Common use of DELEGATION OF AMENDMENT POWER Clause in Contracts

DELEGATION OF AMENDMENT POWER. The Employer and all sponsoring organizations of the Xxxxxx Basic Plan Document delegate to Xxxxxx Mutual Funds Corp., the power to amend the Plan (including the power to amend this Section 18.2 to name a successor to which such power of amendment shall be delegated), for the purpose of adopting amendments which are certified to Xxxxxx Mutual Funds Corp., by counsel satisfactory to it, as necessary or appropriate under applicable law, including any regulation or ruling issued by the United States Treasury Department or any other federal or state department or agency; provided that Xxxxxx Mutual Funds Corp., or such successor may amend the Plan only if it has mailed a copy of the proposed amendment to the Employer at its last known address as shown on its books by the date on which it delivers a written instrument providing for such amendment, and only if the same amendment is made on said date to all plans in this form as to which Xxxxxx Mutual Funds Corp., or such successor has a similar power of amendment. If a sponsoring organization does not adopt any amendment made by Xxxxxx Mutual Funds Corp., such sponsoring organization shall cease to participate in this prototype Plan and will be considered to have an individually designed plan. If, upon the submission of this Xxxxxx Basic Plan Document #07 to the Internal Revenue Service for a determination letter, the Internal Revenue Service determines that changes are required to the Basic Plan Document but not to the form of Plan Agreement, Xxxxxx shall furnish a copy of the revised Basic Plan Document to the Employer and the Employer will not be required to execute a revised Plan Agreement.

Appears in 1 contract

Samples: Earthlink Inc

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DELEGATION OF AMENDMENT POWER. The Employer and all sponsoring organizations of the Xxxxxx Basic Putnxx Xxxic Plan Document delegate to Xxxxxx Mutual Putnxx Xxxual Funds Corp., the power to amend the Plan (including the power to amend this Section 18.2 to name a successor to which such power of amendment shall be delegated), for the purpose of adopting amendments which are certified to Xxxxxx Mutual Putnxx Xxxual Funds Corp., by counsel satisfactory to it, as necessary or appropriate under applicable law, including any regulation or ruling issued by the United States Treasury Department or any other federal or state department or agency; provided that Xxxxxx Mutual Putnxx Xxxual Funds Corp., or such successor may amend the Plan only if it has mailed a copy of the proposed amendment to the Employer at its last known address as shown on its books by the date on which it delivers a written instrument providing for such amendment, and only if the same amendment is made on said date to all plans in this form as to which Xxxxxx Mutual Putnxx Xxxual Funds Corp., or such successor has a similar power of amendment. If a sponsoring organization does not adopt any amendment made by Xxxxxx Mutual Putnxx Xxxual Funds Corp., such sponsoring organization shall cease to participate in this prototype Plan and will be considered to have an individually designed plan. If, upon the submission of this Xxxxxx Basic Putnxx Xxxic Plan Document #07 to the Internal Revenue Service for a determination letter, the Internal Revenue Service determines that changes are required to the Basic Plan Document but not to the form of Plan Agreement, Xxxxxx shall Putnxx xxxll furnish a copy of the revised Basic Plan Document to the Employer and the Employer will not be required to execute a revised Plan Agreement.. -96- 156

Appears in 1 contract

Samples: Plan Agreement (Conley Canitano & Associates Inc)

DELEGATION OF AMENDMENT POWER. The Employer and all sponsoring organizations of the Xxxxxx Basic Putnxx Xxxic Plan Document delegate to Xxxxxx Mutual Putnxx Xxxual Funds Corp., the power to amend the Plan (including the power to amend this Section 18.2 to name a successor to which such power of amendment shall be delegated), for the purpose of adopting amendments which are certified to Xxxxxx Mutual Putnxx Xxxual Funds Corp., by counsel satisfactory to it, as necessary or appropriate under applicable law, including any regulation or ruling issued by the United States Treasury Department or any other federal or state department or agency; provided that Xxxxxx Mutual Putnxx Xxxual Funds Corp., or such successor may amend the Plan only if it has mailed a copy of the proposed amendment to the Employer at its last known address as shown on its books by the date on which it delivers a written instrument providing for such amendment, and only if the same amendment is made on said date to all plans in this form as to which Xxxxxx Mutual Putnxx Xxxual Funds Corp., or such successor has a similar power of amendment. If a sponsoring organization does not adopt any amendment made by Xxxxxx Mutual Putnxx Xxxual Funds Corp., such sponsoring organization shall cease to participate in this prototype Plan and will be considered to have an individually designed plan. If, upon the submission of this Xxxxxx Basic Putnxx Xxxic Plan Document #07 to the Internal Revenue Service for a determination letter, the Internal Revenue Service determines that changes are required to the Basic Plan Document but not to the form of Plan Agreement, Xxxxxx shall Putnxx xxxll furnish a copy of the revised Basic Plan Document to the Employer and the Employer will not be required to execute a revised Plan Agreement.

Appears in 1 contract

Samples: Plan Agreement (American Science & Engineering Inc)

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DELEGATION OF AMENDMENT POWER. The Employer and all sponsoring organizations of the Xxxxxx Putnam Basic Plan Document delegate to Xxxxxx Putnam Mutual Funds Corp., the power xxxxx to amend the Plan (including the power xxxxx to amend this Section 18.2 to name a successor to which such power of amendment shall be delegated), for the purpose of adopting amendments which are certified to Xxxxxx Putnam Mutual Funds Corp., by counsel satisfactory to it, as necessary or appropriate xx xxpropriate under applicable law, including any regulation or ruling issued by the United States Treasury Department or any other federal or state department or agency; provided that Xxxxxx Putnam Mutual Funds Corp., or such successor may amend the Plan only if it has ix xx xas mailed a copy of the proposed amendment to the Employer at its last known address as shown on its books by the date on which it delivers a written instrument providing for such amendment, and only if the same amendment is made on said date to all plans in this form as to which Xxxxxx Putnam Mutual Funds Corp., or such successor has a similar power of amendmentamxxxxxxt. If a sponsoring organization does not adopt any amendment made by Xxxxxx Putnam Mutual Funds Corp., such sponsoring organization shall cease to participate xxxxxcipate in this prototype Plan and will be considered to have an individually designed plan. If, upon the submission of this Xxxxxx Putnam Basic Plan Document #07 to the Internal Revenue Service for a determination dxxxxxxnation letter, the Internal Revenue Service determines that changes are required to the Basic Plan Document but not to the form of Plan Agreement, Xxxxxx Putnam shall furnish finish a copy of the revised Basic Plan Document to the Employer Exxxxxxr and the Employer will not be required to execute a revised Plan Agreement.

Appears in 1 contract

Samples: Ico Inc

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