less than provided for in this Agreement, the remainder will be retained in the Class Net Settlement Fund for distribution to Participating Class Members. Payroll tax withholding and deductions, if any, will not be taken from the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment and instead one or more Forms 1099 will be issued to Class Counsel with respect to those payments. The payment of the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment shall be made to Xxxxxxx Xxxxxxxx Law Group PLLC and Xxxxxxxxx Xxxxxxx Xxxxxxxx Xxxxxxx LLP.
To Class Counsel. At the Final Approval Hearing, Class Counsel will apply to the Court for an Attorneys Fee Award not to exceed thirty-three and one- third (33.33%) of the GSA (which equates to $258,307) and a Cost Award not to exceed $30,000. The Settlement Administrator will pay the Court approved amounts for the Attorneys Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorneys fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorneys Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to the Attorneys Fee Award. In the event the Court does not approve the entirety of the application for the Attorneys Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorneys Fee Award and/or Cost Award, the difference shall become part of the NSA and be available for distribution to Participating Class Members.
To Class Counsel. Class Counsel will apply to the Court for, and Defendants agree not to oppose, a total Attorney Fee Award not to exceed thirty-five percent (35%) or $73,500.00 of the Gross Settlement Amount and a Cost Award not to exceed $20,000.00. The Settlement Administrator will pay the Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Except as provided herein, each side shall bear its own attorneys’ fees and costs.
To Class Counsel. Class Counsel’s Fees of not more than one-third of the Gross Settlement Amount ($833,333.33), plus Class Counsel’s Expenses of not more than Twenty-Five-Thousand Dollars ($25,000.00). Defendant will not oppose requests that do not exceed these amounts. Plaintiff and/or Class Counsel will file a motion for Class Counsel’s Fees and Expenses no later than 16 court days before the Final Approval Hearing. If the Court approves an award of Class Counsel’s Fees and/or Expenses in an amount less than those requested, the Administrator will distribute the remainder as part of the Net Settlement Amount. This Settlement is not contingent upon the Court awarding Class Counsel any particular amount in Class Counsel’s Fees and/or Expenses, and, if the Court reduces or does not approve the requested amounts, Plaintiff and Class Counsel shall not have the right to modify or revoke the Settlement, or to appeal such order, nor will Plaintiff or Class Counsel seek, request, or demand an increase to the Gross Settlement Amount on that basis. Released Parties shall have no liability to Class Counsel arising from any claim to any portion of Class Counsel’s Fees and/or Expenses as approved by the Court. The Administrator will pay Class Counsel’s Fees and Expenses using one or more IRS Forms 1099 based on W-9s provided to the Administrator by Class Counsel. Class Counsel assumes full responsibility and liability for taxes owed on Class Counsel’s Fees and Expenses and indemnifies and holds Defendant harmless from claims or liability for taxes, penalties or interests arising as a result of any payments received by Class Counsel under this Settlement and from any dispute or controversy regarding any division or sharing of any such payments.
To Class Counsel. Class Counsel will apply to the Court for, and Defendant agrees not to oppose, a total Attorney Fee Award not to exceed thirty-eight percent (38%) or $437,000.00 of the GFV and a Cost Award not to exceed $25,000. The Settlement Administrator will pay the court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Fund. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the NFV and be available for distribution to Participating Class Members.
To Class Counsel. Class Counsel Fees of not more than one-third of the Gross Settlement Amount and Class Counsel Litigation Expenses of not more than $20,000.00. The Class Counsel Fees Payment is currently estimated to be $108,333.33. Xxxxxxx will not oppose requests for these payments provided that do not exceed these amounts. Class Counsel will file a motion for Class Counsel Fees Payment and Class Litigation Expenses no later than sixteen (16) court days prior to the Final Approval Hearing. If the Court approves Class Counsel Fees and/or Class Counsel Litigation Expenses less than the amounts requested, the Administrator will allocate the remainder to the Net Settlement Amount. Released Parties shall have no liability to Class Counsel or any other Plaintiff’s Counsel arising from any claim to any portion any Class Counsel Fees and/or Class Counsel Litigation Expenses. The Administrator will pay the Class Counsel Fees and Class Counsel Expenses P using one or more IRS 1099 Forms. Class Counsel assumes full responsibility and liability for taxes owed on the Class Counsel Fees and the Class Counsel Litigation Expenses and holds Xxxxxxx harmless, and indemnifies Xxxxxxx, from any dispute or controversy regarding any division or sharing of any of these Payments.
