After conducting the request for proposal for recordkeeping services, the independent investment consultant shall provide a recommendation to the Plan’s fiduciaries regarding whether the Plan should use a single recordkeeper or more than one recordkeeper. Upon receipt of the recommendation regarding the Plan’s recordkeeping arrangement, the Plan’s fiduciaries may decide to keep one or more of its current recordkeepers or retain a new recordkeeper based on whatever factors, including cost, value, available services, and quality of services, that the Plan’s fiduciaries deem reasonable and appropriate under the circumstances. To the extent the Plan’s fiduciaries decide not to follow a recommendation, the Plan’s fiduciaries shall, within thirty (30) days, document the reasons for that decision and provide those reasons in writing to Class Counsel along with the consultant’s written report(s), if any, or other documentation reflecting the consultant’s recommendation and basis for such recommendation.
After conducting the request for proposal for recordkeeping services, the Plan may decide to keep its current recordkeeper or retain a new recordkeeper based on whatever factors, including cost, value, available services, and quality of services, that the Plan fiduciaries deem appropriate under the circumstances. Fees paid to the recordkeeper for basic recordkeeping services will not be determined based on a percentage-of-plan-assets basis.
After conducting a review under paragraphs (a) or (b), the Bank may by notice in writing to the Borrower, to be effective 30 days after the date of that notice, change any of the conditions applying to the Switch Facility including, but not limited to, the Issuance Fee or the Margin. (d) The Borrower may during the 30 day period referred to in paragraph (c) by notice to the Bank terminate the Switch Facility. Any such termination will be irrevocable and must be accompanied by a payment of the whole of the Principal Amount Outstanding together with all outstanding costs charges fees and expenses due by the Borrower under this document. If the Borrower terminates the Switch Facility under this clause:
After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
After conducting a reasonable inquiry for purposes of this representation, the Lessor represents that it does, does not USE covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Lessor must provide the additional disclosure information required at paragraph (e) if the Lessor indicates “does”.
