Common use of Directions from Named Fiduciary Clause in Contracts

Directions from Named Fiduciary. Whenever the Named Fiduciary or Sponsor provides a direction to the Trustee, the Trustee shall not be liable for any loss or expense arising from the direction (i) if the direction is contained in a writing provided by any individual whose name has been submitted (and not withdrawn) in writing to the Trustee by the Named Fiduciary, unless it is clear on the direction’s face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA or would be contrary to the terms of this Agreement, the Plan, or section 403(a)(1) of ERISA. Except as per section 403(a)(1) of ERISA, the Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such direction may also be made via EDT, facsimile, or such other secure electronic means in accordance with procedures agreed to by the Named Fiduciary and the Trustee and, in any such case, the Trustee shall be fully protected in relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 2 contracts

Samples: Trust Agreement (Zions Bancorporation, National Association /Ut/), Trust Agreement (Zions Bancorporation /Ut/)

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Directions from Named Fiduciary. Whenever the Named Fiduciary or ------------------------------- Sponsor provides a direction to the Trustee, the Trustee shall not be liable for any loss or expense arising from the direction (i) if the direction is contained in a writing provided (or is oral and immediately confirmed in a writing) signed by any individual whose name has and signature have been submitted (and not withdrawn) in writing to the Trustee by the Named FiduciaryFiduciary in the form attached hereto as Schedule "E" and (ii) if the Trustee reasonably believes the signature of the individual to be genuine, unless it is clear on the direction’s 's face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA or would be contrary to the terms of this Agreement, the Plan, or section 403(a)(1) of ERISA. Except as per section 403(a)(1) of ERISA, the Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such Such direction may also be made via EDT, facsimile, EDT or such other secure electronic means in accordance with procedures agreed to by the Named Fiduciary and the Trustee andTrustee; provided, in any such casehowever, that the Trustee shall be fully protected in relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 2 contracts

Samples: Trust Agreement (FMC Corp), Trust Agreement (FMC Technologies Inc)

Directions from Named Fiduciary. Whenever the Named Fiduciary or Sponsor provides a direction to the Trustee, the Trustee shall not be liable for any loss loss, or expense by reason of any breach, arising from the direction (i) if the direction is contained in a writing provided (or is oral and immediately confirmed in a writing) signed by any individual whose name has and signature have been submitted (and not withdrawn) in writing to the Trustee by the Named FiduciaryFiduciary in the form attached hereto as Schedule "E" and (ii) if the Trustee reasonably believes the signature of the individual to be genuine, unless it is clear on the direction’s 's face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA or would be contrary to the terms of this Agreement, the Plan, or section 403(a)(1) of ERISA. Except as per section 403(a)(1) of ERISA, the Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such Such direction may also be made via EDT, facsimile, or such other secure electronic means EDT in accordance with procedures agreed to by the Named Fiduciary and the Trustee andTrustee; provided, in any such casehowever, that the Trustee shall be fully protected in relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 2 contracts

Samples: Trust Agreement (California Microwave Inc), Master Trust Agreement (Belo a H Corp)

Directions from Named Fiduciary. Whenever the Named Fiduciary or Sponsor provides a direction to the Trustee, the Trustee shall not be liable for any loss loss, or expense by reason of any breach, arising from the direction (i) if the direction is contained in a writing provided (or is oral and immediately confirmed in a writing) signed by any individual whose name has and signature have been submitted (and not withdrawn) in writing to the Trustee by the Named FiduciaryFiduciary in the form attached hereto as Schedule "E" and (ii) if the Trustee reasonably believes the signature of the individual to be genuine, unless it is clear on the direction’s 's face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA or would be contrary to the terms of this Agreement, the Plan, or section 403(a)(1) of ERISA. Except as per section 403(a)(1) of ERISA, the Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such Such direction may also be made via EDT, facsimile, or such other secure electronic means EDT in accordance with procedures agreed to by the Named Fiduciary and the Trustee andTrustee; provided, in any such casehowever, that the Trustee shall be fully protected in relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 2 contracts

