CLASS ACTIONS. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action, or who is a member of a putative class who has not opted out
Appears in 3 contracts
Samples: Client Services Agreement, Retirement Account Agreement, Transfer on Death Agreement
CLASS ACTIONS. No person shall bring a putative or certified certi- fied class action to arbitration, nor seek to enforce any pre-dispute predispute arbitration agreement against any person who has initiated in court a putative class action, ; or who is a member of a putative class who has not opted outout of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court.
Appears in 3 contracts
Samples: Account Agreement, Account Agreement, Account Agreement
CLASS ACTIONS. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action, or who is a member of a putative class who has not opted outout of the class with respect to any claims encompassed by the putative class action until: (1) the class certification is denied; (2) the class is decertified; or (3) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute
Appears in 2 contracts
Samples: Client Services Agreement, Client Services Agreement
CLASS ACTIONS. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-pre- dispute arbitration agreement against any person who has initiated in court a putative class action, or who is a member of a putative class who has not opted outout of the class with respect to any claims encompassed by the putative class action until: (1) the class certification is denied; (2) the class is decertified; or (3) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute
Appears in 2 contracts
Samples: Client Services Agreement, Client Services Agreement
CLASS ACTIONS. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action, ; or who is a member of a putative class who has not opted outout of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or
Appears in 2 contracts
Samples: Institutional Brokerage Account Agreement, Institutional Brokerage Account Agreement
CLASS ACTIONS. No person shall bring a putative or certified certi- fied class action to arbitration, nor . No person shall seek to enforce any pre-dispute predispute arbitration agreement against any person who has initiated in court a putative class action, ; or who is a member of a putative class who has not opted outout of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the cus- tomer is excluded from the class by the court.
Appears in 2 contracts
Samples: Account Agreement, Account Agreement
CLASS ACTIONS. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class actionaction lawsuit, or who is a member of a putative class who has not opted outout of the class with respect to any claims encompassed by the class action until: (1) the class certification is denied; (2) the class is decertified; or (3) the person is excluded from the class by the court.
Appears in 2 contracts
Samples: Loan Servicing Agreement (Connect Invest II LLC), Loan Servicing Agreement
CLASS ACTIONS. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute predispute arbitration agreement against any person who has initiated in court a putative class action, ; or who is a member of a putative class who has not opted outout of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or
Appears in 1 contract
Samples: Participation Agreement
CLASS ACTIONS. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action, ; or who is a member of a putative class who has until: (a) the class certification is denied; or (b) the class is decertified; or (c) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not opted outconstitute a waiver of any rights under this Agreement except to the extent stated herein.
Appears in 1 contract
Samples: Brokerage Account Agreement