Common use of Motion for Approval of Class Counsel Fees Clause in Contracts

Motion for Approval of Class Counsel Fees. (1) Immediately following the Approval Motions, Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement Funds. Class Counsel are not precluded from making additional applications to the Courts for expenses incurred as a result of implementing the terms of the Agreement. (2) The Defendants acknowledge that they are not parties to the motions concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts concerning Class Counsel Fees, except as requested and required by a Court. (3) The procedure for and the allowance or disallowance by the Courts of any requests for Class Counsel Fees to be paid out of the Settlement Funds are not part of the Settlement provided for herein, except as expressly provided in SECTION 6, and are to be considered by the Courts separately from its consideration of the fairness, reasonableness, and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement or affect or delay the finality of the Approval Orders and the Settlement of this Action provided herein.

Appears in 2 contracts

Sources: Securities Litigation Settlement Agreement, Securities Litigation Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following At the hearing of the Approval MotionsMotions by the Courts, Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement FundsAmount. Class Counsel are not precluded from making additional applications motions to the Courts for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Defendants Settling Defendant and Releasees acknowledge that they are not parties to the motions concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts concerning Class Counsel Fees, except as requested and required by a Court. (3) The procedure for for, and the allowance or disallowance by the Courts of of, any requests for Class Counsel Fees to be paid out of the Settlement Funds Amount are not part of the Settlement provided for herein, except as expressly provided in SECTION 6section 8(1), and are to be considered by the Courts separately from its consideration of the fairness, reasonableness, reasonableness and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement or affect or delay the finality of the Approval Orders and the Settlement of this Action the Actions provided herein.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following Following the Settlement Approval MotionsMotion (Fresco), it is anticipated that Class Counsel may will seek the approval of Class Counsel Fees and Class Counsel Disbursements to be paid as a first charge on from the Settlement FundsFund. Class Counsel are not precluded from making additional applications The Defendant acknowledges that it has no interest in relation to the Courts for expenses incurred as a result of implementing the terms of the Agreement. (2) The Defendants acknowledge that they are not parties to the motions concerning the approval of Class Counsel FeesFees and Class Counsel Disbursements, they and as such will have no involvement in the fee approval process to determine the amount of Class Counsel Fees and they Class Counsel Disbursements and it will not take any position or make any submissions to the Courts Court concerning Class Counsel FeesFees and Class Counsel Disbursements, except as specifically requested and required by a the Court. (32) The procedure for and the allowance approval, or disallowance denial, by the Courts Court of any requests for Class Counsel Fees and Class Counsel Disbursements to be paid out of the Settlement Funds Fund are not part of the Settlement provided for herein, except for the priorities of distribution as expressly provided in SECTION 6, section 5(1) and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness, and adequacy of the Settlement provided for herein. (43) Any order or proceeding relating to Class Counsel FeesFees and Class Counsel Disbursements, or any appeal from any such order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Settlement Agreement or affect or delay the finality of the Approval Orders Approved Settlement Order and the Settlement of this Action provided herein.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following At the Approval MotionsHearing, Class Counsel may shall seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement FundsAmount. Class Counsel are not precluded from making additional applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees, except as requested and required by a Court. (3) The procedure for and the allowance or disallowance by the Courts Court of any requests for Class Counsel Fees to be paid out of the Settlement Funds Amount are not part of the Settlement provided for herein, except as expressly provided in SECTION 6, herein and are to may be considered by the Courts Court separately from its consideration of the fairness, reasonableness, reasonableness and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this the Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of this the Action as provided herein.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following At the Approval MotionsPhase II Hearing (Settlement Approval), Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on from the Escrow Settlement FundsAmount. Class Counsel are not precluded from making additional applications to the Courts Court for expenses additional Class Counsel Fees incurred thereafter as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Escrow Settlement Amount. (2) The Defendants acknowledge that they will be served with the motion materials for the approval of Class Counsel Fees and the Defendants and Defendants’ Counsel are not parties entitled to the motions concerning the attend any motion for approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and but they will not take any position or with respect to Class Counsel Fees and, except as requested by the Court, will not make any submissions to the Courts Court concerning Class Counsel Fees, except as requested and required by a Court. (3) The procedure for and the allowance or disallowance by the Courts Court of any requests for Class Counsel Fees to be paid out of the Escrow Settlement Funds Amount are not part of the Settlement provided for herein, except as expressly provided in SECTION 6, herein and are to the Parties agree that they shall be considered by the Courts Court separately from its consideration of the fairness, reasonableness, reasonableness and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this the Agreement or affect or delay the finality of the Approval Orders Phase II Order (Settlement Approval) and the Settlement of this the Action as provided herein.

Appears in 1 contract

Sources: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following the Approval Motionshearing of the Second Motion, Class Counsel may seek bring a motion seeking the Court’s approval for the payment of Class Counsel Fees to be paid as a first charge on the Settlement FundsAmount. Class Counsel are not precluded from making additional applications to the Courts Court for expenses incurred as a result of implementing in the terms implementation of the AgreementSettlement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Defendants acknowledge that they are not parties to the motions concerning the motion for approval of Class Counsel Fees, they and will have no involvement not participate in the motion for approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts concerning Class Counsel Fees, except as requested and required by a Court. (3) The procedure for for, and the allowance or disallowance by the Courts Court of any requests for Class Counsel Fees to be paid out of the Settlement Funds Amount are not part of the Settlement provided for herein, except as expressly provided in SECTION 6section 7(a), and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness, and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this the Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of this the Action provided herein.

