Class Action Litigation Sample Clauses

Class Action Litigation. Any notices received by Bank’s corporate actions department about U.S. settled securities class action litigation that requires action by affected owners of the underlying Financial Assets will be promptly provided to Customer if Bank, using reasonable care and diligence in the circumstances, identifies that Customer was a shareholder and held the relevant Financial Assets in custody with Bank at the relevant time. Bank will not make filings in the name of Customer in respect to such notifications except as otherwise agreed in writing between Customer and Bank.
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Class Action Litigation. Any notices received by X.X. Xxxxxx’x corporate actions department about settled securities class action litigation that requires action by affected owners of the underlying Financial Assets will be promptly notified to the Customer if X.X. Xxxxxx, using reasonable care and diligence in the circumstances, identifies that the Customer was a shareholder and held the relevant Financial Assets in custody with X.X. Xxxxxx at the relevant time. X.X. Xxxxxx will not make filings in the name of the Customer in respect to such notifications except as otherwise agreed in writing between the Customer and X.X. Xxxxxx. The services set forth in this Section 2.10 are available only in certain markets, details of which are available from X.X. Xxxxxx on request.
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Class Action Litigation. Any notices received by X.X. Xxxxxx’x corporate actions department about U.S. settled securities class action litigation that requires action by affected owners of the underlying Financial Assets will be promptly notified to Customer if X.X. Xxxxxx, using reasonable care and diligence in the circumstances, identifies that Customer was a shareholder and held the relevant Financial Assets in custody with X.X. Xxxxxx at the relevant time. X.X. Xxxxxx will not make filings in the name of Customer in respect to such notifications.
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Class Action Litigation. The Sub-Adviser shall have no power, authority, responsibility, or obligation hereunder to take any action with regard to any claim or potential claim in any class action securities litigation, or other litigation or proceeding affecting securities held at any time in the Fund, including, without limitation, to file proofs of claim or other documents related to such proceedings (the "Litigation"), or to investigate, initiate, supervise, or monitor the Litigation involving the Fund, and Adviser acknowledges and agrees that no such power, authority, responsibility or obligation is delegated hereunder. Nevertheless, the Sub-Adviser agrees to cooperate reasonably with Adviser, upon Adviser's written request, to provide relevant trade data and/or non-proprietary and non-confidential trade-related information in Sub-Adviser's possession with respect to securities traded for the Fund.
Sample 1
Class Action Litigation. (a) Any notices received by Bank’s corporate actions department about settled securities class action litigation that requires action by affected owners of the underlying Financial Assets will be promptly notified to City if Bank, using reasonable care and diligence in the circumstances, identifies that City was a shareholder and held the relevant Financial Assets in custody with Bank at the relevant time. The services set forth in this Section 2.10 are available only in certain markets, details of which are available from Bank on request. (b) Bank shall make class action filings on behalf of City where, according to Bank’s records, City is eligible to participate. Bank shall provide City with written notification of such class actions (each, a “Class Action Notification”), which shall include a date by which City may inform Bank in writing of its decision to opt out of the class action filing or file the claim on its own. Bank will make such filings in respect of City’s Financial Assets holdings, unless City, acting pursuant to the Class Action Notification, has timely directed Bank not to file the class action. (c) After this Agreement is terminated, Bank will no longer make class actions filings in the name of City in respect to such notices. Any proceeds received by Bank in respect of filings made prior to termination shall be sent to City at City’s last recorded address. (d) By making these filings for City, Bank is not representing any view in relation to any class action, nor is Bank making any representation or warrant as to the likely outcome of any such class action, participation in which is done wholly with City’s consent and at City’s risk. (e) City acknowledges that in relation to any securities class action it is important that only one claim is filed on City’s behalf in respect of a custodial holding or securities transaction. If, in the same securities class action, multiple claims are submitted on City’s behalf for the same custodial holding, then all such claims might be rejected by the claims administrator. Therefore, where a claim is to be submitted by Bank, City agrees that no other party will submit a claim on City’s behalf for the same custodial holding or securities transaction in the same securities class action and Bank shall have no duty to check whether any other claims have been filed by any third party on City’s behalf in the same securities class action. Bank will have no responsibility in the event that a claim is rejected ...
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Class Action Litigation. Any notices received by the Bank's corporate actions department about settled securities class action litigation that requires action by affected owners of the underlying Securities will be promptly notified to the applicable Fund and the Investment Manager if the Bank, using reasonable care and diligence in the circumstances, identifies that a Fund was a shareholder and held the relevant Securities in custody with the Bank at the relevant time. The Bank will not make filings in the name of a Fund or the Investment Manager in respect to such notifications except as otherwise agreed in writing between the applicable Fund and/or the Investment Manager and the Bank. The services set forth in this Clause 2.10 are available only in certain markets, details of which are available from the Bank on request.
Sample 1
Class Action Litigation. In June 2013, one purported class action complaint was filed in the United States District Court, Southern District of New York and one purported class action complaint was filed the Xxxxxx Xxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx xx Xxxxx against the Buyer’s sole shareholder, Uni-Pixel, Inc., a Delaware corporation (the “Parent”), and the Parent’s CEO, CFO, and Chairman. The complaint filed in the Southern District of New York was voluntarily dismissed by the plaintiff on July 2, 2013. The surviving complaint, Xxxxxxxxxxx, Xxxxxxx X. v. Uni-Pixel, Inc., et. al. (Cause No. 4:13-cv-01649) (the “Class Action Lawsuit”), alleged that the Parent and its officers and directors violated the federal securities laws, specifically Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, by making purportedly false and misleading statements concerning its licensing agreements and product development. The complaint sought unspecified damages on behalf of a purported class of purchasers of the Parent’s common stock who purchased during the period from December 7, 2012 to May 31, 2013. On July 25, 2014, the judge granted in part and denied in part the Parent’s motion to dismiss the case, significantly limiting the claims remaining in the Class Action Lawsuit. On August 25, 2014, the Parent filed an answer to the Class Action Lawsuit. In November 2014 the parties reached an agreement to settle the Class Action Lawsuit. See the discussion below titled “Potential Settlement”.
Sample 1
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Class Action Litigation. Notwithstanding any other provision of this Agreement or the Related Agreements to the contrary, (i) Seller shall retain all liabilities in respect of the Class Action Litigation; (ii) Purchaser and CompuCredit and their Affiliates shall have no liability to any person, firm or entity in respect of the Class Action Litigation; (iii) the rights of Purchaser and CompuCredit and their Affiliates regarding the Class Action Litigation shall not be subject to any restrictions, time limits or caps, contained in any of the indemnification provisions of this Agreement or the Related Agreements; and (iv) Seller shall be liable to and shall indemnify, defend and hold Purchaser and CompuCredit and their Affiliates, harmless from and against any and all loss, liability, damage, costs and expenses, including without limitation, any attorneys' fees (including, without limitation, those incurred to enforce the rights hereunder against another party hereto), disbursements and court costs, in each case reasonably incurred by Purchaser or CompuCredit and their Affiliates arising from or relating to the Class Action Litigation; provided, however, that Seller shall have no obligation to indemnify Purchaser or CompuCredit for any liability with respect to the Class Action Litigation to the extent that such liability results from actions of Purchaser or CompuCredit after the Closing Date.
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Class Action Litigation. Any notices received by J.P. Moxxxx’x xxxxxxate actions department about settled securities class action litigation that requires action by affected owners of the underlying Financial Assets will be promptly notified to the Customer if J.P. Moxxxx, xxxxx reasonable care and diligence in the circumstances, identifies that the Customer was a shareholder and held the relevant Financial Assets in custody with J.P. Moxxxx xx xxx relevant time. J.P. Moxxxx xxxx xot make filings in the name of the Customer in respect to such notifications except as otherwise agreed in writing between the Customer and J.P. Moxxxx. Xxx services set forth in this Section 2.10 are available only in certain markets, details of which are available from J.P. Moxxxx xx xxxuest.
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Related to Class Action Litigation

