Class Action Securities Litigation Clause Samples

The Class Action Securities Litigation clause defines the procedures and responsibilities of parties in the event of a class action lawsuit related to securities. Typically, this clause outlines how claims will be managed, who will represent the parties, and the process for coordinating defense or settlement efforts. For example, it may specify whether parties must notify each other of potential class actions or how legal costs are shared. Its core function is to ensure an organized and unified approach to defending against securities class actions, thereby reducing confusion and allocating risk among the involved parties.
Class Action Securities Litigation. The Bank shall exercise appropriate due diligence to identify pending class action securities litigation affecting Securities that are or have been Portfolio Securities at any time during the term of this Consolidated Agreement, by reviewing notices that class action securities lawsuits have been settled or otherwise resolved and analyzing the Portfolios’ trading records to determine whether a Portfolio may be entitled to participate in such proceedings; filing proofs of claim; and taking such other actions as may appropriate to collect settlement or other proceeds from such proceedings on behalf of the Portfolio. Notwithstanding any other provisions of this Consolidated Agreement, upon the termination of this Consolidated Agreement, the Bank shall have an obligation to, in its discretion, either (i) maintain for a period of seven years following the termination of this Consolidated Agreement and make available, upon request, to the Portfolios, their representatives or agents, or successor custodian(s) the Portfolios’ trading records and other information reasonably required to determine whether the Portfolios may be entitled to participate in class action securities litigation or other legal proceedings, or (ii) provide such information to the Fund or its successor custodian upon such termination.
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Related to Class Action Securities Litigation

  • Stockholder Litigation The Company shall give Parent the opportunity to participate in the defense or settlement of any stockholder litigation against the Company and/or its directors relating to the transactions contemplated by this Agreement, and no such settlement shall be agreed to without Parent’s prior written consent.

  • Investigations; Litigation There is no investigation or review pending (or, to the knowledge of Parent, threatened) by any Governmental Entity with respect to Parent or any of its Subsidiaries which would have, individually or in the aggregate, a Parent Material Adverse Effect, and there are no actions, suits, inquiries, investigations or proceedings pending (or, to Parent’s knowledge, threatened) against or affecting Parent or its Subsidiaries, or any of their respective properties at law or in equity before, and there are no orders, judgments or decrees of, or before, any Governmental Entity, in each case which would have, individually or in the aggregate, a Parent Material Adverse Effect.

  • Shareholder Litigation The Company shall give Parent the opportunity to participate in the defense or settlement of any shareholder litigation against the Company and/or its directors relating to the transactions contemplated by this Agreement, and no such settlement shall be agreed to without Parent’s prior written consent.

  • Securityholder Litigation The Company shall give Parent the opportunity to participate in the defense or settlement of any securityholder litigation against the Company and/or its directors relating to the Transactions, and no such settlement shall be agreed to without Parent’s prior consent.

  • CLASS ACTIONS The Custodian shall use its best efforts to identify and file claims for the Fund(s) involving any class action litigation that impacts any security the Fund(s) may have held during the class period. The Trust agrees that the Custodian may file such claims on its behalf and understands that it may be waiving and/or releasing certain rights to make claims or otherwise pursue class action defendants who settle their claims. Further, the Trust acknowledges that there is no guarantee these claims will result in any payment or partial payment of potential class action proceeds and that the timing of such payment, if any, is uncertain. However, the Trust may instruct the Custodian to distribute class action notices and other relevant documentation to the Fund(s) or its designee and, if it so elects, will relieve the Custodian from any and all liability and responsibility for filing class action claims on behalf of the Fund(s). In the event the Fund(s) are closed, the Custodian shall only file the class action claims upon written instructions by an authorized representative of the closed Fund(s). Any expenses associated with such filing will be assessed against the proceeds received of any class action settlement.