Examples of Federal Derivative Action in a sentence
The Settlement is conditioned, among other things, upon: entry of an order by the Court approving the Settlement and dismissing the Federal Derivative Action with prejudice.
The Board of Directors and stockholders may adopt, amend and repeal the Bylaws in the manner provided in the Certificate of Incorporation, except for provisions that are expressly prescribed by that certain Memorandum of Understanding to Settle Federal and State Derivative Actions, dated May 16, 2016 (the “MOU”), which shall remain in effect for a period of five years from such date as final judgment is entered in the Federal Derivative Action, as such term is defined in the MOU.
The Merger claims cannot be characterized as a continuation of the claims initially asserted in the Federal Derivative Action.
Forum Non Conveniens Analysis Because the Federal Derivative Action may not be treated as “first-filed” under McWane, the Court turns to the forum non conveniens analysis which requires consideration and balancing of the following factors:1.
THE MOTION TO STAY OR DISMISS The Defendants have sought a stay of this action in favor of the Federal Derivative Action, which was filed almost a year ago.