Common use of Derivative and Direct Actions Clause in Contracts

Derivative and Direct Actions. (a) The purpose of this Section 9.8 is to protect the interests of the Trust and its Shareholders by establishing a process that will permit legitimate inquiries and claims to be made and considered while avoiding the time, expense, distraction, and other harm that can be caused to the Trust and its Shareholders as a result of spurious Shareholder claims, demands, and derivative actions.

Appears in 3 contracts

Samples: Amended and Restated Agreement and Declaration (BNY Mellon ETF Trust II), Amended and Restated Agreement and Declaration (BNY Mellon ETF Trust II), Agreement and Declaration (BNY Mellon ETF Trust II)

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Derivative and Direct Actions. (a) The purpose of this Section 9.8 8 of Article VII is to adopt additional standards and restrictions to protect the interests of the Trust and its Shareholders by establishing a process that will permit legitimate inquiries and claims to be made and considered while avoiding the time, expense, distraction, distraction and other harm that can be caused to the Trust and its Shareholders as a result of spurious Shareholder shareholder claims, demands, demands and derivative actions.

Appears in 1 contract

Samples: Agreement and Declaration (City National Rochdale Funds)

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