Class Action Claims Sample Clauses

Class Action Claims. We will, in our sole discretion, determine what role we will take in any legal proceedings affecting any securities held in your Account. BPIC has engaged Broadridge Investor Communication Solutions, Inc. (“Broadridge”) to file claims on your behalf in certain securities class action lawsuits and disgorgements ordered by Canadian or U.S. regulators identified by Broadridge (“Class Action Service”). It is intended that the Class Action Service will commence in January 2022. You will be automatically enrolled in this Class Action Service once it commences or the date on which you opened your Account, whichever is later. Broadridge’s fee for this service is a contingency fee of 10% of any of the class action recoveries you receive through the Class Action Service, which fee will be deducted from any recoveries that are credited to your Account. We will not charge you our own fee, and do not receive any direct fee from Broadridge, with respect to the Class Action Service with Broadridge. If you wish for your Account to be removed from the Class Action Service, please speak with your Investment Counsellor. Prior to the commencement of the Class Action Service, and for any eligible class actions not part of the Class Action Service, or in the event that BPIC’s engagement with Broadridge is terminated, we may, in our sole discretion process class action claims on your behalf or may enlist another company or firm to exercise such discretion (a “Third Party”). The actions in the Class Action Service shall be limited to “opt- out” cases and eligibility to participate in the class is based solely on sales and purchases of securities in your Account. Under the Class Action Service, claims will only be filed once a court or administrative order has been issued that sets forth a claim filing deadline. An “opt-out” case means all eligible security holders are automatically considered to be part of the class and if an individual does not wish to be part of the class action lawsuit, they must actively opt-out of the class. The Class Action Service will only cover those securities that were purchased while you were a client of BPIC. It will not include securities that you purchased other than through BPIC. For the avoidance of doubt, the Class Action Service does not include any lawsuit which requires prospective class members to provide additional evidence of eligibility other than purchases and sales of the applicable security, including but not limited to evidence of act...
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Class Action Claims. BPIC and the Custodian will, in their sole discretion, determine what role they will take in any legal proceedings affecting any securities held in the Account. It is not BPIC’s current practice to take the role of lead plaintiff on class actions but BPIC may in its sole discretion decide to do so in the future. However, BPIC may, in its sole discretion, if the Client is an eligible member of a class, process class action claims on the Client’s behalf or, may enlist Section One: BMO Private Investment Counsel Inc. Client Account Agreement (cont’d...) another company or firm in respect of exercising such discretion. Accordingly, BPIC may handle all pendency notices (notices of pending class action group filings/formations) and proof of claim forms (forms for the Client to complete and return to the class actions administrator or other designated party in order to claim the Client’s portion of the proposed settlement) in connection with a class action involving a security held in the Account. Notwithstanding the above, BPIC will not process any class action claims on the Client’s behalf or take any action whatsoever with respect to class actions if the Account is closed. Accordingly, the Client has an obligation to keep track of class actions in the event that his/her Account is closed. BPIC may charge the Client a reasonable fee for the filing of each class action claim, which filing fee, if any, will be charged quarterly. There may be instances where BPIC believes in good faith that the proceeds of settlement of a class action claim may not cover the filing fee. In such instances, BPIC may, in its discretion, choose not to file the class action claim on the Client’s behalf.
