Litigating Tribes Clause Samples

The "Litigating Tribes" clause defines the rights and procedures related to legal actions involving Native American tribes. Typically, this clause outlines whether disputes involving tribes are subject to specific courts, arbitration, or tribal jurisdiction, and may clarify the waiver or retention of sovereign immunity by the tribe. Its core function is to establish clear legal pathways and jurisdictional boundaries for resolving disputes, thereby reducing uncertainty and potential conflicts over where and how litigation can proceed.
Litigating Tribes. Any Litigating Tribe (excluding Cherokee Nation) that does not execute a Tribal Participation Form within three years after the Effective Date of this Agreement or any Litigating Tribe that affirmatively opt-outs of this settlement and provides written notice to the Special Master, the TLC and Walmart of its intent to litigate any Released Claims against any Released Entities shall forego its right to participate in distributions contemplated by this Agreement, in which case the amount (including accumulated holdback amounts) allocable to such Litigating Tribe pursuant to its Tribal Allocation Distribution Percentage shall revert to Walmart, to be paid to Walmart within sixty (60) days after the third anniversary of the Effective Date.
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Litigating Tribes. Any Litigating Tribe that does not execute a Tribal Participation Form within three years after the Effective Date of this Agreement or any Litigating Tribe that affirmatively opt-outs of this settlement and provides written notice to the Special Master, the TLC and Allergan of its intent to litigate any Released Claims against any Released Entities shall forego its right to participate in distributions contemplated by this Agreement, in which case the amount (including accumulated holdback amounts) allocated to such Litigating Tribe shall revert to Allergan, to be paid to Allergan within sixty (60) days after the third anniversary of the Effective Date.
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Litigating Tribes. Any Litigating Tribe that does not execute a Tribal Participation Form within three years after the Effective Date of this Agreement or any Litigating Tribe that affirmatively opt-outs of this settlement and provides written notice to the Special Master, the TLC and Mylan of its intent to litigate any Released Claims against any Released Entities shall forego its right to participate in distributions contemplated by this Agreement, in which case the amount (including accumulated holdback amounts) allocable to such Litigating Tribe pursuant to its Tribal Allocation Distribution Percentage shall revert to Mylan, to be paid to Mylan within sixty (60) days after the third anniversary of the Effective Date.
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Litigating Tribes. Any Litigating Tribe that does not execute a Tribal Participation Form within three years after the Effective Date of this Agreement or any Litigating Tribe that affirmatively opt-outs of this settlement and provides written notice to the Special Master, the TLC and Zydus of its intent to litigate any Released Claims against any Released Entities shall forego its right to participate in distributions contemplated by this Agreement, in which case the amount (including accumulated holdback amounts) allocable to such Litigating Tribe pursuant to its Tribal Allocation Distribution Percentage shall revert to Zydus, to be paid to Zydus within sixty (60) days after the third anniversary of the Effective Date.
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Litigating Tribes. Any Litigating Tribe that does not execute a Tribal 19 Participation Form within one year after the Effective Date of this Agreement, or any Litigating 20 Tribe that affirmatively opt-outs of this settlement and provides written notice to the Plaintiffs’ 21 Lead Counsel and Plaintiffs’ Steering Committee Tribal Representative of its intent to litigate any 22 Released Claims against any Released Entities, shall forego its right to participate in distributions 23 contemplated by this Agreement, in which case the amount (including accumulated holdback 24 amounts) allocable to such Litigating Tribe pursuant to its Tribal Allocation Distribution 25 Percentage shall revert to McKinsey, to be paid to McKinsey within sixty (60) days after the first 26 anniversary of the Effective Date. 27
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Litigating Tribes. Any Litigating Tribe (excluding Cherokee Nation) that does not execute a Tribal Participation and Release Form within three years after the Effective Date or any Litigating Tribe that affirmatively opt-outs of this Agreement and provides written notice to the Special Master, the TLC and CVS of its intent to litigate any Released Claims against any Released Entities shall forego its right to participate in distributions contemplated by this Agreement, in which case any amounts (including accumulated holdback amounts) allocable to such Litigating Tribe pursuant to its Tribal Allocation Distribution Percentage shall revert to CVS, to be paid to CVS within sixty (60) days after the third anniversary of the Effective Date. The Annual Payment for each future Payment Year as reflected in Exhibit G-1 also shall be reduced by the Litigating Tribe’s Tribal Allocation Distribution Percentage.
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Litigating Tribes. Any Litigating Tribe that is not a Participating Tribe as of the Effective Date of this Agreement shall participate fully if it becomes a Participating Tribe pursuant to Section VI.D within one (1) year of the Effective Date, provided that such Litigating Tribe’s case(s) remain inactive after the Effective Date (meaning that the Litigating Tribe does not pursue any discovery or file any motions or seek to advance the litigation in any way) and are dismissed with prejudice promptly upon submitting a properly executed Tribal Participation Form. For the avoidance of doubt, such Litigating Tribe shall not be deemed a Participating Tribe until all required dismissals with prejudice have been entered by the appropriate court(s). Any Litigating Tribe that becomes a Participating Tribe later than one (1) year after the Effective Date shall not be entitled to receive any share of any Settlement Funds due before such Tribe became a Participating Tribe. Pursuant to Section IV.B, Settling Distributors shall receive a dollar-for-dollar offset based on the Final Tribal Allocation Distribution Percentages assigned to a Non-Participating Litigating Tribe that either affirmatively opts-out of this Agreement or does not become a Participating Tribes within one (1) year of the Effective Date.
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Related to Litigating Tribes

