Nature of the Class Action Clause Samples

The "Nature of the Class Action" clause defines the scope and characteristics of a lawsuit brought on behalf of a group of individuals with similar claims. It typically outlines who qualifies as a class member, the common issues shared among the group, and the legal basis for treating the claims collectively rather than individually. By clarifying these aspects, the clause ensures that all parties understand the collective nature of the proceedings and helps the court determine whether the case meets the requirements for class action status, thereby promoting judicial efficiency and consistency in resolving similar claims.
Nature of the Class Action. On July 13, 2021, a proposed class action was commenced against Capcom Co. Ltd., Capcom (U.S.A.) Inc., and Capcom Game Studio Vancouver Inc. (collectively referred to as “Capcom”) in the Supreme Court of British Columbia, ▇▇▇▇▇ ▇▇▇▇ v. Capcom Co. Ltd., Capcom (U.S.A.) Inc., and Capcom Game Studio Vancouver, Inc. (Action No. S-216405, Vancouver Registry) (the “Action”) on behalf of Class Members whose Personal Information was accessed as a result of the Data Breach or who received notification that their Personal Information may have been accessed as a result of the Data Breach.
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Nature of the Class Action. The plaintiffs commenced a proposed class proceeding in the Federal Court alleging that the Cermaq, ▇▇▇▇▇, ▇▇▇▇▇, Mowi, Nova Sea, SalMar and Sjór defendants and unnamed co- conspirators participated in an unlawful conspiracy to fix, maintain, increase or control the price of farmed Atlantic salmon and products containing or derived from farmed Atlantic salmon from April 10, 2013 onwards contrary to the Competition Act. The defendants have denied all liability for this conduct and asserted that their conduct was lawful. The Federal Court has not decided who is right. The plaintiffs and defendants have reached a proposed settlement to avoid the uncertainties, risks, and costs of further litigation. The representative plaintiffs and class counsel believe this settlement is in the best interests of the Settlement Class. The class action was certified on behalf of the Settlement Class by the Federal Court by consent order of the Honourable Justice ▇▇▇▇▇▇ on [●], 2023. The certification is conditional on the settlement approval being granted by the Federal Court. ▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇ have been appointed as representative plaintiffs for the Settlement Class. The Federal Court still has to decide whether to finally approve the settlement. Payments to eligible Settlement Class members will be made only after the Federal Court approves the Settlement and after any appeals are resolved, and after the Federal Court approves a distribution plan to distribute the settlement funds.
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Nature of the Class Action. On May 22, 2020, a proposed class action was commenced against Western Digital Corporation and Western Digital Canada Corporation (collectively referred to as “Western Digital”) in the Supreme Court of British Columbia,
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Related to Nature of the Class Action

  • 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.

  • No Class Actions Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a Claim, neither you nor we will have the right to: (i) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (ii) act as a private attorney general in court or in arbitration; or (iii) join or consolidate your Claims with claims of any other person, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.

  • Proxies; Class Actions (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

  • Class Action Waiver THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

  • Authority Relative to this Agreement; Recommendation The Company has all necessary corporate power and authority to execute and deliver this Agreement and to consummate the transactions contemplated hereby. The execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly and validly authorized by the Board and no other corporate proceedings on the part of the Company are necessary to authorize this Agreement or to consummate the transactions contemplated hereby except, if required by law, the approval and adoption of this Agreement and the Merger by the holders of the outstanding Shares. This Agreement has been duly and validly executed and delivered by the Company and constitutes a valid, legal and binding agreement of the Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights generally, and except as the availability of equitable remedies may be limited by the application of general principles of equity (regardless of whether such equitable principle is applied in a proceeding at law or in equity). The Board has duly and validly approved, and taken all corporate actions required to be taken by the Board (including but not limited to all actions the Board reasonably believes to be required to render the provisions of Title 3, Subtitles 2, 6 and 7 of the MGCL, "Special Voting Requirements" and "Voting Rights of Certain Control Shares", respectively, inapplicable to Parent and Acquisition) for the consummation of, the transactions contemplated hereby, including the Offer and the acquisition of the Shares pursuant thereto, the Preferred Stock Issuance and the Merger.