Litigation; Class Actions Clause Samples
Litigation; Class Actions. The Sub-Advisor shall have no obligation to initiate or take any other action on behalf of the Advisor, the Trust or any Fund in any legal proceedings (including, without limitation, class actions and bankruptcies) (each a “Legal Action”) relating to the securities comprising the Sub-Advisor Assets or any other matter. To the extent the Sub-Advisor has notice of a Legal Action relating to the securities comprising the Sub-Advisor Assets, the Sub-Advisor agrees to undertake commercially reasonable efforts to promptly forward any such notice or communication sent by the issuer or other third-party representative on to the Advisor for consideration and possible processing of any and all consents and supporting documentation required in connection with a Fund’s participation in any such Legal Action. Furthermore, to the extent the Advisor has notice of a Legal Action relating to the securities comprising the Sub-Advisor Assets, upon the Advisor’s request, the Sub-Advisor agrees to cooperate and assist the Advisor in not only determining whether a Fund should participate in the Legal Action, but also in the preparation and execution of any Legal Action filings on behalf of the Fund.
Litigation; Class Actions. Subadviser will have no obligation to advise, initiate or take any other action on behalf of the Adviser, the Trust or any Fund in any legal proceedings (including, without limitation, class actions and bankruptcies), (each, a “Legal Action”) relating to the securities comprising the Subadviser Assets or any other matter. The Custodian shall have the responsibility for forwarding to the Fund or its representative any related notices and communications sent by the issuers or other third parties and for processing any and all consents and supporting documentation required in connection with an account’s participation in any such Legal Action. To the extent the Custodian or Adviser has notice of a Legal Action, upon Adviser’s request, Subadviser shall provide reasonable cooperation and assistance to the Custodian in its preparation and execution of any Legal Action filings on behalf of the accounts. Unless otherwise agreed between the parties, Subadviser will not file proofs of claims relating to the securities comprising the Subadviser Assets or any other matter and will not be obligated to notify the Adviser, the Trust, any Fund or the Custodian of the Subadviser Assets of class action settlements or bankruptcies relating to the Subadviser Assets. Further, the Adviser agrees that Subadviser has no duty to institute, prosecute, defend, settle or otherwise dispose of any claim relating to securities purchased or held in an account; provided that it may provide reasonable cooperation and assistance with respect to possible claims relating to securities purchased or held in an account, consistent with its fiduciary duties.
Litigation; Class Actions. The Manager will not file class action claim forms or otherwise exercise any rights the New York Fed or the Client may have with respect to participating in, commencing or defending suits or legal proceedings involving securities or issuers of securities held in, or formerly held in, the Accounts, unless the Manager and the New York Fed mutually agree in writing that the Manager takes any such actions.