The clause to look at is
C: Contingency FeeĀ "For clarity, Proceeds do not include any amounts realized by Opt-in Shareholders to which the Opt-in Shareholders would already be entitled as of the date of this agreement, but for the performance of this mandate. Proceeds include only those amounts recovered as a result of the performance of this mandate."
So, 9% is the fee for the increase only of what Gowlings is able to achieve through their litigation and perusal of the judge to increase the recovery to us. Looks like a win-win for us the bedraggled in this play.
Have to re-read the part about the "break fee". This may apply only to the "committee".