Case or Class Action Sample Clauses

The Case or Class Action clause restricts or governs the ability of parties to bring or participate in lawsuits as part of a group or class. Typically, this clause prevents individuals from joining together to file a class action lawsuit, instead requiring that any legal claims be pursued individually. For example, if a dispute arises, each party must file their own separate case rather than combining claims with others who have similar grievances. The core function of this clause is to limit collective legal actions, thereby reducing the risk and complexity for the party seeking to avoid class litigation.
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Case or Class Action. The lawsuit filed by Plaintiff on October 1, 2020, entitled ▇▇▇▇▇▇▇ ▇▇▇▇▇, et al.
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Case or Class Action. The lawsuit originally filed by ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ on October 20, 2021, entitled ▇▇▇▇▇▇▇▇ v. The ▇▇▇▇▇▇▇ Laboratory d/b/a The ▇▇▇▇▇▇▇ Laboratory, West, Case No. ▇▇-▇▇▇▇-▇▇▇▇▇▇▇▇, in the Superior Court of California, County of Sacramento as well as the First Amended Complaint filed by Plaintiffs on January 19, 2022 entitled ▇▇▇▇▇▇▇▇, et al., v. The ▇▇▇▇▇▇▇ Laboratory d/b/a The ▇▇▇▇▇▇▇ Laboratory, West, in the Superior Court of California, County of Sacramento.
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Case or Class Action. The lawsuit originally filed by Plaintiff ▇▇▇▇▇ ▇▇▇▇▇▇ on December 30, 2020, entitled Morgan v. Wehah Farm, Inc. d/b/a ▇▇▇▇▇▇▇▇ Family Farms, Case No. 20CV02554, in the Superior Court of California, County of Butte.
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Case or Class Action. The First Amended Complaint filed by Plaintiffs ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ entitled ▇▇▇▇▇▇▇ ▇▇▇▇▇ et al. v. American Campus Communities Services, Inc., Case No. ▇▇-▇▇▇▇-▇▇▇▇▇▇▇▇ in the State of California, Sacramento County Superior Court.
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Case or Class Action. The lawsuit originally filed by Plaintiff on July 17, 2020, entitled ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇’▇ Tropical Bakeshop I, Inc. et al.., Case No. 20STCV04354, in the Superior Court of California, County of Los Angeles.
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Case or Class Action. The lawsuit originally filed by Plaintiff ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ on January 26, 2022, entitled ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ v. B&H Global Marketing, LLC, et al., Case No. ▇▇-▇▇▇▇-▇▇▇▇▇▇▇▇, in the Superior Court of California, County of Sacramento.
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Case or Class Action. The consolidated lawsuits, including the class action lawsuit initially filed by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ on December 31, 2019, entitled ▇▇▇▇▇▇▇ v. TriWest
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Case or Class Action. The lawsuit originally filed by ▇▇▇▇▇▇ ▇▇▇▇ on September 9, 2020, entitled ▇▇▇▇ v. Prime Lube, Inc., et al., Case No. CIVDS2018738, in the Superior Court of California, County of San Bernardino as well as the First Amended Complaint filed by Plaintiffs on
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Related to Case or Class Action

  • Termination of the Trust or Any Series or Class (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust may be dissolved at any time by the Trustees (without Shareholder approval). Any Series of Shares may be dissolved at any time by the Trustees (without Shareholder approval). Any Class may be terminated at any time by the Trustees (without Shareholder approval). Any action to dissolve the Trust shall be deemed to also be an action to dissolve each Series, and to terminate each Class. (b) In accordance with Section 3808 of the Delaware Act, upon the requisite action by the Trustees to dissolve the Trust or any one or more Series of Shares, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series as may be determined by the Trustees, the Trust shall in accordance with such procedures as the Trustees consider appropriate reduce the remaining assets of the Trust or of the affected Series to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Trust or any applicable Series, ratably according to the number of Shares of the Trust or such Series held by the several Shareholders of the Trust or such Series on the date of distribution. Thereupon, the Trust and/or any affected Series shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title and interest of all parties with respect to the Trust and/or such Series shall be canceled and discharged. Upon the requisite action by the Trustees to terminate any Class, the Trustees may, to the extent they deem it appropriate, follow the procedures set forth in this Section 8.2(b) with respect to such Class that are specified in connection with the dissolution and winding up of the Trust or any Series of Shares. Alternatively, in connection with the termination of any Class, the Trustees may treat such termination as a redemption of the Shareholders of such Class effected pursuant to Section 6.2(c) of this Declaration of Trust provided that the costs relating to the termination of such Class shall be included in the determination of the net asset value of the Shares of such Class for purposes of determining the redemption price to be paid to the Shareholders of such Class (to the extent not otherwise included in such determination). In connection with the dissolution and liquidation of the Trust or any Series and in connection with the termination of any Class, the Trustees may provide for the establishment of a liquidating trust or similar vehicle. (c) Following completion of winding up of the Trust’s business, the Trustees shall cause a certificate of cancellation of the Trust’s Certificate of Trust to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee. Upon the filing of such certificate of cancellation, the Trust shall terminate, the Trustees shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title and interest of all parties with respect to the Trust shall be canceled and discharged.

  • 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 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.

  • 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.