Common use of Forum for Adjudication of Disputes Clause in Contracts

Forum for Adjudication of Disputes. Unless the Trust consents in writing to an alternative forum, the sole and exclusive forum for (i) any action or proceeding brought by or on behalf of the Trust or any series or Shareholders against the Trust or any series, the Trust’s investment adviser, or the Trustees, officers, or employees of the Trust; (ii) any action arising under or to interpret, apply, enforce, or determine the validity of this Declaration of Trust or the Bylaws or any investment advisory agreement; or (iii) any action asserting a claim governed by the internal affairs doctrine shall be brought in either the federal courts sitting within the City of Boston in The Commonwealth of Massachusetts or the Business Litigation Session of the Massachusetts Superior Court in Suffolk County. Any person purchasing or otherwise acquiring or holding any interest in shares of the Trust shall be (i) deemed to have notice of and consented to the provisions of this Section 9.7, and (ii) deemed to have waived any argument relating to the inconvenience of the forums referenced above in connection with any action or proceeding described in this Section 9.7.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Versus Capital Infrastructure Income Fund), Agreement and Declaration of Trust (Versus Capital Infrastructure Income Fund), Agreement and Declaration of Trust (Versus Capital Infrastructure Income Fund)

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Forum for Adjudication of Disputes. Unless Absent the Trust consents consent in writing to an alternative forumof all parties, the sole and exclusive forum for (i) any action or proceeding brought by or on behalf of the Trust or any series Series or Shareholders against the Trust or any seriesSeries, the Trust’s investment adviser, or the Trustees, officers, Officers or employees of the Trust; , (ii) any action arising under or to interpret, apply, enforce, enforce or determine the validity of this Declaration of Trust or the Bylaws By-laws or any investment advisory agreement; , or (iii) any action asserting a claim governed by the internal affairs doctrine shall be brought in either the federal courts sitting within the City of Boston in The Commonwealth of Massachusetts or the Business Litigation Session of the Massachusetts Superior Court in Suffolk CountyCounty (each, a “Covered Action”). Any person purchasing or otherwise acquiring or holding any interest in shares of the Trust shall be (i) deemed to have notice of and consented to the provisions of this Section 9.79, and (ii) deemed to have waived any argument relating to the inconvenience of the forums referenced above in connection with any action or proceeding described in this Section 9.79.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (GMO Series Trust)

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