Qualifying Employer Securities. A security issued by an Employer which is (A) stock; (B) a marketable obligation within the meaning of ERISA Section 407(e), (C) an interest in a publicly traded partnership (as defined in Code Section 7704(b)) but only if such partnership is an existing partnership as defined in Section 10211(c)(2)(A) of the Revenue Act of 1987 (Public Law 100-203); and (D) otherwise a “qualifying employer security” as defined in ERISA Section 407(d).
Qualifying Employer Securities. The Trustee shall exercise all voting or tender offer rights with respect to any Qualifying Employer Securities in the Trust Fund which are allocated to the Plan accounts of Participants in accordance with instructions from Participants. Each Participant shall be a named fiduciary within the meaning of Section 403(a)(1) of ERISA for the purpose of directing the voting and tendering of Qualifying Employer Securities allocated to his Plan account. Each Participant may direct the Trustee, confidentially, how to vote or whether or not to tender the Qualifying Employer Securities representing shares allocated to his Plan account. Upon timely receipt of direction, the Trustee shall vote or tender all such shares of Qualifying Employer Securities as directed by the Participants. The Named Fiduciary shall use reasonable procedures to inform Participants as to what action will be taken in the absence of the receipt of such affirmative instructions from the Participants. For all shareholder meetings, the Named Fiduciary directs the Trustee to vote shares of Qualifying Employer Securities allocated to Participants’ Plan accounts for which no Participant direction is received in the same proportion as shares that were affirmatively voted by Participants. In the case of a tender offer or other right or options with respect to Qualifying Employer Securities, a Participant who does not issue valid directions to the Trustee to sell, offer to sell, exchange or otherwise dispose of such Qualifying Employer Securities shall be deemed to have directed the Trustee that such shares allocated to his Plan account remain invested in Qualifying Employer Securities. The Employer shall provide the Trustee with all information and assistance that the Trustee may reasonably request in order for the Trustee to perform its duties hereunder.
Qualifying Employer Securities. If this Adoption Agreement provides for investments in Qualifying Employer Securities, the Employer may restrict the types of Employer Securities so qualifying by indicating the restrictions in the following blanks: [ NO RESTRICTIONS ] (If investment in Qualifying Employer Securities is not restricted to type, insert in the blanks the words "No Restrictions"; if investment in Qualifying Employer Securities is not permitted, insert the letters N/A in the blanks). [ ] (A) Yes [ X ] (B) No
Qualifying Employer Securities. Subject to the other provisions of the Plan and Trust Agreement, Plan Assets may be invested in qualifying employer securities (as defined in ERISA section 407): [x] Yes [ ] No (Skip to Item 46.)
Qualifying Employer Securities. Investment in Qualifying Employer Securities is not available, unless otherwise specified in (a) below.
Qualifying Employer Securities. FOR PURPOSES OF SECTIONS A.1.72 AND A.6.1(B), AND FOR ALL OTHER PURPOSES OF THE PLAN AND TRUST AGREEMENT, THE STOCK OF ANY ADOPTING EMPLOYER AND ANY PARTICIPATING EMPLOYER SHALL BE TREATED AS QUALIFYING EMPLOYER SECURITIES.
Qualifying Employer Securities. For purposes of Sections A.1.72 and A.6.1(B), and for all other purposes of the Plan and Trust Agreement, the stock of any adopting Employer and any Participating Employer shall be treated as Qualifying Employer Securities.
Qualifying Employer Securities. May Plan assets be invested in Qualifying Employer Securities (check one)? In no event may Employer, Participant, Elective Deferral, Matching, Rollover or Qualified Voluntary Employee Contributions or other Employer contributions or direct transfers or Employer, Participant, Elective Deferral, Matching, Rollover, Transfer or QVEC Accounts or other accounts be invested in Qualifying Employer Securities unless such investment is in compliance with applicable Federal and state securities laws (including any necessary filings under such Federal and state securities laws) and the requirements of the Plan. If such investment is in compliance with such laws (including any required filings) and Plan requirements, the prohibition on investment of Plan assets in Qualifying Employer Securities does not apply and up to [ 100 ] (insert percentage; if not applicable, insert letters N/A in blank) percent of Plan assets may be so invested. If any such required filings have not been made, only Employer Contributions and Employer Accounts not subject to Participant or Beneficiary directed investment may be invested in Qualifying Employer Securities. In such case, indicate the percentage of Employer Contributions and Employer Accounts which may be invested in Qualifying Employer Securities in the following blank: [ 100 ] percent (insert percentage; if not applicable, insert letters N/A in blank).
Qualifying Employer Securities. All amounts received by the Master Trustee which are directed by the Benefit Committee to be placed in an account which has as its investment purpose investment in Qualifying Employer Securities or any amount received by the Master Trustee as a result of holding such Qualifying Employer Securities shall be invested in accordance with the provisions of Appendix D dealing with Qualifying Employer Securities.
Qualifying Employer Securities. Securities of the Employer that the Trustee may acquire and hold pursuant to section 407 of the Act.
