Class Counsel’s Fees and Costs Clause Samples

Class Counsel’s Fees and Costs. Class Counsel’s reasonable attorneys’ fees and costs, as determined and approved by the Court, shall be paid from the Settlement Fund ten (10) calendar days after entry of the Final Approval Order. Class Counsel shall apply for an award of attorneys’ fees of up to one-third (33-1/3%) of the Value of the Settlement to the Class Members, plus reimbursement of reasonable litigation costs, to be approved by the Court. Defendant agrees not to oppose an application up to one-third (33-1/3%) of the Value of the Settlement, but reserves the right to oppose an application for fees in excess of that amount. Should the judgment approving the settlement be reversed on appeal, Class Counsel shall immediately repay all fees and costs to Defendant; should the award of fees and costs be reduced on appeal, Class Counsel shall immediately repay into the Settlement Fund an amount equal to the reduction ordered by the appellate court.

Class Counsel’s Fees and Costs. Plaintiffs may file a motion with the Court seeking a portion of the Settlement Fund as payment of any reasonable attorneys’ fees, plus reimbursement of actual costs and expenses, including experts or consultants, incurred in connection with prosecuting the Action. (a) Class Counsel shall file any such motion for Class Counsel’s Fees and Costs, along with any papers supporting the motion, with the Court on or before twenty-three (23) days after entry of the Preliminary Approval Order. Class Counsel’s motion for payment of Class Counsel’s Fees and Costs shall be available on the Settlement Website once the Settlement Website becomes active. Additionally, the total amount of attorneys’ fees, costs, and expenses sought by Class Counsel shall be disclosed in the Long-Form Notice. (b) The Settlement Administrator will distribute from the Settlement Fund any Class Counsel’s Fees and Costs awarded by the Court within fourteen (14) days after the Final Settlement Date. (c) The ▇▇▇▇ Law Firm shall have sole responsibility to distribute any payment of Class Counsel’s Fees and Costs to ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Law and any other attorney or law firm that may claim they are owed fees, costs, or expenses under this Settlement.

Class Counsel’s Fees and Costs. Class Counsel’s reasonable attorneys’ fees and costs, as determined and approved by the Court, shall be paid from the Settlement within twenty (20) days after the entry of the Final Approval Order. Class Counsel shall apply for an award of attorneys’ fees of up to one-third (33 1/3%) of the Value of the Settlement, plus reimbursement of reasonable litigation costs, to be approved by the Court. Defendant agrees not to oppose an application for attorneys’ fees of up to one-third (33 1/3%) of the Value of the Settlement, but reserves the right to oppose an application for fees in excess of that amount.

Class Counsel’s Fees and Costs. CardConnect agrees not to oppose the Court’s approval of attorneys’ costs of One Hundred Thousand U.S. Dollars and Zero Cents ($100,000.00) and attorneys’ fees not to exceed one-third of the Settlement Proceeds (“Attorneys’ Fees and Costs”), but will not agree to any award of a greater sum in attorneys’ fees and costs. Payment of this Attorneys’ Fees and Costs will be made in accordance with wiring instructions to be provided by Class Counsel within fifteen (15) days of the Effective Date. Class Counsel shall file a motion for approval of attorneys’ fees and costs no later than one hundred and thirty five (135) days after Preliminary Approval and agrees not to seek an award of attorneys’ fees or costs in excess of the Attorneys’ Fees and Costs. Any Court- authorized award of the Attorneys’ Fees and Costs shall be payable solely out of the Settlement Proceeds. Class Counsel is responsible to make payments as necessary to any other counsel who have been involved in the Action. Any court order that reduces the award of Attorneys’ Fees and Costs on appeal or otherwise shall not provide a basis for Plaintiffs or Class Counsel to terminate the Settlement. The Parties negotiated and reached agreement on Attorneys’ Fees and Costs and Incentive Awards only after reaching agreement on all other material terms of the Settlement.

Class Counsel’s Fees and Costs. Class Counsels’ reasonable attorneys’ fees and costs, as determined and approved by the Court, shall be paid from the Settlement Fund within 30 days after the date of Final Approval. Class Counsel shall apply for an award of attorneys’ fees of up to one-third of the Settlement Fund, and reimbursement of reasonable litigation costs, to be approved by the Court. Plaintiff’s attorneys’ fee application shall be separate from the motion for Final Approval, and the Proposed Order on the attorneys’ fee application shall be separate from the Proposed Order on the motion for Final Approval. Defendant agrees not to oppose an application for attorneys’ fees of up to one-third of the Settlement Fund, but reserves the right to oppose an application for attorneys’ fees in excess of that amount. Any award of attorney’s fees, costs or expenses to Class Counsel shall be payable solely out of the Settlement Fund. In the event the Effective Date does not occur or any award of attorneys’ fees or expenses is reduced following an appeal, Class Counsel shall repay to the Settlement Fund within 30 days the full amount of any such award or the amount of the reduction, for which all Class Counsel shall be jointly and severally liable. The Parties agree that the Court’s failure to approve, in whole or in part, any award for attorneys’ fees, costs or expenses in the amount requested by Class Counsel shall not prevent the Settlement Agreement from becoming Effective, nor shall it be grounds for termination.

