Nonapplicability of ERISA. Notwithstanding anything herein to the contrary, no amount shall be distributed to any Participant pursuant to this Section 13 if such distribution could, in the opinion of independent counsel, cause the Trust to be subject to ERISA (other than as an unfunded plan described in ERISA section 201(2)). Prior to a distribution pursuant to this Section, the Committee shall provide the Trustee with a Schedule of Participants eligible for a distribution (taking into account this subsection 13.4).
Appears in 5 contracts
Samples: Trust Agreement (Vencor Inc), Trust Agreement (Beckman Instruments Inc), Trust Agreement (Tidewater Inc)
Nonapplicability of ERISA. Notwithstanding anything herein to the contrary, no amount shall be distributed to any Participant pursuant to this Section 13 if such distribution could, in the opinion of independent counsel, cause the Trust to be subject to ERISA (other than as an unfunded plan described in ERISA section Section 201(2)) of ERISA). Prior to a distribution pursuant to this Section, the Committee shall provide the Trustee with a Participant Schedule of Participants eligible for a distribution (taking into account this subsection Section 13.4).
Appears in 1 contract
Samples: Benefit Equity Trust Agreement (Beckman Coulter Inc)
Nonapplicability of ERISA. Notwithstanding anything herein to the contrary, no amount shall be distributed to any Participant pursuant to this Section 13 if such distribution could, in the opinion of independent counsel, cause the Trust to be subject to ERISA (other than as an unfunded plan described in ERISA section 201(2)). Prior to a distribution pursuant to this Section, the Committee shall provide provided the Trustee with a Schedule of Participants eligible for a distribution (taking into account this subsection 13.4).
Appears in 1 contract
