Proxies; Class Actions Sample Clauses

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.
Proxies; Class Actions. The Sub-Adviser shall be solely responsible to vote all proxies received with respect to the Assets, and shall take all necessary and reasonable steps with respect to corporate actions related to securities held or previously held as part of the Assets. The Sub-Adviser shall not incur any liability to Client for failing to vote any proxies, or to take an action with respect to a corporate action, if it had not received such proxies or related communication on a timely basis. Adviser requests, but does not obligate, Sub-Adviser to advise or act for Client in any legal proceedings, including bankruptcies or class actions, involving securities held or previously held as part of the Assets. Upon the reasonable request of Client or Adviser, Sub-Adviser shall produce to Client or the Adviser records and information related to securities held or previously held as part of the Assets.
Proxies; Class Actions. (a) The Subadviser is hereby appointed the Fund’s agent and attorney-in-fact to exercise in its discretion all rights and perform all duties which may be exercisable in relation to the Fund, including without limitation the right to vote (or in its discretion, refrain from voting), tender, exchange, endorse, transfer, or deliver any securities on behalf of the Fund, to participate in or consent to any class action, distribution, plan of reorganization, creditors committee, merger, combination, consolidation, liquidation, underwriting, or similar plan with reference to such securities; and to execute and bind the Fund in waivers, consents and covenants related thereto. For the avoidance of doubt, the Subadviser has sole and full discretion to vote (or not to vote) any securities in the Fund and neither the Fund nor the Adviser will, directly or indirectly, attempt to influence the Subadviser’s voting decisions. The Subadviser represents and covenants that prior to the Fund’s commencement of operations it will have adopted written proxy voting policies and procedures as required under Rule 206(4)-6 of the Investment Advisers Act of 1940, as amended (“Advisers Act”), a copy of which be provided to the Fund and the Board, and that it will promptly provide (i) any updates of such policies and procedures to the Fund and the Board, (ii) its voting records with respect to the Fund’s securities to the Fund or the Fund’s proxy voting service, as the Fund may direct, so that the Fund meets its annual disclosure requirement pursuant to Rule 30b1-4 under the 1940 Act, and (iii) reports to the Adviser and/or the Board, as the Fund may direct, in instances where the Subadviser votes counter to its proxy voting policies.
Proxies; Class Actions. (a) The Manager delegates proxy voting authority to the Subadvisor. The Subadvisor has adopted proxy voting policies and procedures designed to ensure that all proxies solicited by or with respect to the issuers of securities held by the Series are reviewed on a case-by-case basis and voted in the best interests of the Series without regard to the interests of the Subadvisor. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Series, and these records shall be available to the Trust upon request.
Proxies; Class Actions. (a) The Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Fund in accordance with the Subadvior’s written Proxy Voting Policies and Procedures. 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 reasonable request.
Proxies; Class Actions. (a) Green Alpha Advisors shall exercise any voting or other rights attaching to the investments in the Fund as deemed in the best interests of the Fund in accordance with Sxxxxxx Capital’s proxy voting policy, as approved by the Board of Trustees. (The Board of Trustees have approved the policies of Glass Lewis Co, the Trust’s proxy voting service provider). The Fund is responsible for any reasonable third party expenses involved.
Proxies; Class Actions. (a) Except as set forth in Schedule 10, Sxxxxxx Capital Management shall exercise any voting or other rights attaching to the investments in the Fund as deemed in the best interests of the Fund in accordance with Sxxxxxx Capital’s proxy voting policy, as approved by the Board. The Fund is responsible for any reasonable third party expenses involved.
Proxies; Class Actions. (a) Manager authorizes Subadvisor to vote proxies for securities held in the Allocated Assets of the Series pursuant to Subadvisor’s policies and procedures and according to Subadvisor’s proxy voting guidelines, of which the Manager hereby acknowledges receipt. Subadvisor will maintain appropriate records regarding proxy voting for the Allocated Assets. Subadvisor is authorized and directed to instruct the custodian to forward promptly to Subadvisor copies of all proxies and shareholder communications relating to securities held in the Allocated Assets (other than materials relating to legal proceedings). Manager agrees that Subadvisor will not be responsible with regard to the voting of proxies if Subadvisor has not received such proxies or related shareholder communications on a timely basis. Subadvisor has the authority to engage a service provider to assist with administrative functions related to voting proxies for the Allocated Assets. Manager may obtain a copy of Subadvisor’s proxy voting policies and procedures and information about how Subadvisor voted with respect to Fund securities by contacting Subadvisor at the address and/or telephone number listed below.

Related to Proxies; Class Actions

  • 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 YOU AND SERVICETITAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ServiceTitan agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class 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.

  • Proxies and Voting (a) On any matter that is to be voted on by Members, the Members may vote in person or by proxy, and such vote may be made, or proxy may be granted in writing, by means of electronic transmission or as otherwise permitted by applicable law. Any such proxy shall be delivered in accordance with the procedure established for the relevant meeting.

  • Proxies The Custodian shall, with respect to the domestic securities held hereunder, cause to be promptly executed by the registered holder of such securities, if the securities are registered otherwise than in the name of the Portfolio or a nominee of the Portfolio, all proxies, without indication of the manner in which such proxies are to be voted, and shall promptly deliver to the Portfolio such proxies, all proxy soliciting materials and all notices relating to such securities.