Common use of Pursuant to Paragraph 3 Clause in Contracts

Pursuant to Paragraph 3. 1, (1) either the Independent Fiduciary does not approve the release or the Settlement Agreement, or disapproves the release or the Settlement Agreement for any reason whatsoever, or McKinsey reasonably concludes that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-39; and (2) the Settling Parties do not mutually agree to modify the terms of this Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-39;

Pursuant to Paragraph 3. 1, (1) either the Independent Fiduciary does not approve the release or the Settlement Agreement, or disapproves the release or the Settlement Agreement for any reason whatsoever, or McKinsey reasonably concludes that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-39; and (2) the Settling Parties do not mutually agree to modify the terms of this Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-39;

Pursuant to Paragraph 3. 1, (1) either the Independent Fiduciary does not approve the release or the Settlement Agreement, or disapproves the release or the Settlement Agreement for any reason whatsoever, or McKinsey SEI reasonably concludes that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-39; and (2) the Settling Parties do not mutually agree to modify the terms of this Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-39;

Pursuant to Paragraph 3. 1, (1) either the Independent Fiduciary does not approve the release or the Settlement Agreement, or disapproves the release or the Settlement Agreement for any reason whatsoever, whatsoever or McKinsey the Plan Fiduciary reasonably concludes that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-39the PTE; and (2) the Settling Parties do not mutually agree to modify the terms of this Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-39;the PTE.

Pursuant to Paragraph 3. 1, (1) either the Independent Fiduciary does not approve the release or the Settlement Agreement, or disapproves the release or the Settlement Agreement for any reason whatsoever, or McKinsey M&T Bank reasonably concludes that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-39; and (2) the Settling Parties do not mutually agree to modify the terms of this Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-39;

Pursuant to Paragraph 3. 1, (1a) either the Independent Fiduciary does not approve the release or the Settlement Agreement, Agreement or disapproves the release or the Settlement Agreement for any reason whatsoever, or McKinsey (b) the Plan Fiduciaries reasonably concludes conclude that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-2003- 39; and in the case of (2a) or (b), (c) the Settling Parties do not mutually agree to modify the terms of this Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-3939 such that (a) and (b) no longer apply;

Pursuant to Paragraph 3. 1, (1) either the Independent Fiduciary does not approve the release or the Settlement Agreement, or disapproves the release or the Settlement Agreement for any reason whatsoever, or McKinsey Defendants reasonably concludes conclude that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-39; and (2) the Settling Parties do not mutually agree to modify the terms of this Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-39;

Pursuant to Paragraph 3. 1, (1) either the Independent Fiduciary does not approve the release or the Settlement Agreement, or disapproves the release or the Settlement Agreement for any reason whatsoever, or McKinsey Defendants reasonably concludes conclude that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-39; and (2) the Settling Parties do not mutually agree to modify the terms of this Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-39;.

Pursuant to Paragraph 3. 1, (1) either the Independent Fiduciary does not approve the release or the Settlement Agreement, or disapproves the release or the Settlement Agreement for any reason whatsoever, or McKinsey MFS reasonably concludes that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-39; and (2) the Settling Parties do not mutually agree to modify the terms of this the Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-39;

Pursuant to Paragraph 3. 1, (1a) either the Independent Fiduciary does not approve the release or the Settlement Agreement, or disapproves the release or the Settlement Agreement for any reason whatsoever, or McKinsey reasonably concludes that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-39; and (2b) the Settling Parties do not mutually agree to modify the terms of this Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-39;