Effect of Direction Sample Clauses

Effect of Direction. The Custodian and its agents may conclusively rely upon and shall be protected in acting upon any direction from the Investment Professional or the Participant (or the Participant’s Authorized Agent or, following the death of the Participant, his or her beneficiary, executor or administrator) believed by it to be genuine, and, so long as it acts in good faith, in taking or omitting to take any other action. The Custodian shall have no duty to question the directions of the Investment Professional or the Participant (or the Participant’s Authorized Agent, beneficiary, executor or administrator), regarding the investment of the assets in the Participant’s SIMPLE IRA or to advise such persons regarding the purchase, retention or sale of such investments, nor shall the Custodian or the Sponsoring Organization or any of their affiliates be liable for any loss that results from the exercise of control (whether by his or her action or inaction) over the Participant’s SIMPLE IRA by the Participant (or the Participant’s Authorized Agent, beneficiary, executor or administrator).
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Effect of Direction. The Custodian may conclusively rely upon and shall be protected in acting upon any written order, telephone instructions, or authorized electronic instructions from the Participant (or his or her Authorized Agent), the Employer or any other notice, request, consent, certificate or other instrument or paper (collectively a “direction”) believed by the Custodian to be genuine and to have been properly executed, and, so long as it acts in good faith, in taking or omitting to take any action. The Custodian has no duty to question any instructions or directions of the Participant regarding the investment of the assets in the Account or any fund allocation or to advise the Participant regarding the purchase, retention or sale of such investments, nor shall the Custodian or the Company be liable for any loss that results from the exercise of control (whether by his or her action or inaction) over the Account by the Participant. For purposes of this Article 5.5, such direction by the Participant may also be made electronically in accordance with procedures prescribed by the Custodian; provided, however, that the Custodian shall be fully protected in relying on such direction as if it were a direction made in writing by the Participant.
Sample 1
Effect of Direction. The Custodian, the Company, and their agents, may conclusively rely upon and shall be protected in acting upon any written direction or telephone instruction from the Employee (or the Employee's Beneficiary, executor or administrator, as applicable) or any other notice, request, consent, certificate or other instrument or paper believed by the Custodian to be genuine and to have been properly executed. Neither the Custodian nor the Company shall have any duty to question any direction of the Employee (or the Employee's Beneficiary, executor or administrator, as applicable) regarding the investment of the assets of the Custodial Account or to advise such persons regarding the purchase, retention or sale of such investments, nor shall the Custodian or the Company, or any of their affiliates be liable for any loss that results from the exercise of control (whether by action or inaction) over the Custodial Account by the Employee (or the Employee's Beneficiary, executor or administrator, as applicable).
Sample 1
Effect of Direction. The Custodian and its agents may conclusively rely upon and shall be protected in acting upon any direction from the Participant (or the Participant's Authorized Agent) (or, following the death of the Participant, his or her beneficiary, executor or administrator) believed by it to be genuine, and, so long as it acts in good faith, in taking or omitting to take any other action. The Custodian shall have no duty to question the directions of the Participant (or the Participant's Authorized Agent) (or, following the death of the Participant, his or her beneficiary, executor or administrator), regarding the investment of the assets in the Participant's IRA or to advise such persons regarding the purchase, retention or sale of such investments, nor shall the Custodian or the Sponsoring Organization, or any of their affiliates, be liable for nay loss that results from the exercise of control (whether by his or her action or inaction) over the Participant's IRA by the Participant (or the Participant's Authorized Agent) (or, following the death of the Participant, his or her beneficiary, executor or administrator). ARTICLE V
Sample 1
Effect of Direction. The Custodian and its agents may conclusively rely upon and shall be protected in acting upon any direction from the Participant (or the Participant’s Authorized Agent or, following the death of the Participant, his or her beneficiary, executor or administrator) believed by it to be genuine, and, so long as it acts in good faith, in tak- ing or omitting to take any other action. The Custodian shall have no duty to question the directions of the Participant (or the Participant’s Authorized Agent) (or the Participant’s beneficiary, executor or adminis-
Sample 1

Related to Effect of Direction

  • Effect of Vacancies The death, resignation, retirement, removal, bankruptcy, dissolution, liquidation, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust. Whenever a vacancy in the number of Administrative Trustees shall occur, until such vacancy is filled by the appointment of an Administrative Trustee in accordance with Section 6.6, the Administrative Trustees in office, regardless of their number, shall have all the powers granted to the Administrative Trustees and shall discharge all the duties imposed upon the Administrative Trustees by this Trust Agreement.

  • Effect of Consent (a) After an amendment, supplement or waiver becomes effective, it will bind every Holder unless it is of the type requiring the consent of each Holder affected. If the amendment, supplement or waiver is of the type requiring the consent of each Holder affected, the amendment, supplement or waiver will bind each Holder that has consented to it and every subsequent Holder of a Note that evidences the same debt as the Note of the consenting Holder.

  • Effect of Election A Deferral Election pursuant to Section 3.1 shall apply only to the Plan Year for which it is made and shall be irrevocable except to the extent otherwise provided in Section 3.4.

  • Effect of Waiver or Consent A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.

  • Effect of Notice Any notice given by the indemnifying Party to an Indemnified Party referred to in Sections 12.1(c) or 12.2(d) above of participation in or control of any action by the indemnifying Party will in no event be deemed to be an admission by the indemnifying Party of liability, culpability or responsibility, and the indemnifying Party will remain free to contest liability with respect to the claim among the Parties or otherwise.

  • Revocation and Effect of Consents Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder.

  • Effect of Agreement Nothing herein contained shall be deemed to require to the Trust to take any action contrary to its Declaration of Trust or its By-Laws or any applicable law, regulation or order to which it is subject or by which it is bound, or to relieve or deprive the Trustees of the Trust of their responsibility for and control of the conduct of the business and affairs of the Trust.

  • Effect of Plan The Award Shares shall constitute Restricted Stock and this grant shall constitute an Award, each as defined in the Company’s Amended and Restated 2014 Flexible Incentive Plan (the “Plan”). This Agreement is expressly subject to the terms and provisions of the Plan and in the event there is a conflict between the terms of the Plan and this Agreement, the terms of the Plan shall control. All undefined capitalized terms used herein shall have the meanings assigned in the Plan. The Award is subject to all laws, approvals, requirements and regulations of any governmental authority which may be applicable thereto.

  • Effect of Amendment or Waiver Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.

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