Common use of Payments to Plan Participants and Their Beneficiaries Clause in Contracts

Payments to Plan Participants and Their Beneficiaries. (a) Company shall deliver to Trustee a schedule (the "Payment Schedule") that indicates the amounts payable in respect of each Participant (and his or her beneficiaries), that provides a formula or other instructions acceptable to Trustee for determining the amounts so payable, the form in which such amount is to be paid (as provided for or available under the Plan), and the time of commencement for payment of such amounts. Except as otherwise provided herein, Trustee shall make payments to the Participants and their beneficiaries in accordance with such Payment Schedule. The Trustee shall make provision for the reporting and withholding of any federal, state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been reported, withheld and paid by Company. The Company hereby agrees that the Authorized Party shall have the exclusive responsibility, and the Trustee shall not have any responsibility or duty under this Trust Agreement for determining that the Payment Schedule is in accordance with the terms of the Plan and applicable law, including without limitation, the amount, timing or method of payment and the identity of each person to whom such payments shall be made. The Trustee shall have no responsibility or duty to determine the tax effect of any payment or to see to the application of any payment.

Appears in 1 contract

Samples: Trust Agreement (Guilford Mills Inc)

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Payments to Plan Participants and Their Beneficiaries. (a) Company shall deliver to Trustee annually, prior to a Change in Control, and at least annually after a Change in Control, a schedule (the "Payment Schedule") that indicates the amounts payable in respect of each Participant (and his or her beneficiaries), and that provides a formula or other instructions acceptable to Trustee for determining the amounts so payable, the form in which such amount is to be paid (as provided for or available under the PlanPlans), and the time of commencement for payment of such amounts. Except as otherwise provided herein, Trustee shall make payments to the Participants and their beneficiaries in accordance with such Payment Schedule. The Trustee shall make provision for the reporting and withholding of any federal, state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan Plans and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been reported, withheld and paid by Company or an Affiliate, it being understood among the parties hereto that Company. The Company hereby agrees that , on behalf of itself and Affiliates, (i) shall on a timely basis provide Trustee with specific information as to the Authorized Party shall have the exclusive responsibility, amount of taxes to be withheld and the Trustee shall not have any responsibility or duty under this Trust Agreement for determining that the Payment Schedule is in accordance with the terms of the Plan and applicable law, including without limitation, the amount, timing or method of payment and the identity of each person to whom such payments (ii) shall be made. The obligated to make provisions to receive such withheld taxes from Trustee shall have no responsibility or duty to determine the tax effect of any payment or to see and properly pay and report such amounts to the application of any paymentappropriate taxing authorities.

Appears in 1 contract

Samples: Trust Agreement (Vlasic Foods International Inc)

Payments to Plan Participants and Their Beneficiaries. (a) Company The administrator (the "Administrator") appointed for purposes of the Plan and this Trust by the Committee (as defined in the Plan) shall deliver to Trustee a schedule (the "Payment Election Schedule") that indicates the amounts payable in respect of deferral elections attributable to each Participant Plan participant (and his or her beneficiaries), and that further provides a formula or other instructions acceptable to Trustee for determining the amounts so payablepayable to each Plan participant, the form in which such amount is amounts are to be paid (as provided for or available under the Plan), and the time of commencement for payment of such amounts. Except as otherwise provided herein, Trustee shall make payments to the Participants Plan participants and their beneficiaries in accordance with such Payment Election Schedule. The Trustee shall make provision for the reporting and withholding of any federal, state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been reported, withheld and paid by Company. The Trustee may delegate to Company hereby agrees that the Authorized Party shall have responsibility for the exclusive responsibility, reporting and the Trustee shall not have any responsibility or duty under this Trust Agreement for determining that the Payment Schedule is in accordance with the terms of the Plan and applicable law, including without limitation, the amount, timing or method of payment and the identity of each person to whom such payments shall be made. The Trustee shall have no responsibility or duty to determine the tax effect of any payment or to see to the application of any paymentwithholding as described above.

Appears in 1 contract

Samples: Avery Dennison Corporation

Payments to Plan Participants and Their Beneficiaries. 2.1 The Company shall designate an Administrative Committee (a“Committee”) Company in accordance with the Plan and the Committee shall deliver to the Trustee a schedule (the "Payment Schedule") that indicates the amounts payable in respect of each Participant Plan participant (and his or her beneficiaries), that provides a formula or other instructions acceptable to the Trustee for determining the amounts so payable, the form in which such amount is to be paid (as provided for or available under the Plan), and the time of commencement for payment of such amounts. Except as otherwise provided herein, the Trustee shall make payments to the Participants Plan participants and their beneficiaries in accordance with such Payment Schedule. The Trustee shall make provision for the reporting and withholding of any federal, state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been reported, withheld and paid by the Company. The Company hereby agrees that shall provide the Authorized Party shall have the exclusive responsibility, Trustee with all information necessary to make such tax withholding provisions and the Trustee shall not have be entitled to rely on such information. The Company shall be responsible for the remittance to the appropriate tax authorities of its share of any responsibility applicable employment taxes, as distinguished from those employment taxes required to be withheld from the benefits due Plan participants and their beneficiaries. The entitlement of a Plan participant or duty his or her beneficiaries to benefits under this Trust Agreement for determining that the Payment Schedule is in accordance with the terms of the Plan and applicable law, including without limitation, the amount, timing or method of payment and the identity of each person to whom such payments shall be made. The Trustee determined by the Committee and any claim for such benefits shall have no responsibility or duty to determine be considered and reviewed by the tax effect of any payment or to see to Committee under the application of any paymentprocedures set out in the Plan.

Appears in 1 contract

Samples: Compensation Plan Trust Agreement (Innotrac Corp)

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Payments to Plan Participants and Their Beneficiaries. 2.1 The Company shall designate an Administrative Committee (a"Committee") Company in accordance with the Plan and the Committee shall deliver to the Trustee a schedule ("the "Payment Schedule") that indicates the amounts payable in respect of each Participant Plan participant (and his or her beneficiaries), that provides a formula or other instructions acceptable to the Trustee for determining the amounts so payable, the form in which such amount is to be paid (as provided for or available under the Plan), and the time of commencement for payment of such amounts. Except as otherwise provided herein, the Trustee shall make payments to the Participants Plan participants and their beneficiaries in accordance with such Payment Schedule. The Trustee shall make provision for the reporting and withholding of any federal, state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been reported, withheld and paid by the Company. The Company hereby agrees that shall provide the Authorized Party shall have the exclusive responsibility, Trustee with all information necessary to make such tax withholding provisions and the Trustee shall not have any responsibility or duty under this Trust Agreement for determining that the Payment Schedule is in accordance with the terms of the Plan and applicable law, including without limitation, the amount, timing or method of payment and the identity of each person be entitled to whom rely on such payments information. The Company shall be made. The Trustee shall have no responsibility or duty responsible for the remittance to determine the appropriate tax effect authorities of its share of any payment or applicable employment taxes, as distinguished from those employment taxes required to see to be withheld from the application of any paymentbenefits due Plan participants and their beneficiaries.

Appears in 1 contract

Samples: Trust Agreement (New England Business Service Inc)

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