Employer Stock. (a) The Named Fiduciary may direct that all or a portion of the Fund or any Investment Fund be invested in Employer Stock and the Trustee shall act in accordance with any such directions. Except as otherwise required under ERISA, the Trustee shall have no discretionary authority or responsibility to exercise voting rights, or rights in the event of a tender offer, with respect to such Employer Stock but instead shall be subject to the directions of the Named Fiduciary in the exercise of such rights. To the extent that the Plan provides for the voting or tendering of Employer Securities by Plan participants, the Named Fiduciary shall not improperly interfere in any manner regarding the decisions by or directions of any participant with respect to the vote of or response to a tender offer for Employer Securities allocated to the participant's account, and the Named Fiduciary shall arrange for such voting or participant's decision regarding the participant's action with respect to an offer to take place on a confidential basis. The Named Fiduciary will adequately communicate or cause to be communicated to all participants the provisions of the Plan and this Agreement relating to the right of participants with respect to Employer Stock under the Plan. The Company will provide the Named Fiduciary with such information and assistance as the Named Fiduciary may reasonably request, in connection with any communications or distributions to participants. The Company will distribute or cause to be distributed to participants entitled to direct the Named Fiduciary with respect to Employer Stock, all materials and communications which it provides to other stockholders of the Company in connection with such vote. The Trustee may rely on the Company for such distribution and will not be liable for the Company's failure to provide such materials and communications to any such participant.
Employer Stock. 12 4.5 Standard of Care............................................... 12 4.6
Employer Stock. (Skip this paragraph if you did not designate Employer Stock as an investment under the Service Agreement.)
Employer Stock. “Employer Stock” means the voting common stock of Employer described in the Restricted Stock Agreement attached as Exhibit A.
Employer Stock. The Trustee may invest up to 100% of the Trust Fund in the common stock, debt obligations, or any other security issued by the Employer or by an affiliate of the Employer within the limitations provided under Section406, Section407, and Section408 of ERISA provided that such investment does not constitute a prohibited transaction under Code Section4975. Any such investment will only be made upon written direction of the Employer who will be solely responsible for the propriety of such investment.
Employer Stock. In addition to the Base Salary, as an inducement to enter into this Employment Agreement, and to provide greater incentive for Employee, the parties hereto acknowledge and agree that Employee, or his/her respective designee, shall receive (100,000) Shares of Common Stock as additional compensation from the Company. Each share of the aforementioned Common Stock shall have “Convertible Rights Options” into the reorganized “Public Company’s” Common Stock (the “Employer’s Stock”). Employee acknowledges and understands that said shares may, in accordance with applicable securities laws and regulations, contain certain restrictions against subsequent sale or transfer.
Employer Stock. For purposes of this paragraph, Employer Stock shall mean Employer securities within the meaning of Section 407(d)(1) of ERISA, which are readily tradable on an established security market. This paragraph only applies to Plans that hold Employer stock that is publicly traded. Cycle D EGTRRA 401(k) IDP BPD
Employer Stock. Employee will be eligible to participate in any Employee Stock Purchase Plan or Stock Option Plan which the Employer may adopt during the term of this Agreement. Employer intends to adopt such a plan prior to the expiration of this Agreement, but makes no further representations as to the terms of such plan or the date such plan will be enacted.
Employer Stock. By virtue of the Distribution, participants in the K-C 401(k) Plan who have investments in the K-C Employer Stock Fund will receive shares of Halyard stock for each share of Xxxxxxxx-Xxxxx stock held in their account, based on the Distribution Ratio. With respect to K-C 401(k) Plan participants who are not Business Employees, the Halyard Stock allocated to their accounts shall be automatically sold and reinvested in K-C stock within the K-C Employer Stock Fund. With respect to Business Employees, both the K-C stock and Halyard Stock allocated to their accounts shall be automatically sold as of a date determined by the K-C 401(k) Plan Administrator and the cash proceeds transferred to the Halyard 401(k) Plan and reinvested in the Target Date Fund thereunder, until otherwise changed pursuant to the terms of the Halyard 401(k) Plan. Xxxxxxxx-Xxxxx and Halyard shall co-operate in providing appropriate notice to Business Employees with respect to the above.
Employer Stock. 5 2.20. ERISA....................................................................................5 2.21. Excess Earnings..........................................................................5 2.22. Forfeiture...............................................................................5 2.23. Hour of Service..........................................................................5 2.24. Integration Level........................................................................7 2.25. Investment Company.......................................................................7 2.26. Investment Company Shares................................................................7 2.27.
