To Class Counsel Clause Samples

To Class Counsel. Class Counsel will apply to the Superior Court for an award of not more than $305,800.00 (40%) of the Gross Settlement Amount as their Class Counsel Fees Payment and an amount not more than $40,000.00 as Class Counsel Litigation Expenses Payment, and AA Meat Products will not oppose this request. The Settlement Administrator will pay the amount approved by the Superior Court (but not more than $305,800.00 in fees and $40,000.00 in expenses) out of the Gross Settlement Amount. Payroll tax withholding and deductions will not be taken from the Class Counsel Fees and Litigation Expenses Payment and instead one or more Forms 1099 will be issued to Class Counsel with respect to those payments. In the event the Court does not award the full requested Class Counsel Fees Payment and/or Class Counsel Litigation Expenses Payment, the remainder shall be re- distributed to on a pro rata basis to all Participating Class Members. a. The Parties agree that the Court’s approval or denial of any request for a Class Representative Payment, Class Counsel Fees Payment, and/or Class Counsel Litigation Expenses Payment are not conditions to this Agreement and are to be considered by the Court separately from the fairness, reasonableness, adequacy, and good faith of the Settlement. Any order or proceeding relating to the application by Class Counsel for a Class Representative Payment, Class Counsel Fees Payment, and/or Class Counsel Litigation Expenses shall not operate to terminate or cancel this Agreement. b. Class Counsel agree that they are responsible for allocating any Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment approved by the Court among themselves and any other counsel that may have any other agreement with them. If a lien is asserted, the Settlement Administrator will tender the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment to the Court and shall thereafter be released from any claim related to those payments. Class Counsel warrant and represent that there are no liens or encumbrances on the amounts to be paid pursuant to the terms of this Agreement and that no assignments of the claims to be released or the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment to be paid pursuant to this Agreement have been made or attempted. Class Counsel agrees to defend, indemnify, and hold harmless Defendant from any liability resulting from a breach of these representations and/or any lien, encumbrance or a...

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 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Law Group PLLC and ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP.

To Class Counsel. Class Counsel will apply to the Court for, and Defendant agree not to oppose, a total Attorney Fee Award not to exceed thirty-eight percent (38%) or $1,197,000 of the Gross Settlement Amount 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 Amount. 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 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 shall be entitled to apply to the Court for, and ▇▇▇▇▇▇▇▇▇ agrees not to oppose, the Attorney Fee Award not to exceed thirty-five percent (35%) of the Gross Settlement Amount, or $165,375.00 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 shall issue an IRS Form 1099 to Class Counsel reflecting the awarded Attorney Fee Award and Cost Award. In the event Plaintiff and/or Class Counsel do not request, or 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(s) the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amounts requested and the amount(s) awarded. If the amount(s) requested and/or awarded is less than the amounts 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. Class Counsel will not be permitted to petition the Court for, or accept, any additional payments from Defendant for attorneys' fees, costs, or expenses in connection with the Action. Plaintiff, Class Counsel, and Class Members shall assume full responsibility and liability for the payment of taxes due on such awards.

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 33.33% $233,310.00 of the GSA and a Cost Award not to exceed

To Class Counsel. Class Counsel will apply to the Court for a total Attorney’s Fee in an amount of fees not to exceed 20% of the Settlement Payment (i.e., Twenty One Million Four Hundred Thousand Dollars ($21,400,000)) and a Cost Award for reimbursement of costs actually incurred or reasonably expected. The Settlement Administrator will pay the court- approved amounts for the Attorneys’ Fee and Cost Award out of the Settlement Fund. IRS Form 1099 will be issued to Class Counsel by the Settlement Administrator for this payment. In the event the Court does not approve the entirety of the application for the Attorneys’ Fee and 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 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 Attorneys’ Fees and Cost Award, the difference shall remain in the Settlement Fund and be available for distribution to Settlement Class Members. The approval by the Court of any such lesser sum(s) shall not be grounds for Plaintiffs and/or Class Counsel to terminate the Settlement; however, Class Counsel retain their right to appeal any decision by the Court regarding the Attorneys’ Fees and Cost Award.

To Class Counsel. At the Final Approval Hearing, Class Counsel will apply to the Court for an Attorneys Fee Award not to exceed 33 1/3% of the GSA (which equates to $241,666.66) and a Cost Award not to exceed $25,000. Defendant shall not oppose this request. 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, at the request of Class Counsel, 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. At the Final Approval Hearing, Class Counsel will apply to the Court for an Attorneys Fee Award not to exceed 1/3 of the GSA (which equates to $100,000) and a Cost Award not to exceed $20,000. Defendants shall not oppose this request. The Settlement Administrator will pay the Court approved amounts for the Attorneys Fee Award and Cost Award out of the Gross Settlement Amount. 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 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 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 Defendant agrees not to oppose, a total Attorney Fee Award not to exceed thirty-five percent (38%) or $760,000 of the GSA 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. The Settlement Administrator may purchase an