ATTORNEYS’ FEES, EXPENSES AND CLASS Sample Clauses

ATTORNEYS’ FEES, EXPENSES AND CLASS. REPRESENTATIVE PAYMENT
ATTORNEYS’ FEES, EXPENSES AND CLASS. REPRESENTATIVE PAYMENT 6.1 Settlement Class Counsel may apply to the Court for an award from Costco and Nice-Pak of their attorneys’ fees and expenses in a total amount not to exceed $3,000,000. The attorneys’ fees and expenses awarded by the Court shall be the total obligation of Costco and Nice- Pak to pay attorneys’ fees and expenses of any kind to Settlement Class Counsel in connection with the Action and this Settlement Agreement. 6.2 Plaintiff may additionally apply to the Court for a Class Representative Payment of up to $10,000 for ▇▇. ▇▇▇▇▇ as compensation for his time and effort undertaken in the Action as to Costco. Any Class Representative Payment awarded by the Court shall be the total obligation of Costco and Nice-Pak to pay money to Plaintiff in connection with the Action and this Settlement Agreement, other than amounts due to the Plaintiff for any Valid Claims submitted pursuant to Part II of this Settlement Agreement. 6.3 Settlement Class Counsel and Plaintiff agree that the denial, downward modification, or failure to grant the request for attorneys’ fees or expenses or the request for Class Representative Payment shall not constitute grounds for modification or termination of the Settlement Agreement. 6.4 Within thirty (30) calendar days of entry of the order awarding attorneys’ fees and expenses and Class Representative Payment, Costco and Nice-Pak shall make an initial payment of $250,000 of the awarded attorneys’ fees and expenses and the Class Representative Payment to Settlement Class Counsel. Costco and Nice-Pak shall continue to pay $250,000 per quarter (measuring the specific start date by adding three months to the initial payment) until the full amount of the awarded attorneys’ fees and expenses is reached. Costco and Nice-Pak may accelerate and prepay some or all of the awarded attorneys’ fees and expenses for any reason. Plaintiff and Nice-Pak will execute a confession of judgment in the event of failure of performance as an assurance of payment.
ATTORNEYS’ FEES, EXPENSES AND CLASS. REPRESENTATIVE PAYMENT 5.1 Attorneys’ Fees, Costs, and Expenses. No later than thirty (30) days prior to the initially scheduled hearing on Final Approval, Plaintiffs’ Counsel may apply to the Court for an award from Defendant of its Attorneys’ Fees and Costs in a total amount not to exceed $550,000. Pursuant to Southern District of New York Local Rule 23.1, the following split of fees and costs are hereby disclosed: ▇▇▇▇▇▇▇ & Associates, P.C.: 33.33% (i.e. one-third); Shub Law Firm LLC: 33.33% (i.e one-third); and ▇▇▇▇▇ LLP: 33.33% (i.e. one-third). The law firms identified submit to the jurisdiction of this Court for the enforcement of this provision of the Agreement and for enforcement of all other provisions of this Agreement. The fees and costs for ▇▇▇▇▇ LLP shall be wired to the account of ▇▇▇▇▇ LLP. The fees and costs for ▇▇▇▇▇▇▇ & Associates, P.C. shall be separately wired to the account of ▇▇▇▇▇▇▇ & Associates, P.

Related to ATTORNEYS’ FEES, EXPENSES AND CLASS

  • Attorneys’ Fees; Expenses ▇▇▇▇▇▇▇▇ agrees to pay upon demand all of ▇▇▇▇▇▇’s costs and expenses, including ▇▇▇▇▇▇’s attorneys’ fees and ▇▇▇▇▇▇’s legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement, and Borrower shall pay the costs and expenses of such enforcement. Costs and expenses include ▇▇▇▇▇▇’s attorneys’ fees and legal expenses whether or not there is a lawsuit, including attorneys’ fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also shall pay all court costs and such additional fees as may be directed by the court.

  • COSTS, EXPENSES AND ATTORNEYS' FEES Borrower shall pay to Bank immediately upon demand the full amount of all payments, advances, charges, costs and expenses, including reasonable attorneys' fees (to include outside counsel fees and all allocated costs of Bank's in-house counsel), expended or incurred by Bank in connection with (a) the negotiation and preparation of this Agreement and the other Loan Documents, Bank's continued administration hereof and thereof, and the preparation of any amendments and waivers hereto and thereto, (b) the enforcement of Bank's rights and/or the collection of any amounts which become due to Bank under any of the Loan Documents, and (c) the prosecution or defense of any action in any way related to any of the Loan Documents, including without limitation, any action for declaratory relief, whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any adversary proceeding, contested matter or motion brought by Bank or any other person) relating to any Borrower or any other person or entity.

  • Attorneys’ Fees, Costs and Expenses In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

  • Attorneys’ Fees; Costs Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.

  • Expenses; Attorneys’ Fees The prevailing party shall be awarded all costs and expenses of the proceeding, including, but not limited to, attorneys’ fees, filing and service fees, witness fees, and arbitrators’ fees. If arbitration is commenced, the arbitrator will have full authority and complete discretion to determine the “prevailing party” and the amount of costs and expenses to be awarded.