Common use of To Class Counsel Clause in Contracts

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 one third (1/3) of the Gross Settlement Amount or $352,102.00 and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($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. 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 will shall be entitled to apply to the Court for, and Defendants agree Xxxxxxxxx agrees not to oppose, a total the Attorney Fee Award not to exceed one third thirty-five percent (1/335%) of the Gross Settlement Amount Amount, or $352,102.00 165,375.00 and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00). The Settlement Administrator will pay the Court-Court- approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. Payroll tax withholding and deductions will not be taken from The Settlement Administrator shall issue an IRS Form 1099 to Class Counsel reflecting the awarded Attorney Fee Award or the and Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event Plaintiff and/or Class Counsel do not request, or the Court does not approve approve, the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount amount(s) the Court awards, and neither Defendants Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount amounts requested and the amount amount(s) awarded. If the amount amount(s) requested and/or awarded is less than the amount 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. Except as provided hereinClass Counsel will not be permitted to petition the Court for, each side 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 bear its own attorneys’ fees assume full responsibility and costsliability for the payment of taxes due on such awards.

To Class Counsel. Class Counsel will apply to the Court for, and Defendants agree Xxxxxxxxx agrees not to oppose, a total Attorney Fee Award not to exceed one thirty-three and one-third percent (33 and 1/3%) of the Gross Settlement Amount or $352,102.00 GSA and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00)15,000. The Settlement Administrator will pay the Courtcourt-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement AmountFund. 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 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 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. Class Counsel will apply to the Court for, and Defendants agree Defendant agrees not to oppose, a total Attorney Fee Award not to exceed one third thirty-five percent (1/335%) or $131,250 of the Gross Settlement Amount or $352,102.00 TC and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00)20,000. The Settlement Administrator will pay the Court-court- approved amounts for the Attorney Fee Award and Cost Award out of the Gross Total Consideration. The Settlement AmountAdministrator 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 Defendants 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 NSA and be available for distribution to Participating Class Members. Except as provided herein, each side shall bear its own attorneys’ fees and costs.Class

To Class Counsel. Class Counsel will apply to the Court for, and Defendants agree not to oppose, for a total Attorney Attorney’s Fee Award in an amount of fees not to exceed one third (1/3) 20% of the Gross Settlement Amount or Payment (i.e., Twenty One Million Four Hundred Thousand Dollars ($352,102.00 21,400,000)) and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00)for reimbursement of costs actually incurred or reasonably expected. The Settlement Administrator will pay the Court-court- approved amounts for the Attorney Attorneys’ Fee Award and Cost Award out of the Gross Settlement Amount. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost AwardFund. IRS Forms Form 1099 will be issued to Class Counsel with respect to these paymentsby the Settlement Administrator for this payment. In the event the Court does not approve the entirety of the application for the Attorney Attorneys’ Fee Award and/or 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 the Attorney Fee Award and/or Attorneys’ Fees and Cost Award, the difference shall become part of remain in the Net Settlement Amount Fund and be available for distribution to Participating Settlement Class Members. Except as provided hereinThe 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, each side shall bear its own attorneysClass Counsel retain their right to appeal any decision by the Court regarding the Attorneys’ fees Fees and costsCost Award.

To Class Counsel. Class Counsel will apply to the Court for, and Defendants Defendant agree not to oppose, a total Attorney Fee Award not to exceed one third $157,500 (1/3) 35% of the Gross Settlement Amount or $352,102.00 GSA) and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00)25,000. The Settlement Administrator will pay the Courtcourt-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 If 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 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 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. At the Final Approval Hearing, Class Counsel will apply to the Court for, and Defendants agree not to oppose, a total Attorney for an Attorneys Fee Award not to exceed one third (1/3) 33.33% of the Gross Settlement Amount or GSA (which equates to $352,102.00 559,940) and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00)30,000. Defendant shall not oppose this request. The Settlement Administrator will pay the Court-Court approved amounts for the Attorney 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 Attorney Attorneys Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these paymentsthe Attorneys Fee Award. In the event the Court does not approve the entirety of the application for the Attorney Attorneys Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendants 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 Attorneys Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and be available for distribution to Participating Class Members. Except as provided herein, each side The Parties agree that the Court’s approval of an award of fees in an amount less than that requested by Class Counsel shall bear its own attorneys’ fees and costs.not permit or be grounds for Plaintiff or

To Class Counsel. At the Final Approval Hearing, Class Counsel will apply to the Court for, and Defendants agree not to oppose, a total Attorney for an Attorneys Fee Award not to exceed one third (1/3) 1/3 of the Gross Settlement Amount or GSA (which equates to $352,102.00 100,000) and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00)20,000. Defendants shall not oppose this request. The Settlement Administrator will pay the Court-Court approved amounts for the Attorney Attorneys Fee Award and Cost Award out of the Gross Settlement Amount. Payroll tax withholding and deductions will not be taken from the Attorney Attorneys Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these paymentsthe Attorneys Fee Award. In the event the Court does not approve the entirety of the application for the Attorney 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 Attorney Attorneys Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount 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. At the Final Approval Hearing, Class Counsel will apply to the Court for, and Defendants agree not to oppose, a total Attorney for an Attorneys Fee Award not to exceed one third (33 1/3) % of the Gross Settlement Amount or GSA (which equates to $352,102.00 241,666.66) and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00)25,000. Defendant shall not oppose this request. The Settlement Administrator will pay the Court-Court approved amounts for the Attorney 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 Attorney Attorneys Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these paymentsthe Attorneys Fee Award. In the event the Court does not approve the entirety of the application for the Attorney Attorneys Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendants 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 Attorneys Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount 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. Class Counsel will apply to the Court for, and Defendants Defendant agree not to oppose, a total Attorney Fee Award not to exceed one third thirty-eight percent (1/338%) or $1,197,000 of the Gross Settlement Amount or $352,102.00 and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00)25,000. The Settlement Administrator will pay the Courtcourt-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 Defendants 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 will apply to the Court for, and Defendants agree Xxxxxxxxx agrees not to oppose, a total Attorney Fee Award not to exceed one third thirty-five percent (1/335%) or $700,000 of the Gross Settlement Amount or $352,102.00 GSA and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00)25,000. The Settlement Administrator will pay the Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement AmountFund. 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. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the Fee and Cost Awards. 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 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 NSA and will be available for distribution distributed to Participating Class Members. Except as provided herein, each side shall bear its own attorneys’ fees and costs.