  • Transaction Litigation From and after the date of this Agreement until the earlier of the Acquisition Merger Closing or termination of this Agreement in accordance with its terms, SPAC, on the one hand, and the Company, on the other hand, shall each notify the other in writing promptly after learning of any stockholder demands, other stockholder Actions (including derivative claims) or Actions brought by any third-party relating to this Agreement, any related agreements or any matters relating thereto (collectively, the “Transaction Litigation”) commenced against, in the case of SPAC, any of SPAC or its Subsidiaries or any of their respective Representatives (in their capacity as a Representative of SPAC or any of its Subsidiaries), or, in the case of the Company, any of the Company or its Subsidiaries or any of their respective Representatives (in their capacity as a Representative of the Company or any of its Subsidiaries). SPAC and the Company shall each (i) keep the other reasonably informed regarding any Transaction Litigation, (ii) give the other the opportunity to, at its own cost and expense, participate in the defense, settlement and compromise of any such Transaction Litigation and reasonably cooperate with the other in connection with the defense, settlement and compromise of any such Transaction Litigation, (iii) consider in good faith the other’s advice with respect to any such Transaction Litigation and (iv) reasonably cooperate with each other; provided, however, that in no event shall (x) SPAC or any of its Subsidiaries or any of their respective Representatives settle or compromise any Transaction Litigation without the prior written consent of the Company (not to be unreasonably withheld, conditioned or delayed), or (y) the Company or any of its Subsidiaries any or any of their respective Representatives settle or compromise any Transaction Litigation without the prior written consent of SPAC (not to be unreasonably withheld, conditioned or delayed).

  • 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.

  • Stockholder Litigation The Company shall give Parent the opportunity to participate in the defense or settlement of any stockholder litigation against the Company and/or its directors relating to the transactions contemplated by this Agreement, and no such settlement shall be agreed to without Parent’s prior written consent.

  • Shareholder Litigation The Company shall give Parent the opportunity to participate in the defense or settlement of any shareholder litigation against the Company and/or its directors relating to the transactions contemplated by this Agreement, and no such settlement shall be agreed to without Parent’s prior written consent.

  • Class Action Filings The Sub-Adviser is not responsible for making any class action filings on behalf of the Trust.

  • Certain Litigation The Company agrees that it ------------------- shall not settle any litigation commenced after the date hereof against the Company or any of its directors by any stockholder of the Company relating to the Offer, the Merger, this Agreement or the Stockholder Agreements, without the prior written consent of Parent. In addition, the Company shall not voluntarily cooperate with any third party that may hereafter seek to restrain or prohibit or otherwise oppose the Offer or the Merger and shall cooperate with Parent and Sub to resist any such effort to restrain or prohibit or otherwise oppose the Offer or the Merger.

  • Claims and Litigation No pending or, to the Company's knowledge, threatened, claims, suits or other proceedings exist with respect to any Employee Benefit Plan other than normal benefit claims filed by participants or beneficiaries.

  • Securityholder Litigation The Company shall give Parent the opportunity to participate in the defense or settlement of any securityholder litigation against the Company and/or its directors relating to the Transactions, and no such settlement shall be agreed to without Parent’s prior consent.

  • 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.

  • 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;

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