Written Instruction Clause Samples

Written Instruction. Any direction of the Employer or the Named Fiduciary pursuant to any provisions of this Agreement shall be set forth in writing from the Employer or the Named Fiduciary to the Trustee and the Trustee shall be fully protected in relying upon such written direction of the Employer or Named Fiduciary. For purposes of this Section 8.4, written instructions shall include the electronic or telephonic transmission of information or data as mutually agreed upon by the Trustee and the Employer. The Trustee shall be fully protected in relying upon any communication that the Trustee reasonably believes to have been given by the Employer or the Named Fiduciary or their duly authorized representatives, or any individual having apparent authority as such. The Trustee shall receive all directions or instructions in writing provided that the Trustee may accept oral directions for purchases or sales from the Named Fiduciary via telephone or other electronic procedures as agreed to between the Employer and the recordkeeper for the Plan.

Written Instruction. Any direction or instruction of the Plan Sponsor, the Administrator or the Investment Fiduciary pursuant to any provisions of this Trust shall be set forth in writing or by electronic or telephonic transmission as mutually agreed between the Trustee and the Plan Sponsor. The Trustee also may accept oral directions for purchases or sales from the Investment Fiduciary and Participants via telephone or other electronic procedures as agreed to between the Plan Sponsor and the recordkeeper for the Plan.

Written Instruction. Notwithstanding anything to the contrary contained in this Agreement, none of the Agents shall be obliged to act or refrain from acting in accordance with any instruction, direction or request delivered to it by the Issuer, as the case may be, unless such instruction, direction or request is delivered in writing.

Written Instruction. Any action of the Employer pursuant to any provisions of this Trust Agreement shall be in writing, from the Employer, and the Trustee shall be fully protected in relying upon such written notification as actions of the Employer. Written instructions shall include the electronic transmission of information or data as mutually agreed upon by the Trustee and the Employer. If written instructions are not received by the Trustee, or if such instructions are received but are deemed by the Trustee to be unclear, the Trustee may elect to hold all or part of any such contribution in cash, without liability for rising security prices or distributions made, pending prompt request for and receipt by it from the Employer of written instructions or other clarification. If any contributions received by the Trustee from the Employer are less than any minimum which a directed investment requires, the Trustee may hold the specified portion of such contributions in cash, without interest, until such time as the proper amount has been contributed so that the directed investment may be made. In such event, the Trustee shall provide prompt notice. The Trustee shall receive all directions or instructions in writing provided that the Trustee may accept oral directions for purchases or sales from the Employer or Participant with subsequent written confirmation.

Written Instruction. All instructions required under this Agreement will be delivered to Escrow Agent (with a copy to the Trustee or the Depositor and ACCO, as applicable) in writing, in either original or facsimile form, executed by an Authorized Representative (as hereinafter defined) of the Depositor or the Trustee. The identity of such Authorized Representatives, as well as their specimen signatures, will be delivered to Escrow Agent in an Incumbency Certificate in the form of Exhibit A and will remain in effect until the Depositor or the Trustee, as applicable, notify Escrow Agent of any change (“Authorized Representatives”). In its capacity as Escrow Agent, Escrow Agent will accept all instructions and documents complying with the above under the indemnities provided in this Agreement, and reserves the right to refuse to accept any instructions or documents which fail, or appear to fail, to comply. Further to this procedure, Escrow Agent reserves the right to telephone an Authorized Representative to confirm the details of such instructions or documents if they are not already on file with us as standing instructions. Escrow Agent, Depositor, ACCO and Trustee agree that the above constitutes a commercially reasonable security procedure.