Samples: Trust Agreement (Polaris Industries Inc/Mn), Trust Agreement (Burr Brown Corp)

Directions from Named Fiduciary. Whenever the Named Fiduciary or Sponsor provides a direction to the Trustee, the Trustee shall not be liable for any loss or expense arising from the direction (i) if the direction is contained in a writing provided by any individual whose name has been submitted (and not withdrawn) in writing to the Trustee by the Named Fiduciary, unless it is clear on the direction’s face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA or would be contrary to the terms of this Agreement, the Plan, or section 403(a)(1) of ERISA. Except as per section 403(a)(1) of ERISA, the The Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such direction may also be made via EDT, facsimile, or such other secure electronic means in accordance with procedures agreed to by the Named Fiduciary and the Trustee and, in any such case, the Trustee shall be fully protected in relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 1 contract

Samples: Trust Agreement (Entegris Inc)

Directions from Named Fiduciary. Whenever the Named Fiduciary or Sponsor provides a direction to the Trustee, the Trustee shall not be liable for any loss or expense arising from the direction (i) if the direction is contained in a writing provided (or is oral and immediately confirmed in a writing) signed by any individual whose name has and signature have been submitted (and not withdrawn) in writing to the Trustee by the Named FiduciaryFiduciary in the form attached hereto as Schedule "E" and (ii) if the Trustee reasonably believes the signature of the individual to be genuine, unless it is clear on the direction’s 's face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA or would be contrary to the terms of this Agreement, the Plan, or section 403(a)(1) of ERISA. Except as per section 403(a)(1) of ERISA, the Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such Such direction may also be made via EDT, facsimile, EDT or such other secure electronic means in accordance with procedures agreed to by the Named Fiduciary and the Trustee andTrustee; provided, in any such casehowever, that the Trustee shall be fully protected in relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 1 contract

Samples: Trust Agreement (Omnicom Group Inc)

Directions from Named Fiduciary. Whenever the Named Fiduciary or Sponsor provides a direction to the Trustee, the Trustee shall not be liable for any loss or expense arising from the direction (i) if the direction is contained in a writing provided (or is oral and immediately confirmed in a writing) signed by any individual whose name has and signature have been submitted (and not withdrawn) in writing to the Trustee by the Named FiduciaryFiduciary in the form attached hereto as Schedule "E" and (ii) if the Trustee reasonably believes the signature of the individual to be genuine, unless it is reasonably clear on the direction’s 's face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA or would be contrary to inconsistent with the terms of this Agreement, the Plan, or section 403(a)(1) of ERISA. Except as per section 403(a)(1) of ERISA, the Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such Such direction may also be made via EDT, facsimile, EDT or such other secure electronic means in accordance with procedures agreed to by the Named Fiduciary and the Trustee andTrustee; provided, in any such casehowever, that the Trustee shall be fully protected in reasonably relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 1 contract

Samples: Trust Agreement (Sybase Inc)

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Directions from Named Fiduciary. Whenever the Named Fiduciary or Sponsor provides a direction to the Trustee, the Trustee shall not be liable for any loss or expense arising from the direction (i) if the direction is contained in a writing provided (or is oral and immediately confirmed in a writing) signed by any individual whose name has and signature have been submitted (and not withdrawn) in writing to the Trustee by the Named FiduciaryFiduciary in the form attached hereto as Schedule “E” and (ii) if the Trustee reasonably believes the signature of the individual to be genuine, unless it is clear on the direction’s face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA ERISA, or other applicable law, or would be contrary to the terms of this Agreement, the Plan, or section 403(a)(1) of ERISA. Except as per section 403(a)(1) of ERISA, the Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such Such direction may also be made via EDT, facsimile, EDT or such other secure electronic means in accordance with procedures agreed to by the Named Fiduciary and the Trustee andTrustee; provided, in any such casehowever, that the Trustee shall be fully protected in relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 1 contract

