Common use of Qualified Trust Clause in Contracts

Qualified Trust. The Plan Fiduciary warrants and represents that the Participating Trust is a Qualified Trust as defined by Section 2.1 of the Declaration of Trust. The Participating Trust is [check one]: □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan or plans (including any governmental plans) qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, other than a trust or account which forms a part of a plan which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code; including without limitation any such trust or account under a plan maintained by the Trustee for its own employees; □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code, provided that the participation of such trust or account meets the conditions of Securities and Exchange Commission Rule 180, or the Trustee determines participation is otherwise permitted under applicable federal securities laws and regulations; provided that the Plan Fiduciary shall complete and execute the required Declaration of Exemption (Exhibit B). Exhibit B is attached: Yes No □ An employee benefit trust or account established with respect to any governmental plan as defined by Section 414(d) of the Code which has been established by an employer for the exclusive benefit of employees or their beneficiaries if under the plan it is impossible prior to the satisfaction of liabilities with respect to such employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of such employees or their beneficiaries, other than a plan funded by an annuity contract described in Section 403(b) of the Code; □ A church plan that is a retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) and that is described in Code section 414(e) of the Internal Revenue Code.. □ Another plan or trust or other account that the Trustee has determined may participate in the Composite Trust in accordance with applicable Laws and Regulations, in the Trustee's sole discretion.

Appears in 85 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

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Qualified Trust. The Plan Fiduciary Sponsor warrants and represents that the Participating Trust is a Qualified Trust as defined by Section 2.1 of the Declaration of Trust. The Participating Trust is [check one]: □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan or plans (including any governmental plans) qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, other than a trust or account which forms a part of a plan which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code; including without limitation any such trust or account under a plan maintained by the Trustee for its own employees; □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code, provided that the participation of such trust or account meets the conditions of Securities and Exchange Commission Rule 180, or the Trustee determines participation is otherwise permitted under applicable federal securities laws and regulations; provided that the Plan Fiduciary Sponsor shall complete and execute the required Declaration of Exemption (Exhibit B). Exhibit B is attached: Yes No □ An employee benefit trust or account established with respect to any governmental plan as defined by Section 414(d) of the Code which has been established by an employer for the exclusive benefit of employees or their beneficiaries if under the plan it is impossible prior to the satisfaction of liabilities with respect to such employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of such employees or their beneficiaries, other than a plan funded by an annuity contract described in Section 403(b) of the Code; □ A church plan that is a retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) and that is described in Code section 414(e) of the Internal Revenue Code.. □ Another plan or trust or other account that the Trustee has determined may participate in the Composite Trust in accordance with applicable Laws and Regulations, in the Trustee's sole discretion.

Appears in 20 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

Qualified Trust. The Plan Fiduciary warrants and represents that the Participating Trust is a Qualified Trust as defined by Section 2.1 of the Declaration of Trust. The Participating Trust is [check one]: A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan or plans (including any governmental plans) qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, other than a trust or account which forms a part of a plan which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code; including without limitation any such trust or account under a plan maintained by the Trustee for its own employees; A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code, provided that the participation of such trust or account meets the conditions of Securities and Exchange Commission Rule 180, or the Trustee determines participation is otherwise permitted under applicable federal securities laws and regulations; provided that the Plan Fiduciary shall complete and execute the required Declaration of Exemption (Exhibit B). Exhibit B is attached: Yes No An employee benefit trust or account established with respect to any governmental plan as defined by Section 414(d) of the Code which has been established by an employer for the exclusive benefit of employees or their beneficiaries if under the plan it is impossible prior to the satisfaction of liabilities with respect to such employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of such employees or their beneficiaries, other than a plan funded by an annuity contract described in Section 403(b) of the Code; □ A church plan that is a retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) and that is described in Code section 414(e) of the Internal Revenue Code.. □ Another plan or trust or other account that the Trustee has determined may participate in the Composite Trust in accordance with applicable Laws and Regulations, in the Trustee's sole discretion.

Appears in 6 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

Qualified Trust. The Plan Fiduciary warrants and represents that the Participating Trust is a Qualified Trust as defined by Section 2.1 of the Declaration of Trust. The Participating Trust is [check one]: □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan or plans (including any governmental plans) qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, other than a trust or account which forms a part of a plan which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code; including without limitation any such trust or account under a plan maintained by the Trustee for its own employees; □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code, provided that the participation of such trust or account meets the conditions of Securities and Exchange Commission Rule 180, or the Trustee determines participation is otherwise permitted under applicable federal securities laws and regulations; provided that the Plan Fiduciary shall complete and execute the required Declaration of Exemption (Exhibit B). Exhibit B is attachedcompleted: Yes No □ An employee benefit trust or account established with respect to any governmental plan as defined by Section 414(d) of the Code which has been established by an employer for the exclusive benefit of employees or their beneficiaries if under the plan it is impossible prior to the satisfaction of liabilities with respect to such employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of such employees or their beneficiaries, other than a plan funded by an annuity contract described in Section 403(b) of the Code; □ A church plan that is a retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) and that is described in Code section 414(e) of the Internal Revenue Code.. . □ Another plan or trust or other account that the Trustee has determined may participate in the Composite Trust in accordance with applicable Laws and Regulations, in the Trustee's sole discretion.

