Investment of Plan Assets. (a) With respect to Plans that invest in the Funds directly, ING Financial represents that it is authorized under the Plans to implement the investment of Plan assets in the name of an appropriately designated nominee of each Plan ("Nominee") in shares of investment companies or other investment vehicles specified by a sponsor, an investment adviser, an administrative committee, or other fiduciary as designated by a Plan ("Plan Representative") upon the direction of a Plan participant or beneficiary ("Participant"). The parties acknowledge and agree that selections of particular investment companies or other investment vehicles are made by Plan representatives or Participants, who may change their respective selections from time to time in accordance with the terms of the Plan.
Investment of Plan Assets. AISI represents that it is authorized under the Plans to implement the investment of Plan assets in the name of an appropriately designated nominee of each Plan (“Nominee”) in shares of investment companies or other investment vehicles specified by a sponsor, an investment adviser, an administrative committee, or other fiduciary as designated by a Plan (“Plan Representative”) upon the direction of a Plan participant or beneficiary (“Participant”). The parties acknowledge and agree that selections of particular investment companies or other investment vehicles are made by Plan representatives or Participants, who may change their respective selections from time to time in accordance with the terms of the Plan.
Investment of Plan Assets. (a) With respect to Plans that invest in the Funds directly, ING Financial represents that it is authorized under the Plans to implement the investment of Plan assets in the name of an
Investment of Plan Assets. The Plan Sponsor, and not MassMutual, is responsible for the investment of plan assets. Plan assets are invested in mutual funds, collective trusts, insurance company general and separate accounts, other pooled investment vehicles or other investments, selected by the Plan Sponsor as described in Exhibit C (“Investment Options”). The Plan Sponsor and/or the participants direct the investment of plan assets among these Investment Options as indicated in Exhibit C. The Plan Sponsor may amend its selections on Exhibit C at any time by providing MassMutual at least sixty (60) days advance written notice. MassMutual cannot accept any change it is unable to administer. If the Plan's assets are invested through a group annuity contract issued by MassMutual, the Plan Sponsor acknowledges and agrees that MassMutual has established Investment Options that it makes available to plan sponsors through the contract and that the contract allows MassMutual to reinvest the underlying assets of, or discontinue, the available Investment Options subject to certain conditions. If MassMutual makes a change to an Investment Option selected by the Plan Sponsor on Exhibit C, then unless the change is required by events beyond MassMutual's reasonable control, MassMutual will provide the Plan Sponsor advance written notice of such change and an opportunity to select other Investment Options available under the group annuity contract. If MassMutual notifies the Plan Sponsor of the discontinuance of an Investment Option and the Plan Sponsor fails to select a replacement Investment Option before the effective date of the change, any plan assets invested in the discontinued Investment Option will be transferred to the Plan’s default option. The Plan Sponsor directs MassMutual to treat any change to the Plan's Investment Options approved by the Plan Sponsor under the conditions set forth in the group annuity contract or this Agreement, as an amendment to Exhibit C. If the Plan's assets are held in trust and invested directly in mutual funds, the Plan Sponsor acknowledges and agrees that MassMutual has established a "menu" of Investment Options that it makes available to plan sponsors. MassMutual determines its menu of Investment Options based on its administrative and business agreements with the managers and distributors of such Investment Options. MassMutual may change its menu of available Investment Options from time to time. If MassMutual makes a change to its menu that will affect ...
Investment of Plan Assets. (a) With respect to Plans that invest in the Funds directly, ING Financial represents that it is authorized under the Plans to implement the investment of Plan assets in the name of an appropriately designated nominee of each Plan (“Nominee”) in shares of investment companies or other investment vehicles specified by a sponsor, an investment adviser, an administrative committee, or other fiduciary as designated by a Plan (“Plan Representative”) upon the direction of a Plan participant or beneficiary (“Participant”). The Parties acknowledge and agree that selections of particular investment companies or other investment vehicles are made by Plan Representatives or Participants, who may change their respective selections from time to time in accordance with the terms of the Plan. As of the date of this Agreement, the Parties acknowledge that the Nominee shall be ING National Trust, an ING affiliate. (b) With respect to Plans that invest in the Funds indirectly through the Contracts, ING Life represents that each of the Separate Accounts is a separate account under Connecticut Insurance law and that it has registered or will register each of the Separate Accounts (except for such Accounts for which no such registration is required) as a unit investment trust under the Investment Company Act of 1940 (the “1940 Act”), to serve as an investment vehicle for the Contracts. Each Contract provides for the allocation of net amounts received by ING Life to a Separate Account for investment in the shares of one or more specified open-end management investment companies available through that Separate Account as underlying investment media. Selection of a particular investment management company and changes therein from time to time are made by the contract owner or Participant, as applicable under a particular Contract. 2.
Investment of Plan Assets. 1. Contributions made to the Plan shall be invested in a Retirement Income Account.
Investment of Plan Assets. (a) With respect to Plans that invest in the Funds directly, ING Financial
Investment of Plan Assets. (a) Such Investor represents that it is not a “benefit plan investor” (as that term is defined in the United States Department of Labor “plan assets” regulation, 29 C.F.R. section 2510.3-101) or, if it is such a benefit plan investor, that it has notified the Company in writing of such status.
Investment of Plan Assets. Pershing represents that it is authorized by Shareholders or by introducing brokers on behalf of Shareholders to implement on their behalf the investment of assets in shares of the Funds.
Investment of Plan Assets. ING Life represents that it is authorized under the Plans to implement the investment of Plan assets in the name of an appropriately designated nominee of each Plan (“Nominee”) in shares of investment companies or other investment vehicles specified by a sponsor, an investment adviser, an administrative committee, or other fiduciary as designated by a Plan (“Plan Representative”) upon the direction of a Plan participant or beneficiary (“Participant”). The parties acknowledge and agree that selections of particular investment companies or other investment vehicles are made by Plan representatives or Participants, who may change their respective selections from time to time in accordance with the terms of the Plan. dc-331703
