Common Benefit Fees and Reimbursement of Litigation Costs Clause Samples

Common Benefit Fees and Reimbursement of Litigation Costs. 9.2.1. To ensure that NPC, PSC, PEC, PLC, and common benefit attorneys (hereinafter referred to as "Common Benefit Attorneys") are fairly compensated but that their fees are in conformance with reasonable rates, an assessment of common benefit attorneys’ fees will be imposed at no more than 8% of the gross amount recovered for every client that registers under the terms of the Settlement Agreement. Any sum paid as a common benefit fee shall be deducted from the total amount of counsel fees payable under individual plaintiffs’ counsel’s retainer agreement. The maximum 8% attorneys’ fee assessment shall supersede the assessment provided to MDL common benefit attorneys pursuant to Pretrial Order No. 19. 9.2.2. In addition to those amounts provided in Section 9.2 above, Common Benefit Attorneys shall also be entitled to reimbursement of their reasonable common benefit expenses. Reimbursement of these expenses shall be deducted from the clients’ net recovery. The PLC shall submit to the Claims Administrator the audited common benefit expenses of Common Benefit Attorneys,’ which sum will be deducted on an equal percentage basis from the MI Settlement Fund and IS Settlement Fund.
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Common Benefit Fees and Reimbursement of Litigation Costs. To ensure that common benefit attorneys (hereinafter referred to as “Common Benefit Attorneys”) are fairly compensated and that their fees are reasonable, an assessment of common benefit attorneys’ fees will be imposed on counsel for each Claimant in accordance with the amount set by Order of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Kugler to be entered in the MDL (“Assessment”). By opting into the Program, Program Participants and their counsel agree to, and waive, the right to any appeal of any order entered by the MDL court associated with the settlement. Any sum paid as a common benefit fee shall be deducted from the total amount of counsel fees payable under individual plaintiffs’ counsel’s retainer agreement. (A) In addition to those amounts provided above, Common Benefit Attorneys shall also be entitled to reimbursement of their reasonable common benefit expenses. Reimbursement of these expenses shall be deducted from the clients’ recovery in accordance with the law of the applicable state. The amount of common benefit expenses shall be determined by Order entered in the MDL, which sum will be withheld from each Claimants’ Settlement Payment(s) and deposited into a sub-account within the QSF. (B) Daiichi Sankyo and Forest take no position regarding, and have no responsibility or liability for, the award of common benefit attorneys’ fees and the reimbursement of costs under this Section, or the allocation of the same, and waives the right to contest these matters.
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Related to Common Benefit Fees and Reimbursement of Litigation Costs

  • Compensation and Expense Reimbursement A. Client will pay the Company, as compensation for the services provided for in this Agreement and as reimbursement for expenses incurred by Company on Client's behalf, in the manner set forth in Schedule A annexed to this Agreement which Schedule is incorporated herein by reference. B. In addition to the compensation and expense reimbursement referred to in Section 2(A) above, Company shall be entitled to receive from Client a "Transaction Fee", as a result of any Transaction (as described below) between Client and any other company, entity, person, group or persons or other party which is introduced to, or put in contact with, Client by Company, or by which Client has been introduced to, or has been put in contact with, by Company. A "Transaction" shall mean merger, sale of stock, sale of assets, consolidation or other similar transaction or series or combination of transactions whereby Client or such other party transfer to the other, or both transfer to a third entity or person, stock, assets, or any interest in its business in exchange for stock, assets, securities, cash or other valuable property or rights, or wherein they make a contribution of capital or services to a joint venture, commonly owned enterprise or business opportunity with the other for purposes of future business operations and opportunities. To be a Transaction covered by this section, the transaction must occur during the term of this Agreement or the one year period following the expiration of this Agreement. The calculation of a Transaction Fee shall be based upon the total value of the consideration, securities, property, business, assets or other value given, paid, transferred or contributed by, or to, the Client and shall equal 5% of the dollar value of the Transaction. Such fee shall be paid by certified funds at the closing of the Transaction.

  • Reimbursement of Fee Waivers and Expense Reimbursements If on any day during which the Advisory Agreement is in effect, the estimated annualized Fund Operating Expenses of the Fund for that day are less than the Operating Expense Limit, the Adviser shall be entitled to reimbursement by the Fund of the investment advisory fees waived or reduced, and any other expense reimbursements or similar payments remitted by the Adviser to the Fund pursuant to Section 1 hereof (the “Reimbursement Amount”) within three years from the date in which the Adviser waived or reduced investment advisory fees or reimbursed expenses, to the extent that the Fund’s annualized Operating Expenses plus the amount so reimbursed equals, for such day, the Operating Expense Limit, provided that such amount paid to the Adviser will in no event exceed the total Reimbursement Amount and will not include any amounts previously reimbursed.

  • Section 607 Compensation and Reimbursement The Company agrees

  • Expense Payments and Reimbursements The Bank will reimburse Executive for all reasonable out-of-pocket business expenses incurred in connection with his services under this Agreement upon substantiation of such expenses in accordance with applicable policies of the Bank.

  • REIMBURSEMENT OF FEES AND COSTS The Parties acknowledge that ▇▇▇▇ and her counsel offered to reach preliminary agreement on the material terms of this dispute before reaching terms on the amount of fees and costs to be reimbursed to them. The Parties thereafter reached an accord on the compensation due to ▇▇▇▇ and her counsel under general contract principles and the private attorney general doctrine and principles codified at California Code of Civil Procedure § 1021.5, for all work performed through the mutual execution of this agreement. Under these legal principles, ▇▇▇▇▇▇▇ shall reimburse ▇▇▇▇’▇ counsel for fees and costs incurred as a result of investigating and bringing this matter to Cowshed’s attention, and negotiating a settlement in the public interest. Within thirty (30) days of the Effective Date, Cowshed shall issue a check payable to “▇▇▇▇▇▇▇ & ▇▇▇▇▇” in the amount of $14,500.00 for delivery to the address identified in § 3.2(a)(i), above.