CLASS ACTIONS. No person will bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against the other party that has initiated in court a putative class action or that is a member of a putative class that has not opted out of the class with respect to any claims encompassed by the putative class action until (i) the class certification is denied, (ii) the class is decertified or (iii) the other party is excluded from the class by the court. Any forbearance to enforce an agreement to arbitrate will not constitute a waiver of any rights under this Agreement except if stated herein.
Appears in 9 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
CLASS ACTIONS. No person will shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-pre- dispute arbitration agreement against the other party that any person who has initiated in court a putative class action action, or that who is a member of a putative class that who has not opted out of the class with respect to any claims encompassed by the putative class action until until: (i) the class certification is denied, ; (ii) the class is decertified decertified; or (iii) the other party customer is excluded from the class by the court. Any Such forbearance to enforce an agreement to arbitrate will shall not constitute a waiver of any rights under this Agreement except if to the extent stated herein.
Appears in 3 contracts
Samples: Retirement Account Agreement, Managing Agency Account Agreement, Managing Agency Account Agreement
CLASS ACTIONS. No person will shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against the other party that any person who has initiated in court a putative class action action, or that who is a member of a putative class that who has not opted out of the class with respect to any claims encompassed by the putative class action until until: (i) the class certification is denied, ; (ii) the class is decertified decertified; or (iii) the other party customer is excluded from the class by the court. Any Such forbearance to enforce an agreement to arbitrate will shall not constitute a waiver of any rights under this Agreement except if to the extent stated herein.
Appears in 3 contracts
Samples: Traditional Individual Retirement Account Custodial Agreement, Traditional Individual Retirement Account Custodial Agreement, Account Agreement
CLASS ACTIONS. No person will shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute predispute arbitration agreement against the other party that any person who has initiated in court a putative class action action, or that who is a member of a putative class that who has not opted out of the class with respect to any claims claim encompassed by the putative class action until until: (i) the class certification is denied, ; (ii) the class is decertified decertified; or (iii) the other party customer is excluded from the class by the court. Any Such forbearance to enforce an agreement to arbitrate will shall not constitute a waiver of any rights under this Agreement Agreement, except if to the extent stated herein.
Appears in 1 contract
