Independent Fiduciary definition

Independent Fiduciary means an independent fiduciary who will serve as a fiduciary to the Plan in accordance with Article 3 that has no relationship or interest in any of the Settling Parties and is mutually agreed to by the Settling Parties.

Independent Fiduciary is defined in the preamble.

Independent Fiduciary means Fiduciary Counselors Inc., which has no relationship to any of the Settling Parties and will serve as an independent fiduciary to the Plan to approve and authorize the settlement of Released Claims on behalf of the Plan in accordance with Section 2.1.

Examples of Independent Fiduciary in a sentence

• At least thirty-five (35) calendar days before the Fairness Hearing, the Independent Fiduciary shall have approved and authorized in writing the Settlement and given a release to all of the Released Parties in its capacity as fiduciary of the Plan for and on behalf of the Plan in accordance with PTE 2003-39.

• The Independent Fiduciary, retained by Defendants on behalf of the Plan, shall have the following responsibilities, including determining whether to approve and authorize the settlement of Released Claims on behalf of the Plan.

• The Independent Fiduciary shall comply with all relevant conditions set forth in Prohibited Transaction Class Exemption 2003-39, “Release of Claims and Extensions of Credit in Connection with Litigation,” issued December 31, 2003, by the United States Department of Labor, 68 Fed.

• If Defendants conclude that the Independent Fiduciary’s determination does not comply with PTE 2003-39 or is otherwise deficient, Defendants shall so inform the Independent Fiduciary within ten (10) calendar days of receipt of the determination.

• A copy of the Independent Fiduciary determination letter and report shall be provided to Class Counsel, who may file it with the Court in support of Final approval of the Settlement.

More Definitions of Independent Fiduciary

Independent Fiduciary means the person or persons designated as such in Section 6.8 of the Plan.

Independent Fiduciary means a fiduciary retained pursuant to Section 3.6 and that has no “relationship to” or “interest in” (as those terms are used in the Class Exemption referred to in Section 3.6) any of the Parties.

Independent Fiduciary means the person or entity selected by the Company to serve as an independent fiduciary with respect to the Settlement Agreement for the purpose of rendering the determination described in Section 2.2 herein.

Independent Fiduciary means Evercore Trust Company or another independent fiduciary, who is a fiduciary to the Plans that has no relationship to or interest in any of the Settling Parties and is mutually agreed to by the Settling Parties.

Independent Fiduciary means the person or entity selected by McKinsey to serve as an independent fiduciary to the Plans with respect to the Settlement Agreement for the purpose of rendering the determination described in Article 3 herein.

Independent Fiduciary means a person or entity who is not an employee or officer of the Company or its Affiliates who is appointed by the Company pursuant to Section 12.07 to perform the functions described therein.

Independent Fiduciary means the qualified and experienced independent fiduciary that the Company selects to independently review the Settlement (as defined in Section 1.36) on behalf of the Settlement Classes.