ASCRL Treatment of Disputes Between Members and Between Members and Agents Sample Clauses

ASCRL Treatment of Disputes Between Members and Between Members and Agents. In the event that ASCRL is notified of a dispute between you and any other member, or any agent, that might affect any rights or liabilities between ASCRL and you, the members, and or the agent, ASCRL may (i) create a reserve and withhold any distributions to you, the member, and or the agent until the dispute is amicably resolved, and if the dispute is not amicably resolved within ninety (90) days, (ii) notify you, the member, and the agent, as applicable, that the dispute must be resolved by final and binding arbitration. In the event that you are notified that the dispute must be resolved by binding arbitration, you, the member, and or the agent, as the case may be, shall diligently pursue and obtain an arbitration order resolving the dispute prior to the expiration of the reserve period that follows the claims period to which the dispute pertains. If an arbitration order resolving the dispute is not provided prior to the expiration of the reserve period, any funds that are the subject of the dispute shall be forfeited and shall be distributed in accordance with the rules for the forfeiture or reserves.
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ASCRL Treatment of Disputes Between Members and Between Members and Agents. I⭲ tkc c:c⭲t tkat ASCRḺ is ⭲otiricd or a disp"tc bctwcc⭲ Qo" a⭲d a⭲Q otkcí mcmbcí, oí a⭲Q agc⭲t, tkat migkt arrcct a⭲Q íigkts oí liabilitics bctwcc⭲ ASCRḺ a⭲d Qo", tkc mcmbcís, a⭲d oí tkc agc⭲t, ASCRḺ maQ (i) cícatc a ícscí:c a⭲d witkkold a⭲Q distíib"tio⭲s to Qo", tkc mcmbcí, a⭲d oí tkc agc⭲t "⭲til tkc disp"tc is amicablQ ícsol:cd, a⭲d ir tkc disp"tc is ⭲ot amicablQ ícsol:cd witki⭲ ⭲i⭲ctQ (90) daQs, (ii) ⭲otirQ Qo", tkc mcmbcí, a⭲d tkc agc⭲t, as applicablc, tkat tkc disp"tc m"st bc ícsol:cd bQ ri⭲al a⭲d bi⭲di⭲g aíbitíatio⭲. I⭲ tkc c:c⭲t tkat Qo" aíc ⭲otiricd tkat tkc disp"tc m"st bc ícsol:cd bQ bi⭲di⭲g aíbitíatio⭲, Qo", tkc mcmbcí, a⭲d oí tkc agc⭲t, as tkc casc maQ bc, skall commc⭲cc aíbitíatio⭲ witki⭲ 45 daQs, a⭲d skall diligc⭲tlQ p"ís"c a⭲d obtai⭲ a⭲ aíbitíatio⭲ oídcí ícsol:i⭲g tkc disp"tc píioí to tkc cxpiíatio⭲ or tkc ícscí:c pcíiod tkat rollows tkc distíib"tio⭲ oí claims pcíiod to wkick tkc disp"tc pcítai⭲s. Ir a⭲ aíbitíatio⭲ oídcí ícsol:i⭲g tkc disp"tc is ⭲ot pío:idcd witki⭲ 12 mo⭲tks or ASCRḺ's ⭲otiricatio⭲ to Qo" tkat tkc disp"tc m"st bc ícsol:cd bQ ri⭲al a⭲d bi⭲di⭲g aíbitíatio⭲, a⭲Q r"⭲ds tkat aíc tkc s"bjcct or tkc disp"▇▇ ▇▇▇▇▇ bc roírcitcd a⭲d skall bc distíib"tcd i⭲ accoída⭲cc witk tkc í"lcs roí tkc roírcit"íc oí ícscí:cs sct bQ tkc ASCRḺ Boaíd or Kiícctoís.
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Related to ASCRL Treatment of Disputes Between Members and Between Members and Agents

  • Indemnification of Underwriters by Selling Stockholders Each Selling Stockholder, severally but not jointly, will indemnify and hold harmless each Indemnified Party, against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Party may become subject, under the Act, the Exchange Act, other Federal or state statutory law or regulation or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in any part of any Registration Statement at any time, any Statutory Prospectus as of any time, the Final Prospectus or any Issuer Free Writing Prospectus, or arise out of or are based upon the omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, and will reimburse each Indemnified Party for any legal or other expenses reasonably incurred by such Indemnified Party in connection with investigating or defending against any loss, claim, damage, liability, action, litigation, investigation or proceeding whatsoever (whether or not such Indemnified Party is a party thereto), whether threatened or commenced, and in connection with the enforcement of this provision with respect to the above as such expenses are incurred; provided, however, that such Selling Stockholder shall be subject to such liability only to the extent that the untrue statement or alleged untrue statement or omission or alleged omission is made in reliance upon and in conformity with the Selling Stockholder Information or contained in a representation or warranty given by such Selling Stockholder in this Agreement or the Custody Agreement and provided, further, that the liability under this subsection of each Selling Stockholder shall be limited to an amount equal to the aggregate gross proceeds after underwriting commissions and discounts, but before expenses, to such Selling Stockholder from the sale of Securities sold by such Selling Stockholder hereunder.

  • REIT Treatment The Company will use its reasonable efforts to enable the Company to continue to meet the requirements to qualify for taxation as a REIT under the Code for subsequent tax years that include any portion of the term of this Agreement except as otherwise determined by the Board of Directors of the Company to be in the best interests of stockholders.

  • Selection of Underwriters The Holders of Transfer Restricted Securities covered by the Shelf Registration Statement who desire to do so may sell such Transfer Restricted Securities in an Underwritten Offering. In any such Underwritten Offering, the investment banker(s) and managing underwriter(s) that will administer such offering will be selected by the Holders of a majority in aggregate principal amount of the Transfer Restricted Securities included in such offering; provided, however, that such investment banker(s) and managing underwriter(s) must be reasonably satisfactory to the Company.

  • Selection of Underwriter If the Holders so elect, the offering of such Registrable Securities pursuant to such Demand Registration shall be in the form of an underwritten offering. The investment banker or investment bankers and manager or managers that will administer such underwritten offering will be selected by the mutual agreement of the Company and the Holders of a majority in number of the Registrable Securities included in such offering (provided that such agreement shall not be unreasonably withheld by the Company or such Holders).

  • Indemnification of Company, Directors and Officers and Selling Shareholders Each Underwriter severally agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and each Selling Shareholder and each person, if any, who controls any Selling Shareholder within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including the Rule 430A Information, the General Disclosure Package or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with the Underwriter Information.