Appears in 4 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

Qualified Trust. The Plan Fiduciary Sponsor warrants and represents that the Participating Trust is a Qualified Trust as defined by Section 2.1 of the Declaration of Trust. The Participating Trust is [check one]: □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan or plans (including any governmental plans) qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, other than a trust or account which forms a part of a plan which covers employees, some of whom are "self-self- employed individuals" within the meaning of Section 401(c) of the Code; including without limitation any such trust or account under a plan maintained by the Trustee for its own employees; □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code, provided that the participation of such trust or account meets the conditions of Securities and Exchange Commission Rule 180, or the Trustee determines participation is otherwise permitted under applicable federal securities laws and regulations; provided that the Plan Fiduciary Sponsor shall complete and execute the required Declaration of Exemption (Exhibit B). Exhibit B is attached: Yes No □ An employee benefit trust or account established with respect to any governmental plan as defined by Section 414(d) of the Code which has been established by an employer for the exclusive benefit of employees or their beneficiaries if under the plan it is impossible prior to the satisfaction of liabilities with respect to such employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of such employees or their beneficiaries, other than a plan funded by an annuity contract described in Section 403(b) of the Code; □ A church plan that is a retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) and that is described in Code section 414(e) of the Internal Revenue Code.. □ Another plan or trust or other account that the Trustee has determined may participate in the Composite Trust in accordance with applicable Laws and Regulations, in the Trustee's sole discretion.

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

Qualified Trust. The Plan Fiduciary warrants and represents that the Participating Trust is a Qualified Trust as defined by Section 2.1 of the Declaration of Trust. The Participating Trust is [check one]: □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan or plans (including any governmental plans) qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, other than a trust or account which forms a part of a plan which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code; including without limitation any such trust or account under a plan maintained by the Trustee for its own employees; □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code, provided that the participation of such trust or account meets the conditions of Securities and Exchange Commission Rule 180, or the Trustee determines participation is otherwise permitted under applicable federal securities laws and regulations; provided that the Plan Fiduciary shall complete and execute the required Declaration of Exemption (Exhibit B). Exhibit B is attached: Yes No □ An employee benefit trust or account established with respect to any governmental plan as defined by Section 414(d) of the Code which has been established by an employer for the exclusive benefit of employees or their beneficiaries if under the plan it is impossible prior to the satisfaction of liabilities with respect to such employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of such employees or their beneficiaries, other than a plan funded by an annuity contract described in Section 403(b) of the Code; □ A church plan that is a retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) and that is described in Code section 414(e) of the Internal Revenue Code.. □ Another plan or trust or other account that the Trustee has determined may participate in the Composite Trust in accordance with applicable Laws and Regulations, in the Trustee's sole discretion.

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

Qualified Trust. The Plan Fiduciary warrants and represents that the Participating Trust is a Qualified Trust as defined by Section 2.1 of the Declaration of Trust. The Participating Trust is [check one]: □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan or plans (including any governmental plans) qualified under Section 401(a1081.01(a) of the Code and exempt under Section 501(a1081.01(a) of the Code, other than a trust or account which forms a part of a plan which covers employees, some of whom are "selfemployee-employed individualsowners" within the meaning of Section 401(c1081.01(f) of the Code; including without limitation any such trust or account under a plan maintained by the Trustee for its own employees; □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan qualified under Section 401(a1081.01(a) of the Code and exempt under Section 501(a1081.01(a) of the Code, which covers employees, some of whom are "self-employed individualsemployee- owners" within the meaning of Section 401(c1081.01(f) of the Code, provided that the participation of such trust or account meets the conditions of U.S. Securities and Exchange Commission Rule 180, or the Trustee determines participation is otherwise permitted under applicable federal securities laws and regulations; provided that the Plan Fiduciary shall complete and execute the required Declaration of Exemption (Exhibit B). Exhibit B is attached: Yes No □ An employee benefit trust or account established with respect to any governmental plan as defined created by Section 414(d) a law of the Code Commonwealth of Puerto Rico, including, but not limited to, Puerto Rico Act No. 106-2017, which has been established by an employer the Commonwealth of Puerto Rico for the exclusive benefit of employees or their beneficiaries if under the plan it is impossible prior to the satisfaction of liabilities with respect to such employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of such employees or their beneficiaries, other than a plan funded by an annuity contract described in Section 403(b) of the Code; □ A church plan that is a retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) and that is described in Code section 414(e) of the Internal Revenue Code.. . □ Another plan or trust or other account that the Trustee has determined may participate in the Composite Trust in accordance with applicable Laws and Regulations, in the Trustee's sole discretion.