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Class Action Claims. We, together with the custodian, will in our and the Custodian’s sole discretion, determine what role we and the Custodian will take in any legal proceedings affecting any securities held in your Account. It is not our current practice to take the role of lead plaintiff on class actions but we may in our sole discretion decide to do so in the future. However, we may, in our sole discretion, if you are an eligible member of a class, process class action claims on your behalf or, may enlist another company or firm in respect of exercising such discretion. Accordingly, we may handle all pendency notices (notices of pending class action group filings/formations) and proof of claim forms (forms for you to complete and return to the class actions administrator or other designated party in order to claim your portion of the proposed settlement) in connection with a class action involving a security held in your Account. Notwithstanding the above, we will not process any class action claims on your behalf or take any action whatsoever with respect to class actions if your Account is closed. Accordingly, you have an obligation to keep track of class actions in the event that your Account is closed. We may charge you a reasonable fee for the filing of each class action claim, which filing fee, if any, will be charged quarterly. There may be instances where we believe in good faith that the proceeds of settlement of a class action claim may not cover the filing fee. In such instances, we may, in our discretion, choose not to file the class action claim on your behalf.
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Class Action Claims. This Agreement is specifically intended to settle and compromise all claims presented to the Court in the Federal Class Action, and will be submitted to the Court for approval pursuant to Fed. R. Civ. P. 23.
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Class Action Claims. In the event of a Class Action Claim: (i) Capital shall have the right, with counsel of its choosing, to defend against, and consent to the entry of any judgment or enter into any settlement with respect to, a Class Action Claim; (ii) pursuant to Section 14(c), the NHG Shareholders shall reimburse Capital promptly and periodically for one-half of the amount of attorneys' fees and court costs incurred in defending any Class Action Claim; and (iii) the aggregate Adverse Consequences payable by the NHG Shareholders to Capital relating to any Class Action Claim shall be reduced by an amount that is equal to one-half of the attorneys' fees and court costs which would otherwise be included in such aggregate Adverse Consequences. Notwithstanding anything to the contrary expressed or implied herein, Capital and its counsel shall keep the Shareholders' Attorney-in-Fact informed of all proceedings in and developments concerning any Class Action Claim, shall promptly deliver to the Shareholders' Attorney-in-Fact copies of all documents, including, but not limited to, pleadings, correspondence and discovery documents, pertaining to such Class Action Claims or the defense thereof as the Shareholders' Attorney-in-Fact may reasonably request, and shall not, without the prior written approval of the Shareholders' Attorney-in-Fact (which approval may be given, denied or conditionally withheld in the Shareholders' Attorney-in-Fact's sole discretion), enter into (or fail to enter into) any settlement or confession of judgment with respect to any Class Action Claims, or fail to use reasonable efforts to defend any Class Action Claims through to a judgment or fail to take or oppose any appeal therefrom. If the Shareholders' Attorney-in-Fact's approval is denied or conditionally withheld, Capital and the Shareholders' Attorney-in-Fact shall proceed as follows:
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Class Action Claims. The following is added to Section 1 between the definitions of "Charter Documents" and "Closing":
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Class Action Claims. All class action claims against PSC and any of its Affiliates will be settled in exchange for common shares of the restructured PSC. Any equity issued to such claimants together with the equity to be retained by PSC's existing shareholders shall equal 10% of the common shares of the reorganized PSC, subject to dilution, inter alia, upon any conversion of Secured PIK Notes.
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Class Action Claims. M&I will assess a fee to research and process security class action settlement claims where M&I held custody of the security at the time the claim arose. For relationships with accounts on M&I’s Trust Accounting System at the time the class action proceeds are received, M&I will charge $75 per class action per trust account holder. For relationships where the account is no longer on M&I’s Trust Accounting System due to account closing, investment manager removal or transfer to a successor provider M&I will charge $150 per class action per trust account holder. For successive class action settlement proceeds received with respect to a previously filed claim of the issuer, M&I will charge $50 where the account is active on our Trust Accounting System and $100 for relationships where the account has been closed under the scenarios described above. These fees will be netted against the settlement proceeds credited to the account. M&I will not assess a fee where a prior provider held the security subject to the class action at the time the claim arose, collected the settlement proceeds, and forwarded the settlement to M&I as a successor provider.
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Related to Class Action Claims

