Fiduciary Provisions Sample Clauses

Fiduciary Provisions. A. In the event the merger or consolidation of ACHIEVA FAMILY TRUST with any corporate Trustee, the resulting corporation shall become successor Trustee, without notice to any party.
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Fiduciary Provisions. The Board of Directors of the Company is hereby designated as the "Named Fiduciary" for the Split Dollar Plan established by this Agreement, and it shall have the authority to control and manage the operation and administration of such Plan. However, the Insurer shall be the fiduciary of the Plan solely with regard to the review and final decision on the claim for benefits under its Policy, as provided in the claims procedure set forth in Article 15.
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Fiduciary Provisions. (a) The Trustees shall be the named fiduciary of the Plan and Fund. The Trustees may designate any other person as a named fiduciary by an instrument in writing signed by it, delivered to the designated named fiduciary, and acknowledged and accepted in writing by such designated fiduciary. Any such designation may be modified or amended by written agreement between the parties and may be revoked by either party by written notice delivered to the other party.
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Fiduciary Provisions. The (e.g. Secretary) of Employer is hereby designated as the "Named Fiduciary" for the Plan and he/she shall have the authority to control and manage the operation and administration of such Plan.
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Fiduciary Provisions. The Management Compensation Committee of Employer (Attention: Senior Vice President, Human Resources) is hereby designated as the “Named Fiduciary” for the split-dollar program (hereafter called the “Program”) established by this Agreement, and he or she shall have the authority to control and manage the operation and administration of such Program.
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Fiduciary Provisions. The Company is hereby designated as the "Named Fiduciary" for the split dollar program (hereafter called the "Program") established by this Agreement, and the Chief Financial Officer and/or the General Counsel shall have the authority to control and manage the operation and administration of such Program.
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Fiduciary Provisions. In the event the merger or consolidation of ACHIEVA FAMILY TRUST with any corporate Trustee, the resulting corporation shall become successor Trustee, without notice to any party. No bond shall be required of the Trustee hereunder in any jurisdiction. All powers, authorities and discretions conferred upon and granted to the Trustee named herein shall extend to and be exercisable by such Trustee’s successor or successors, regardless of method of appointment. No successor Trustee shall be personally liable for any act or failure to act of a predecessor Trustee; PROVIDED, HOWEVER, that this provision shall not be deemed to abrogate the successor liability of an entity that succeeds to the assets or business of a Trustee and, thus, becomes a successor Trustee.
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Fiduciary Provisions 
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Related to Fiduciary Provisions

  • Statutory Provisions Any statutory or regulatory reference in this Agreement shall include a reference to any successor to such statute or regulation and/or revision thereof.

  • Custody Provisions (a) The Custodian shall act as custodian of the Certificated Depositary Interests and the Notes, as the case may be, and any related cash or other assets for the benefit of the registered holder(s) from time to time of the Certificated Depositary Interests. The Custodian shall be entitled to utilize the Depositary (or any other securities depository, book-entry system or clearing agency authorized to act as such pursuant to applicable law and identified to the Company from time to time) and Subcustodians to the extent possible in connection with its performance hereunder. The Certificated Depositary Interests, the Notes, and any related cash or other assets deposited by the Custodian in a Depositary (or such other securities depository, book-entry system or clearing agency) will be held subject to the rules, terms and conditions of the Depositary (or such other securities depository, book-entry system or clearing agency). The Certificated Depositary Interests, the Notes, and any related cash or other assets held through Subcustodians shall be held subject to the terms and conditions of the Custodian’s agreements with such Subcustodians. Subcustodians may be authorized to hold securities in central securities depositories or clearing agencies in which such Subcustodians participate. Unless otherwise required by local law or practice or a particular subcustodian agreement, the Certificated Depositary Interests, the Notes, and other assets deposited with the Subcustodians will be held in a commingled account in the name of the Custodian as custodian or trustee for its customers. The Custodian shall identify on its books and records the Certificated Depositary Interests, the Notes, and any related cash or other assets, whether held directly or indirectly through the Depositary (or such other securities depository, book-entry system or clearing agency) or the Subcustodians.

  • SUNDRY PROVISIONS Section 1. This Supplemental Indenture is executed and shall be construed as an indenture supplemental to the Original Indenture, and shall form a part thereof and all of the provisions contained in the Original Indenture in respect to the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect hereof as fully and with like effect as if set forth herein in full. The Trustee agrees to accept and act upon instructions or directions pursuant to this Supplemental Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Company shall provide to the Trustee an incumbency certificate listing designated persons authorized to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions pursuant to this Supplemental Indenture (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling in the absence of manifest error. Subject to Sections 14.02 and 14.03 of the Indenture, the Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding whether such instructions conflict or are inconsistent with a subsequent written instruction. Subject to Sections 14.02 and 14.03 of the Indenture, the Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee pursuant to this Supplemental Indenture, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.

  • Exculpatory Provisions The Administrative Agent shall not have any duties or obligations except those expressly set forth herein and in the other Loan Documents. Without limiting the generality of the foregoing, the Administrative Agent:

  • Customary Provisions The Mortgage contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for the realization against the Mortgaged Property of the benefits of the security provided thereby, including, (i) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (ii) otherwise by judicial foreclosure. Upon default by a Mortgagor on a Mortgage Loan and foreclosure on, or trustee's sale of, the Mortgaged Property pursuant to the proper procedures, the holder of the Mortgage Loan will be able to deliver good and merchantable title to the Mortgaged Property. There is no homestead or other exemption available to a Mortgagor which would interfere with the right to sell the Mortgaged Property at a trustee's sale or the right to foreclose the Mortgage, subject to applicable federal and state laws and judicial precedent with respect to bankruptcy and right of redemption or similar law;

  • Guaranty Provisions Each Borrower acknowledges and agrees that, whether or not specifically indicated as such in a Loan Document, all Obligations shall be joint and several Obligations of each individual Borrower, and in furtherance of such joint and several Obligations, each Borrower hereby irrevocably guarantees the payment of all Obligations of each other Borrower as set forth below.

  • Supplementary Provisions 15.1 This Agreement is executed in two original copies and each Party shall keep one.

  • Administrative Provisions (a) Grievances and replies at Step 3 of the grievance procedure and notification to arbitrate shall be by registered mail.

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