  • Litigation There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties attributable to the period on or prior to the Closing except to the extent relating to the Assumed Liabilities;

  • Notice of Litigation, Right to Prosecute, Etc No Fund shall be liable for indemnification under this Section 5.03 unless a Person shall have promptly notified such Fund in writing of the commencement of any litigation or proceeding brought against such Person in respect of which indemnity may be sought under this Section 5.03. With respect to claims in such litigation or proceedings for which indemnity by a Fund may be sought and subject to applicable law and the ruling of any court of competent jurisdiction, such Fund shall be entitled to participate in any such litigation or proceeding and, after written notice from such Fund to any Person, such Fund may assume the defense of such litigation or proceeding with counsel of its choice at its own expense in respect of that portion of the litigation for which such Fund may be subject to an indemnification obligation; provided however, a Person shall be entitled to participate in (but not control) at its own cost and expense, the defense of any such litigation or proceeding if such Fund has not acknowledged in writing its obligation to indemnify the Person with respect to such litigation or proceeding. If such Fund is not permitted to participate or control such litigation or proceeding under applicable law or by a ruling of a court of competent jurisdiction, such Person shall reasonably prosecute such litigation or proceeding. A Person shall not consent to the entry of any judgment or enter into any settlement in any such litigation or proceeding without providing each applicable Fund with adequate notice of any such settlement or judgment, and without each such Fund's prior written consent. All Persons shall submit written evidence to each applicable Fund with respect to any cost or expense for which they are seeking indemnification in such form and detail as such Fund may reasonably request.

  • Litigation; Disputes No legal action may be brought against NCCI, its shareholders, officers, employees, and/or agents for actions taken reasonably and in good faith in fulfilling the specifically stated responsibilities of NCCI under this Agreement. NCCI reserves the right to obtain a determination from a court of competent jurisdiction as to the ownership of funds and/or documents in its possession in the event it receives conflicting instructions, instructions which are, in the opinion of NCCI, inconsistent with this Agreement, or if NCCI fails to receive instructions which NCCI concludes that it requires to fulfill its duties under this Agreement.

  • Litigation, etc The Fund shall give prompt notice in writing to the Purchaser of any litigation, administrative proceeding or business development which is reasonably expected to materially adversely affect its business, properties or affairs or to impair the ability of the Fund to perform its obligations as set forth hereunder or under any of the other Related Documents. All information, reports and other papers, documentation and data with respect to the Fund furnished to the Purchaser pursuant to this Section 6.9 shall be, at the time the same are so furnished, complete and correct in all material respects and, when considered with all other material delivered to the Purchaser under this Agreement or made available pursuant to the Due Diligence Request, will not contain untrue statements of material facts or omit to state material facts necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading.