PARTIES TO LITIGATION Clause Samples

PARTIES TO LITIGATION. Except as otherwise provided by ERISA, only the Employer, the Plan Administrator, the Advisory Committee, and the Trustee are necessary parties to any court proceeding involving the Trustee or the Trust Fund. No Participant, or Beneficiary, is entitled to any notice of process unless required by ERISA. Any final judgment entered in any proceeding will be conclusive upon the Employer, the Plan Administrator, the Advisory Committee, the Trustee, Participants and Beneficiaries.

PARTIES TO LITIGATION. Except as otherwise provided by Applicable Law, a Participant or a Beneficiary is not a necessary party or required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment (not subject to further appeal) entered in any such proceeding will be binding upon the Employer, the Plan Administrator, the Trustee, Custodian, Participants and Beneficiaries and upon their successors and assigns.

PARTIES TO LITIGATION. Except as otherwise provided by applicable law, only the Employer, the Plan Administrator, the Plan Administration Committee, and the Trustees shall be necessary parties to any court proceeding involving the Trustees or the Trust Fund. No Participant, or Beneficiary, shall be entitled to any notice of process unless required by applicable law. Any final judgment entered in any proceeding shall be conclusive upon the Employer, the Plan Administrator, the Plan Administration Committee, the Trustees, Participants and Beneficiaries.

PARTIES TO LITIGATION. 42 10.7 Professional Agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 10.8 Distribution of Trust Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 10.9 Distribution Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 10.10

PARTIES TO LITIGATION. Each of the Parties agree to the extent permitted by law that in any action brought against a Party to enforce such Party's indemnity obligations under this Article X, no other Party shall be deemed an indispensable party to such action, and such action may validly proceed whether or not any other Parties are joined.

PARTIES TO LITIGATION. Company and Shareholder agree not to assert any Claim of the type described in Section 7.1, above, against the individual officers and directors of Surviving Corporation, Bristol or Purchaser, or any of them, unless (i) such a Claim is based upon good faith allegations, plead with specificity, of intentional misconduct of such officers and directors, or any of them, for any actions taken or omissions made at any time by such officers and directors in their respective capacities, or (ii) it is determined that the such officers and directors, or any of them, are indispensable parties to any lawsuit in which such Claims asserted, or (iii) a court determines on its own motion that such officers and directors, or any of them, are necessary parties to any lawsuit in which such Claim is asserted.

PARTIES TO LITIGATION. (a) Company and the Shareholders agree not to assert any Claim of the type described in Section 7.1, above, other than for indemnity or contribution, against the individual officers and directors of the Surviving Corporation, Bristol or Purchaser, or any of them, unless (i) such a Claim is based upon good faith allegations of intentional misconduct of such officers and directors, or any of them, for any actions taken or omissions made at any time by such officers and directors in their respective capacities, or (ii) it is determined that the such officers and directors, or any of them, are indispensable parties to any lawsuit in which such Claims asserted, or (iii) a court determines on its own motion that such officers and directors, or any of them, are necessary parties to any lawsuit in which such Claim is asserted; provided, however, that with respect to a claim of the type described in clause (i) of this subparagraph (a), Company and the Shareholders must plead with specificity the alleged intentional misconduct of such officers and directors, or any of them. (b) Bristol, Purchaser and Surviving Corporation agree not to assert any Claim of the type described in Section 7.2, above, other than for indemnity or contribution, against the individual officers and directors of Company and the Shareholders, or any of them, unless (i) such a Claim is based upon good faith allegations of intentional misconduct of such officers and directors, or any of them, or (ii) it is determined that such officers and directors, or any of them, are indispensable parties to any lawsuit in which such Claim is asserted, or (iii) a court determines on its own motion that such officers and directors, or any of them, are necessary parties to any lawsuit in which such Claim is asserted; provided, however, that with respect to a Claim of the type described in clause (i) of this subparagraph (b), Bristol and Purchaser must plead with specificity the alleged intentional misconduct of such officers and directors, or any of them. (c) In the event that Company and the Shareholders or Bristol, Purchaser and Surviving Corporation shall establish in a court of competent jurisdiction that the other party hereto shall have intentionally and in bad faith violated the provisions of this Section 7.4, then Company and the Shareholders or Bristol, Purchaser and Surviving Corporation, as the case may be, shall be entitled 40 42 to recover from the other reasonable costs and exposes, including attor...

PARTIES TO LITIGATION. Except as otherwise provided by the Act, only the Company and the Plan Administrator and the Trustee are necessary parties to any court proceeding involving the Trustee or the Trust Fund. No Participant, or Beneficiary, is entitled to any notice of process unless required by the Act. Any final judgment entered in any proceeding will be conclusive upon the Company and the Plan Administrator, the Trustee, Participants and Beneficiaries.