Appears in 1 contract

Samples: Participation Agreement

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Qualified Trust. The Plan Fiduciary Sponsor warrants and represents that the Participating Trust is a Qualified Trust as defined by Section 2.1 of the Declaration of Trust. The Participating Trust is [check one]: □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan or plans (including any governmental plans) qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, other than a trust or account which forms a part of a plan which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code; including without limitation any such trust or account under a plan maintained by the Trustee for its own employees; □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code, provided that the participation of such trust or account meets the conditions of Securities and Exchange Commission Rule 180, or the Trustee determines participation is otherwise permitted under applicable federal securities laws and regulations; provided that the Plan Fiduciary Sponsor shall complete and execute the required Declaration of Exemption (Exhibit B). Exhibit B is attached: Yes No □ An employee benefit trust or account established with respect to any governmental plan as defined by Section 414(d) of the Code which has been established by an employer for the exclusive benefit of employees or their beneficiaries if under the plan it is impossible prior to the satisfaction of liabilities with respect to such employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of such employees or their beneficiaries, other than a plan funded by an annuity contract described in Section 403(b) of the Code; □ A church plan that is a retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) and that is described in Code section 414(e) of the Internal Revenue Code.. □ Another plan or trust or other account that the Trustee has determined may participate in the Composite Trust in accordance with Section 3(c)(11) of the Investment Company Act and applicable Laws and Regulations, in the Trustee's sole discretion.

Appears in 1 contract

Samples: Participation Agreement

Qualified Trust. The Plan Fiduciary Sponsor warrants and represents that the Participating Trust is a Qualified Trust as defined by Section 2.1 of the Declaration of Trust. The Participating Trust is [check one]: A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan or plans (including any governmental plans) qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, other than a trust or account which forms a part of a plan which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code; including without limitation any such trust or account under a plan maintained by the Trustee for its own employees; A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code, provided that the participation of such trust or account meets the conditions of Securities and Exchange Commission Rule 180, or the Trustee determines participation is otherwise permitted under applicable federal securities laws and regulations; provided that the Plan Fiduciary Sponsor shall complete and execute the required Declaration of Exemption (Exhibit B). Exhibit B is attached: Yes No An employee benefit trust or account established with respect to any governmental plan as defined by Section 414(d) of the Code which has been established by an employer for the exclusive benefit of employees or their beneficiaries if under the plan it is impossible prior to the satisfaction of liabilities with respect to such employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of such employees or their beneficiaries, other than a plan funded by an annuity contract described in Section 403(b) of the Code; □ A church plan that is a retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) and that is described in Code section 414(e) of the Internal Revenue Code.. □ Another plan or trust or other account that the Trustee has determined may participate in the Composite Trust in accordance with applicable Laws and Regulations, in the Trustee's sole discretion.

Appears in 1 contract

Samples: Participation Agreement

Qualified Trust. The Plan Fiduciary Sponsor warrants and represents that the Participating Trust is a Qualified Trust as defined by Section 2.1 of the Declaration of Trust. The Participating Trust is [check one]: □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan or plans (including any governmental plans) qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, other than a trust or account which forms a part of a plan which covers employees, some of whom are "self-self- employed individuals" within the meaning of Section 401(c) of the Code; including without limitation any such trust or account under a plan maintained by the Trustee for its own employees; □ A retirement, pension, profit sharing, stock bonus, or other employee benefit trust or account forming a part of a plan qualified under Section 401(a) of the Code and exempt under Section 501(a) of the Code, which covers employees, some of whom are "self-employed individuals" within the meaning of Section 401(c) of the Code, provided that the participation of such trust or account meets the conditions of Securities and Exchange Commission Rule 180, or the Trustee determines participation is otherwise permitted under applicable federal securities laws and regulations; provided that the Plan Fiduciary Sponsor shall complete and execute the required Declaration of Exemption (Exhibit B). Exhibit B is attached: Yes No □ An employee benefit trust or account established with respect to any governmental plan as defined by Section 414(d) of the Code which has been established by an employer for the exclusive benefit of employees or their beneficiaries if under the plan it is impossible prior to the satisfaction of liabilities with respect to such employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of such employees or their beneficiaries, other than a plan funded by an annuity contract described in Section 403(b) of the Code; □ A church plan that is a retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) and that is described in Code section 414(e) of the Internal Revenue Code.. □ Another plan or trust or other account that the Trustee has determined may participate in the Composite Trust in accordance with applicable Laws and Regulations, in the Trustee's sole discretion.

Appears in 1 contract

Samples: Participation Agreement

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