Determination by Board. Any individual who is designated as an Eligible Director by resolution of the ¨ Plan Sponsor’s ¨ Corporation’s Board of Directors. A copy of the resolution shall be attached to and incorporated by reference into the Plan.
Determination by Board. Any individual who is designated as an Eligible Employee by resolution of the x Plan Sponsor’s o Employer’s Board. A copy of the resolution shall be attached to and incorporated by reference into the Plan. o(2)
Determination by Board. The Board shall determine the amount of capital contribution to be made by any Member, and where the form of the consideration is other than cash, the Board shall, in good faith, determine the value of said consideration.
Determination by Board. The Board shall, in its sole discretion, determine whether the Annual Objectives have been met or exceeded.
Determination by Board. The Trust's Board will monitor the Trust for the existence of any material irreconcilable conflict between and among the interests of the Variable Contract owners and the owners of variable contacts of all Participating Companies and of Qualified Plan Participants and Qualified Plans investing in the Trust, and determine what action, if any, should be taken in response to such conflicts. An irreconcilable material conflict may arise for a variety of reasons, which may include: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling or any similar action by insurance, tax or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of the Trust are being managed; (e) a difference in voting instructions given by variable annuity and variable life insurance contract owners; (f) a decision by the Company or a Participating Insurance Company to disregard the voting instructions of Variable Contract owners and (g) if applicable, a decision by a Qualified Plan to disregard the voting instructions of plan participants. The Board's determination of the existence of an irreconcilable material conflict and its implications shall be made known promptly and in writing to the Company.
Determination by Board. Whenever any existing or former director or officer shall report to the President that he or she has incurred or may incur expenses described in Section 7.1, the Board of Directors (excluding any interested director) shall, at its next regular meeting or at a special meeting held within a reasonable time thereafter, determine whether, in regard to the matter involved, the person in question is entitled to indemnification pursuant to Section 7.1. If the Board determines that the standards of Section 7.1 are met, indemnification shall be made. If the Board of Directors refuses to indemnify a person who is determined by a court of competent jurisdiction to be entitled to indemnification under Section 7.1 or applicable law, the Corporation shall, in addition to extending such indemnification, reimburse the person entitled to indemnification for all attorneys’ fees and costs of court actually incurred. The Corporation shall have the right to refuse indemnification in any instance in which the person to whom indemnification would otherwise have been extended unreasonably refuses to cooperate in the investigation or defense of such matter or to permit the Corporation, at its own expense, to retain counsel of its own choosing to defend him or her.
Determination by Board. The board of trustees is authorized to hear and determine all matters regarding:
Determination by Board. Any individual who is designated as an Eligible Director by resolution of the ☐ Plan Sponsor’s ☐ Corporation’s Board. A copy of the resolution shall be attached to and incorporated by reference into the Plan. (c) Plan Year Paragraph 1.24 In the case of a Restated Plan, which prior to the Effective Date of this Restatement was maintained on the basis of a Plan Year beginning on a date other than January 1, the Plan Year shall begin on , and end on , , with the short Plan Year beginning on , _ and ending on December 31, . Thereafter, the Plan Year shall be the 12-month period beginning each January 1.
Determination by Board. All adjustments described in this Section 4 shall be made by the Board, whose determination shall be conclusive and binding on the Optionee.
Determination by Board. On the basis of information known to the Company, the Board shall make all determinations under this Section 4, including whether a transaction involves a sale of substantially all the Company's assets; and all such determinations shall be conclusive and binding on the Company and all other persons.
