Common use of Action by Employer Clause in Contracts

Action by Employer. Any action by an Employer which is a corporation shall be taken by the board of directors of the corporation or any person or persons duly empowered to exercise the powers of the corporation with respect to the Plan. In the case of an Employer which is a partnership, action shall be taken by any general partner of the partnership, and in the case of an Employer which is a sole proprietorship, action shall be taken by the sole proprietor.

Appears in 7 contracts

Samples: Prototype Defined Contribution Plan Adoption Agreement (Media 100 Inc), 401(k) Plan Adoption Agreement (Sterling Financial Corp /Wa/), Prototype Defined Contribution Plan Adoption Agreement (MSC Industrial Direct Co Inc)

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Action by Employer. Any action by an Employer which that is a corporation shall be taken by the board of directors of the corporation or any person or persons duly empowered to exercise the powers of the corporation with respect to the Plan. In the case of an Employer which that is a partnershippartnership or any other legal entity, action shall be taken by any general partner of the partnershippartnership or governing person respectively, and in the case of an Employer which is a sole proprietorship, action shall be taken by the sole proprietor.

Appears in 3 contracts

Samples: Defined Contribution Plan and Trust (Comstock Resources Inc), Defined Contribution Plan and Trust (Triad Guaranty Inc), 401(k) Profit Sharing Plan Adoption Agreement (Atlas America Inc)

Action by Employer. Any action by an Employer which is a corporation shall be taken by the board of directors of the corporation or any person or persons duly empowered to exercise the powers of the corporation with respect to the Plan. In the case of an Employer which is a partnership, action shall be taken by any general partner of the partnership, and in the case of an Employer which is a sole proprietorship, action shall be taken by the sole proprietor.

Appears in 1 contract

Samples: Defined Contribution Plan (White Mountains Insurance Group Inc)

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Action by Employer. Any action by an Employer which is a corporation shall be taken by the board of directors of the corporation or any person or persons duly empowered to exercise the powers of the corporation with respect to the Plan. In the case of an Employer which is a partnership, action shall be taken by any general partner of the partnership, and in the case of an Employer which is a sole proprietorship, action shall be taken by the sole proprietor.

Appears in 1 contract

Samples: 401(k) Plan Adoption Agreement (Gadzooks Inc)

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