Samples: Trust Agreement (Progressive Corp/Oh/)

Directions from Named Fiduciary. Whenever the Named Fiduciary or Sponsor provides a direction to the Trustee, the Trustee shall not be liable for any loss or expense arising from the direction (i) if the direction is contained in a writing provided (or is oral and immediately confirmed in a writing) signed by any individual whose name has and signature have been submitted (and not withdrawn) in writing to the Trustee by the Named FiduciaryFiduciary in the form attached hereto as Schedule “E” and (ii) if the Trustee reasonably believes the signature of the individual to be genuine, unless it is clear on the direction’s face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA or would be contrary to the terms of this Agreement, the Plan, or section 403(a)(1) of ERISA. Except as per section 403(a)(1) of ERISA, the Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such Such direction may also be made via EDT, facsimile, EDT or such other secure electronic means in accordance with procedures agreed to by the Named Fiduciary and the Trustee andTrustee; provided, in any such casehowever, that the Trustee shall be fully protected in relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 1 contract

Samples: Trust Agreement (Tech Data Corp)

Directions from Named Fiduciary. Whenever the Named Fiduciary or Sponsor provides a direction to the Trustee, the Trustee shall not be liable for any loss or expense arising from the direction (i) if the direction is contained in a writing provided (or is oral and immediately confirmed in a writing) signed by any individual whose name has and signature have been submitted (and not withdrawn) in writing to the Trustee by the Named FiduciaryFiduciary in the form attached hereto as Schedule "E" and (ii) if the Trustee reasonably believes the signature of the individual to be genuine, unless it is clear on the direction’s 's face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA or would be contrary to the terms of this Agreement, the Plan, or section 403(a)(1) of ERISA. Except as per section 403(a)(1) of ERISA, the Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such Such direction may also be made by any individual whose name and signature have been submitted (and not withdrawn) in writing to the Trustee by the Administrator in the form attached hereto as Schedule "E" via EDT, facsimile, EDT or such other secure electronic means in accordance with procedures agreed to by the Named Fiduciary and the Trustee andTrustee; provided, in any such casehowever, that the Trustee shall be fully protected in relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 1 contract

Samples: Trust Agreement (Providian Financial Corp)

Directions from Named Fiduciary. Whenever the Named Fiduciary or Sponsor provides a direction to the TrusteeTrustee and/or the Recordkeeper, the Trustee and the Recordkeeper shall not be liable for any loss or expense arising from the direction (i) if the direction is contained in a writing provided (or is oral and immediately confirmed in a writing) signed by any individual whose name has and signature have been submitted (and not withdrawn) in writing to the Trustee and the Recordkeeper by the Named FiduciaryFiduciary in the form attached hereto as Schedule "E" and (ii) if the Trustee and the Recordkeeper reasonably believe the signature of the individual to be genuine, unless (on the part of the Trustee) it is clear on the direction’s 's face that the actions to be taken under the direction would be prohibited by the fiduciary duty rules of Section 404(a) of ERISA or would be contrary to the terms of this Agreement, Agreement or the Plan, or section 403(a)(1) of ERISAPlan as documented in the Plan Administration Manual. Except as per section 403(a)(1) of ERISA, the Trustee may rely without further duty of inquiry on the authority of any such individual to provide direction to the Trustee on behalf of the Named Fiduciary. Fidelity Confidential 21 For purposes of this Section, such Such direction may also be made via EDT, facsimile, EDT or such other secure electronic means in accordance with procedures agreed to by the Named Fiduciary and the Trustee and, in any such caseFiduciary, the Trustee and the Recordkeeper; provided, however, that the Trustee and the Recordkeeper shall be fully protected in relying on such direction as if it were a direction made in writing by the Named Fiduciary.

Appears in 1 contract

Samples: Administrative Services Agreement (Claiborne Liz Inc)

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