The Regulation Sample Clauses

The Regulation. The regulation is a final regulation. This Sample Agreement is based on the language of the interim final regulation as issued February 3, 2012. The preamble to the regulation states that, in the near future, the DOL intends to issue a separate proposal that would require a guide or summary requirement. Although no such guide or summary is required by the regulation at this time, service providers may ultimately be required to provide a guide or other summary. The regulation attaches, as an appendix, a “Sample Guide to Initial Disclosures.” Although it is not likely that any such summary or guide requirement will be in effect as of the July 1, 2012 effective date of the regulation, service providers may subsequently be required to comply with a summary or guide requirement, and therefore, to modify their disclosure documents accordingly. “Covered Service Providers” The regulation applies to “covered service providers” that reasonably expect to receive $1,000 or more in direct or indirect compensation and that provide “covered services.” “Indirect” compensation is compensation received from any source other than the covered plan, the plan sponsor, the covered service provider, an affiliate, or a subcontractor. Persons providing services directly to the covered plan as a fiduciary within the meaning of ERISA §3(21) and persons providing services directly to the covered plan as an investment adviser registered under either the Investment Advisers Act of 1940 or any State law are “covered service providers” under the regulation. In addition, while it is not anticipated that RIAs will receive any “indirect compensation” (i.e., compensation from a source other than the covered plan [see below] or the plan sponsor), RIAs should be aware that to the extent they provide consulting or investment advisory services and receive any indirect compensation for those services, the nature of the services provided, the compensation expected to be received and the payer of the compensation will need to be disclosed. For these purposes, the regulation refers to “consulting” services as “consulting related to the development or implementation of investment policies or objectives, or the selection or monitoring of service providers or plan investments.” “Covered Plans” The disclosures required by the regulation must be made to “covered plans,” which include “employee pension benefit plans” or “pension plans” as defined by ERISA §3(2)(A), but do not include SEP-IRAs, SIMPLE IRAs,...
Sample 1
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The Regulation. The regulation is a final regulation. This Sample Agreement is based on the language of the regulation as issued February 3, 2012. The preamble to the regulation states that, in the near future, the DOL intends to issue a separate proposal that would require a guide or summary requirement. Although no such guide or summary is required by the regulation at this time, service providers may ultimately be required to provide a guide or other summary. The regulation attaches, as an appendix, a “Sample Guide to Initial Disclosures.” Although it is not likely that any such summary or guide requirement will be in effect as of the July 1, 2012 effective date of the regulation, service providers may subsequently be required to comply with a summary or guide requirement, and therefore, to modify their disclosure documents accordingly. “Covered Service Providers” The regulation applies to “covered service providers” that reasonably expect to receive $1,000 or more in direct or indirect compensation and that provide “covered services.” Brokers will be considered “covered service providers” if either of two situations applies. Those two situations are (1) when a Broker provides brokerage services to an individual account plan (such as a 401(k), profit sharing or ERISA- governed 403(b) plan) that offers at least one designated investment alternative in connection with the brokerage services and (2) when a Broker reasonably expects to receive indirect compensation for providing consulting services (relating to the development or implementation of investment policies or objectives, or the selection or monitoring of service providers or plan investments), or investment brokerage services. “Indirect” compensation is compensation received from any source other than the covered plan, the plan sponsor, the covered service provider, an affiliate, or a subcontractor. Brokers should consult with counsel to determine which situations are subject to the regulation.
Sample 1

Related to The Regulation

  • of the Regulation 4. The National Focal Point shall ensure that the obligations of the Project Promoter under the project contract are valid and enforceable under the applicable law of the Beneficiary State.

  • Compliance with Regulations The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement.

  • RULES & REGULATIONS The Exhibitor must comply with the requirements of all Authorities and where applicable with all rules and regulations issued by the owner of the Venue in force at the time of the Exhibition. The Exhibitor undertakes to comply with the obligations and duties contained or referred to in the Contract including (without limitation) those contained or to be contained in the Exhibitors’ Manual. Exemptions from any of these obligations and duties may be granted at the Organisers’ discretion. No exemption given by the Organisers will be effective unless in writing. The Contract comprises these Terms and Conditions, the Exhibition Space Contract and the Exhibitors’ Manual) except as varied in writing signed by the parties.

  • Compliance with Treasury Regulations The foregoing provisions and other provisions contained herein relating to the maintenance of Book Capital Accounts and Tax Capital Accounts are intended to comply with Treasury Regulations Section 1.704-1(b), and shall be interpreted and applied in a manner consistent with such Treasury Regulations. The Trustees shall make any appropriate modifications in the event unanticipated events might otherwise cause these procedures not to comply with Treasury Regulations Section 1.704-1(b), including the requirements described in Treasury Regulations Section 1.704- 1(b)(2)(ii)(b)(1) and Treasury Regulations Section 1.704-1(b)(2)(iv). Such modifications are hereby incorporated into these procedures by this reference as though fully set forth herein.

  • REGULATION GG Each Fund represents and warrants that it does not engage in an “Internet gambling business,” as such term is defined in Section 233.2(r) of Federal Reserve Regulation GG (12 CFR 233) and covenants that it shall not engage in an Internet gambling business. In accordance with Regulation GG, each Fund is hereby notified that “restricted transactions,” as such term is defined in Section 233.2(y) of Regulation GG, are prohibited in any dealings with the Custodian pursuant to this Agreement or otherwise between or among any party hereto.

  • Exchange Act Compliance; Regulations T, U and X None of the transactions contemplated herein or in the other Transaction Documents (including, without limitation, the use of proceeds from the sale of the Collateral Portfolio) will violate or result in a violation of Section 7 of the Exchange Act, or any regulations issued pursuant thereto, including, without limitation, Regulations T, U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R., Chapter II. The Borrower does not own or intend to carry or purchase, and no proceeds from the Advances will be used to carry or purchase, any “margin stock” within the meaning of Regulation U or to extend “purpose credit” within the meaning of Regulation U.

  • Compliance with Rules and Regulations PFPC undertakes to comply with all applicable requirements of the Securities Laws and any laws, rules and regulations of governmental authorities having jurisdiction with respect to the duties to be performed by PFPC hereunder. Except as specifically set forth herein, PFPC assumes no responsibility for such compliance by the Fund or any other entity.

  • Compliance with Statutes, Regulations, Etc The Borrower will, and will cause each Subsidiary to, comply with all applicable laws, rules, regulations and orders applicable to it or its property, including all governmental approvals or authorizations required to conduct its business, and to maintain all such governmental approvals or authorizations in full force and effect, in each case except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

  • Compliance with Government Regulations The Company covenants that if any share of Common Stock required to be reserved for purposes of exercise or conversion of Warrants require, under any federal or state law or applicable governing rule or regulation of any national securities exchange, registration with or approval of any governmental authority, or listing on any such national securities exchange, before such shares may be issued upon exercise, the Company will use its commercially reasonable efforts to cause such shares to be duly registered, approved or listed on the relevant national securities exchange, as the case may be.

  • Compliance with Regulation M You represent that, at all times since you were invited to participate in the Offering, you have complied with the provisions of Regulation M applicable to the Offering, in each case as interpreted by the Commission and after giving effect to any applicable exemptions. If you have been notified in a Wire that the Underwriters may conduct passive market making in compliance with Rule 103 of Regulation M in connection with the Offering, you represent that, at all times since your receipt of such Wire, you have complied with the provisions of such Rule applicable to such Offering, as interpreted by the Commission and after giving effect to any applicable exemptions. You will comply with any additional provisions of Regulation M if and to the extent set forth in the Invitation Wire or other Wire.

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