Class Counsel’s Fees and Costs. Defendant agrees not to challenge Class Counsel's request for its Fee and Expense Award. Should the Fee and Expense Award approved by the Court be less than the amount sought, the difference shall be added to the Net Settlement Proceeds prior to the allocations to the California Class and FLSA Class. A Form 1099 will be issued to Class Counsel. Payment of the Fee and Expense Award to Class Counsel shall constitute full satisfaction of any obligation to pay any amounts to any person, attorney or law firm for attorneys' fees, expenses or costs in the Lawsuit incurred by any attorney on behalf of Plaintiffs or the Class, and shall relieve Defendant and Defendant's Counsel of any other claims or liability to any other attorney or law firm for any attorneys' fees, expenses and/or costs to which any of them may claim to be entitled on behalf of Plaintiffs and/or the Class. Upon receipt of the Fee and Expense Award, Class Counsel, Plaintiff and the Class will be deemed to have released Defendant from any and all claims for fees and costs resulting from the Lawsuit.

Class Counsel’s Fees and Costs. 101. M & I Bank agrees not to oppose Class Counsel’s request for attorneys’ fees of up to thirty-three percent (33%) of the Settlement Fund and not to oppose Class Counsel’s request for reimbursement of costs and expenses. Any award of attorneys’ fees, costs, and expenses to Class Counsel shall be payable solely out of the Settlement Fund. The determination of Class Counsel’s request for attorneys’ fees shall be based on controlling Eleventh Circuit precedent and not based on state law. The Parties agree that the Court’s failure to approve, in whole or in part, any award for attorneys’ fees shall not prevent the Settlement Agreement from becoming Effective, nor shall it be grounds for termination.

Class Counsel’s Fees and Costs. Defendants agree not to object to Class Counsel’s request for its Fee and Expense Award. Should the Fee and Expense Award approved by the Court be less than the amount sought, the difference shall be added to the Net Settlement Proceeds. A Form 1099 will be issued to Class Counsel’s firm with respect to the award of attorneys’ fees and costs. Payment of the Fee and Expense Award to Class Counsel shall constitute full satisfaction of any obligation to pay any amounts to any person, attorney or law firm for attorneys’ fees, expenses or costs in the Action incurred by any attorney on behalf of Plaintiff or the Class, and shall relieve Defendants and Defendants’ Counsel of any other claims or liability to any other attorney or law firm for any attorneys’ fees, expenses and/or costs to which any of them may claim to be entitled on behalf of Plaintiff and/or the Class. Upon receipt of the Fee and Expense Award, Class Counsel, Plaintiff and the Class will be deemed to have released Defendants from any and all claims for fees and costs resulting from the Action.

Class Counsel’s Fees and Costs. (A) Class Counsel may make an application to the Court for an award of Plaintiff’s Counsel’s fees in an amount not to exceed one-third of the Settlement Amount, plus reasonable expenses as awarded by the Court. Such application will be encompassed in the Parties’ Approval Motion. (B) If the Court rules that any amount requested by Class Counsel for attorneys’ fees, expenses or costs is excessive and reduces the same, only the reduced amount willbe deemed to be Class Counsel ‘s fees and costs for purposes of this Settlement Agreement. Any amounts requested for attorneys’ fees, expenses or costs, will not revert back to Defendants, but shall be added to the Net Settlement Amount. (C) Upon the Final Effective Date, the Claims Administrator will wire transfer the amount representing Class Counsel’s attorneys’ fees and expenses approved by the Court to Class Counsel. Class Counsel may, at their election, seek an order from the Court awarding disbursement of one-half of the attorneys’ fees and expenses approved by the Court any time after entry of the Approval Order should an appeal be filed in this Action. Defendants agree not to oppose such a motion. (D) Before any payment of any amount designated as Class Counsel’s fees and costs, Class Counsel will provide the Claims Administrator with all information necessary to effectuate such payments (e.g., a fully executed IRS Form W-9). Class Counsel will be issued an IRS Form 1099 for their award of Class Counsel’s fees and costs. Class Counsel will be solely responsible for how the amount is to be allocated amongst the firms comprising Plaintiff’s Counsel and Defendant will have no responsibility whatsoever for this allocation. (E) Should the Settlement not become Final, Class Counsel will, within five (5) days of receiving such request, promptly return all sums distributed as attorneys’ fees and expenses to Defendants. (F) Payment of Class Counsel’s fees and costs as set forth in this Settlement Agreement and the Court’s Approval Order will constitute full and final satisfaction of any and all obligations by Defendants to pay any person, attorney or law firm (including but not limited to Class Counsel) for attorneys’ fees, expenses or costs incurred on behalf of the Settlement Class and will relieve the Released Persons of any other claims or liability to any person for any attorneys’ fees, expenses, and costs to which any person may claim to be entitled on behalf of the Settlement Class for this Action. Defendants...