  • CLASS ACTIONS The Custodian shall use its best efforts to identify and file claims for the Fund(s) involving any class action litigation that impacts any security the Fund(s) may have held during the class period. The Trust agrees that the Custodian may file such claims on its behalf and understands that it may be waiving and/or releasing certain rights to make claims or otherwise pursue class action defendants who settle their claims. Further, the Trust acknowledges that there is no guarantee these claims will result in any payment or partial payment of potential class action proceeds and that the timing of such payment, if any, is uncertain. However, the Trust may instruct the Custodian to distribute class action notices and other relevant documentation to the Fund(s) or its designee and, if it so elects, will relieve the Custodian from any and all liability and responsibility for filing class action claims on behalf of the Fund(s). In the event the Fund(s) are closed, the Custodian shall only file the class action claims upon written instructions by an authorized representative of the closed Fund(s). Any expenses associated with such filing will be assessed against the proceeds received of any class action settlement.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

  • Class Action Waiver THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

  • Proxies; Class Actions (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request.

  • Tax Claims Notwithstanding any other provision of this Agreement, the control of any claim, assertion, event or proceeding in respect of Taxes of the Company (including, but not limited to, any such claim in respect of a breach of the representations and warranties in Section 3.22 hereof or any breach or violation of or failure to fully perform any covenant, agreement, undertaking or obligation in Article VI) shall be governed exclusively by Article VI hereof.

  • 506(c) Claims Until the Discharge of Senior Obligations has occurred, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, agrees that it will not assert or enforce any claim under Section 506(c) of the Bankruptcy Code or any similar provision of any other Bankruptcy Law senior to or on a parity with the Liens securing the Senior Obligations for costs or expenses of preserving or disposing of any Shared Collateral.

  • Released Claims In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

  • Indemnification Claims (a) In the event that any of the Parties are entitled, or seek to assert rights, to indemnification under this Article VI, the Party or Parties seeking indemnification (the “Indemnified Parties”) shall give written notification to the other Party or Parties (the “Indemnifying Parties”) of the commencement of any suit or proceeding relating to a third party claim for which indemnification pursuant to this Article VI may be sought. Such notification shall be given within 20 Business Days after receipt by the Indemnified Parties of notice of such suit or proceeding, and shall describe in reasonable detail (to the extent known by the Indemnified Parties) the facts constituting the basis for such suit or proceeding and the amount of the claimed damages; provided, however, that no delay on the part of the Indemnified Parties in notifying the Indemnifying Parties shall relieve the Indemnifying Parties of any liability or obligation hereunder except to the extent of any damage or liability caused by or arising out of such failure. Within 20 days after delivery of such notification, the Indemnifying Parties may, upon written notice thereof to the Indemnified Parties seeking indemnification, assume control of the defense of such suit or proceeding with counsel reasonably satisfactory to the Indemnified Party seeking indemnification; provided that the Indemnifying Parties may not assume control of the defense of a suit or proceeding involving criminal liability or in which equitable relief is sought against the Indemnified Party seeking indemnification. If the Indemnifying Parties do not so assume control of such defense, the Indemnified Parties seeking indemnification shall control such defense. The Party not controlling such defense (the “Non-Controlling Party”) may participate therein at its own expense; provided that if the Indemnifying Parties assumes control of such defense and the Indemnified Parties seeking indemnification reasonably concludes that the Indemnifying Parties and the Indemnified Parties seeking indemnification have conflicting interests or different defenses available with respect to such suit or proceeding, the reasonable fees and expenses of counsel to the Indemnified Parties shall be considered “Damages” for purposes of this Agreement. The Party or Parties controlling such defense (the “Controlling Party”) shall keep the Non-Controlling Party advised of the status of such suit or proceeding and the defense thereof and shall consider in good faith recommendations made by the Non-Controlling Party with respect thereto. The Non-Controlling Party shall furnish the Controlling Party with such information as it may have with respect to such suit or proceeding (including copies of any summons, complaint or other pleading which may have been served on such party and any written claim, demand, invoice, billing or other document evidencing or asserting the same) and shall otherwise cooperate with and assist the Controlling Party as reasonably needed in the defense of such suit or proceeding at the sole cost and expense of the Indemnifying Parties under Section 6.1 or 6.2, which cost and expense shall be considered “Damages” for purposes of this Agreement. The Indemnifying Parties shall not agree to any settlement of, or the entry of any judgment arising from, any such suit or proceeding without the prior written consent of the Indemnified Parties, which shall not be unreasonably withheld or delayed; provided that the consent of the Indemnified Parties shall not be required if the Indemnifying Parties agrees in writing to pay any amounts payable pursuant to such settlement or judgment and such settlement or judgment includes a complete release of the Indemnified Parties from further liability and has no other materially adverse effect on the Indemnified Parties. The Indemnified Parties shall not agree to any settlement of, or the entry of any judgment arising from, any such suit or proceeding without the prior written consent of the Indemnifying Parties, which shall not be unreasonably withheld or delayed.

  • Contested Claims In the event that the Indemnifying Party disputes the Claimed Amount, as soon as practicable but in no event later than ten (10) days after the receipt of the notice referenced in Section 10.2(b)(ii) hereof, the Parties will begin the process to resolve the matter in accordance with the dispute resolution provisions of Section 1.4 hereof. Upon ultimate resolution thereof, the Parties will take such actions as are reasonably necessary to comply with such agreement or instructions.

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