AMENDMENT BY COMPANY Sample Clauses
AMENDMENT BY COMPANY. The Company shall have the right at any time and from time to time to amend this Plan in any manner it deems necessary or advisable, including, but not limited to, amendments necessary in order to qualify (or maintain qualification of) this Plan and the Trust created under it under the appropriate provisions of the P.R. Code. Notwithstanding anything else to the contrary herein, no amendment shall authorize or permit any of the Trust Fund (other than the part required to pay taxes and administration expenses) to be used for or diverted to purposes other than for the exclusive benefit of the Participants or their Beneficiaries or estates. No amendment shall cause or permit any portion of the Trust Fund to revert to or become the property of the Employer. No amendment shall (a) decrease a Participant's Account Balance or (b) eliminate an optional form of benefit to which the Participant is entitled as a result of service prior to the amendment except as permitted under Section 1165 of the P.R. Code and the regulations and rulings thereunder. Notwithstanding anything herein to the contrary, if the vesting schedule is amended, a Participant who has completed three one-year Periods of Service as of the expiration of the election period described below may elect to be subject to the vesting schedule in effect prior to the change in the vesting schedule. Such election must be made during the period which begins on the date on which the amendment changing the vesting schedule is adopted and which ends on the latest of the following dates:
(a) the date which is 60 days after the date on which the Plan amendment is adopted;
(b) the date which is 60 days after the date on which the Plan amendment becomes effective;
(c) the date which is 60 days after the date the Participant is issued written notice of the Plan amendment by the Company; or
(d) such later date as may be specified by the Company. The election provided for in this Section shall be made in writing and shall be irrevocable when made.
AMENDMENT BY COMPANY. The COMPANY shall have no right to cancel or amend any Entry after its receipt by BANK. However, the BANK shall use reasonable efforts to act on a request by the COMPANY for cancellation of an Entry prior to transmitting it to the ACH Operator and prior to crediting a Receiver’s account, but shall have no liability if such cancellation is not effected. The COMPANY shall reimburse the BANK for any expenses, losses or damages the BANK may in incur in effecting or attempting to affect the COMPANY’S request for the reversal of an Entry.
AMENDMENT BY COMPANY. The Company may amend the Plan at any time and from time to time, retroactively or otherwise, but no amendment shall reduce any benefit that has accrued on the effective date of the amendment.
AMENDMENT BY COMPANY. The Company (acting on behalf of each of the Obligors) may agree any amendment to or modification to the provisions of any of the Finance Documents or any schedule thereto, or grant any waiver or consent in relation thereto and each Obligor hereby authorises the Company to agree any such amendment, modification, waiver or consent on its behalf. The Company shall be released from the restrictions set out in Section 181 of the German Civil Code. Nothing in this Clause 38.3 shall prejudice the right of the Agent to require all Obligors to agree any such amendment, modification, waiver or consent.
AMENDMENT BY COMPANY. The Employee, Employer and the Custodian delegate to the Company the power to amend the Agreement, including retroactive amendment. The Company shall provide written notice to the Custodian and Employees of any amendment.
AMENDMENT BY COMPANY. 63 13.03 Discontinuance ............................................... 64 13.04
AMENDMENT BY COMPANY. The Company has the right at any time and from time to time:
(a) to amend this Agreement in any manner it deems necessary or advisable in order to qualify (or maintain qualification of) this Plan and the Trust created under it under the appropriate provisions of the Code (S) 401(a); and
(b) to amend this Agreement in any other manner. No amendment may authorize or permit any of the Trust Fund (other than the part which is required to pay taxes and administrative expenses) to be used or diverted to purposes other than for the exclusive benefit of the Participants or their Beneficiaries or estates. No amendment may cause or permit any portion of the Trust Fund to revert to or become a property of the Company. The Company also may not make any amendment which affects the rights, duties or responsibilities of the Trustee or the Plan Administrator without the written consent of the affected Trustee, the Plan Administrator or the affected member of the Advisory Committee.
AMENDMENT BY COMPANY. The Company has the right at any time and from time to time to amend this Agreement in any manner it deems necessary or advisable. Except as permitted under Treasury regulations, the Code or ERISA, however, including but not limited to Treas. Reg. Section l.401(a)-2(b) or Code Section 4980(d)(2)(B), no amendment may authorize or permit any of the Trust Fund (other than the part which is required to pay taxes and administration expenses) to be used for or diverted to purposes other than for the 70
AMENDMENT BY COMPANY. This trust may not be amended by the company, except with the advance written consent of the trustee. Except as provided in paragraph V-7, under no condition shall an amendment result in the return or repayment to an employer of any part of the trust fund or the income from it or result in the distribution of the trust fund for the benefit of anyone other than persons entitled to benefits under the plan.
AMENDMENT BY COMPANY. The Company has the right, at any time and from time to time:
A. To amend the elective provisions of the Adoption Agreement.
B. To amend the Plan by the addition of overriding plan language in the Adoption Agreement, where such language is necessary to satisfy Code Sections 415 or 416 because of the required aggregation of multiple plans under those sections.
C. To amend the administrative provisions of the Plan, so long as the amended provisions are not in conflict with any other provision of the Plan and do not cause the Plan to fail to qualify under Code Section 401(a).
D. To add certain model amendments published by the Internal Revenue Service which specifically provide that their adoption will not cause the Plan to be treated as individually designed. The Company may amend the Plan in any other manner; provided, however, that if the Company amends the Plan for any reason other than those listed above, including an amendment to take into account a waiver of the minimum funding requirement under Code Section 412(d), the Company shall be considered to have an individually designed plan. The Company may not amend the Plan in any manner which would decrease a Participant's Accrued Benefit, except to the extent permitted pursuant to Code Section 412(c)(8), and may not reduce or eliminate any Code Section 411(d)(6) protected benefit determined immediately prior to the effective date of the amendment. Any such amendment shall not require the consent of the Participants or the Trustee or any other Fiduciary, except that any amendments affecting the rights, duties or responsibilities of the Trustee hereunder shall only be effective if consented to in writing by the Trustee. To the extent permitted by law, if an amendment to the Plan results in the Plan not being qualified under Code Section 401(a), all contributions with respect to which it is determined that the Plan is not qualified may be returned to the Company by the Trustee within one year after the denial of qualification of the Plan at the direction of the Plan Administrator. Any such amendment of the Plan shall be evidenced by an instrument executed by Company, a copy of which amendment shall be delivered to the Trustee, and, if required pursuant to the provisions of Section 15.1 hereof, executed by the Trustee.