Appears in 1 contract

Sources: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following At the Approval Motions, Hearing Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement FundsAmount. Class Counsel are not precluded from making additional applications to the Courts Court for expenses incurred as a result of implementing the terms of this Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the AgreementSettlement Amount. (2) The Settling Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees, except as requested and or required by a the Court. (3) The procedure for for, and the allowance or disallowance by the Courts Court of any requests for Class Counsel Fees to be paid out of the Settlement Funds Amount are not part of the Settlement provided for herein, except as expressly provided in SECTION Section 6, and are to may be considered by the Courts Court separately from its consideration of the fairness, reasonableness, and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of this Action provided herein.

Appears in 1 contract

Sources: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following At the Approval Motions, Hearing Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement FundsAmount. Class Counsel are not precluded from making additional applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees, except as requested and required by a Court. (3) The procedure for for, and the allowance or disallowance by the Courts Court of any requests for Class Counsel Fees to be paid out of the Settlement Funds Amount are not part of the Settlement provided for herein, except as expressly provided in SECTION 6section 7(a), and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness, and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this the Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of this the Action provided herein.

Appears in 1 contract

Sources: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following As part of the Approval Motions, it is anticipated that Class Counsel may will seek the approval of Class Counsel Fees to be paid as a first charge on from the Settlement FundsFund. Class Counsel are not precluded from making additional applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. (2) The Defendants acknowledge that they are not parties haveno interest in relation to the motions concerning the approval of Class Counsel Fees, they Fees and as such will have no involvement in the fee approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees, except as specifically requested and required by a the Court. (3) The procedure for and the allowance approval, or disallowance denial, by the Courts Court of any requests for Class Counsel Fees to be paid out of the Settlement Funds Fund are not part of the Settlement provided for herein, except as expressly provided in SECTION section 6, and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness, and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any such order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement or affect or delay the finality of the Approval Orders Approved Settlement Order and the Settlement of this Action provided herein.

Appears in 1 contract

Sources: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following the Approval Motions, Class Counsel may seek will submit fee applications for consideration by the approval Courts. The determination of the amount of Class Counsel Fees to will be paid as a first charge on made by the Settlement FundsCourts. Class Counsel are not precluded from making additional applications to the Courts for expenses incurred as a result of implementing the terms of the Settlement Agreement. (2) The Defendants acknowledge that they are not parties will neither consent to the motions concerning the nor oppose approval of Class Counsel Fees, they . The Defendants will have no involvement in the approval process not make any submissions relating to determine the amount of Class Counsel Fees and they will Fees. (3) Section 16.1(2) is not take any position an acknowledgement by the Class or Class Counsel that the Defendants have standing to make any submissions to the Courts concerning Court about the fee agreements or Class Counsel Fees, except as requested and required by a Court. (34) The procedure for for, and the allowance or disallowance by the Courts of any requests for for, Class Counsel Fees to be paid out of the Settlement Funds Amount are not part of the Settlement provided for herein, except as expressly provided in SECTION 6section 6.2(a), and are to be considered by the Courts separately from its their consideration of the fairness, reasonableness, and adequacy of the Settlement settlement provided for herein. (4) . Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this the Settlement Agreement or affect or delay the finality of the Approval Orders and the Settlement of this Action the Actions provided herein.

Appears in 1 contract

Sources: Settlement Agreement (Southwestern Resources Corp)

Motion for Approval of Class Counsel Fees. (1) Immediately following At the Approval Motions, Hearing Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement FundsAmount. Class Counsel are not precluded from making additional applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees, except as requested and required by a Court. (3) The procedure for for, and the allowance or disallowance by the Courts Court of any requests for Class Counsel Fees to be paid out of the Settlement Funds Amount are not part of the Settlement provided for herein, except as expressly provided in SECTION 6section 7(a), and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness, and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of this Action provided herein.

Appears in 1 contract

Sources: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following At the Approval Motions, Hearing Class Counsel may seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement FundsAmount. Class Counsel are not precluded from making additional applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts Court concerning Class Counsel Fees, except as requested and required by a Court. (3) The procedure for for, and the allowance or disallowance by the Courts Court of any requests for Class Counsel Fees to be paid out of the Settlement Funds Amount are not part of the Settlement provided for herein, except as expressly provided in SECTION 6section 7(a), and are to be considered by the Courts Court separately from its consideration of the fairness, reasonableness, and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this the Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of this the Action provided herein.

Appears in 1 contract

Sources: Settlement Agreement

Motion for Approval of Class Counsel Fees. (1) Immediately following At the Approval MotionsHearing, Class Counsel may shall seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement FundsAmount. Class Counsel are not precluded from making additional applications to the Courts Court for expenses incurred as a result of implementing the terms of the Agreement. All amounts awarded on account of Class Counsel Fees shall be paid from the Settlement Amount. (2) The Defendants acknowledge that they are not parties to the motions motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Courts concerning Class Counsel Fees, except as requested and required by a Court. (3) The procedure for and the allowance or disallowance by the Courts Court of any requests for Class Counsel Fees to be paid out of the Settlement Funds Amount are not part of the Settlement provided for herein, except as expressly provided in SECTION 6, herein and are to may be considered by the Courts Court separately from its consideration of the fairness, reasonableness, reasonableness and adequacy of the Settlement provided for herein. (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this the Agreement or affect or delay the finality of the Approval Orders Order and the Settlement of this the Action as provided herein.

Appears in 1 contract

Sources: Settlement Agreement