Elective Provisions Sample Clauses

Elective Provisions. 1. (a)(ii) –
Sample 1
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Elective Provisions. An Employer may amend the elective provisions of the Adoption Agreement establishing its Trust at any time and from time to time or discontinue or terminate the Trust by delivering to the Trustee a copy of an amendment or discontinuance or termination certified by a duly authorized person on behalf of the Employer; provided, however, that, except as provided in Section 1.2 and Article XIII, the Employer shall have no power to amend or terminate the Trust in such manner as would cause or permit (i) any of the assets of the Trust to be diverted to purposes other than for the exclusive benefit of the eligible Employees of the Employer or their Beneficiaries or estates; (ii) any reduction in the amount theretofore credited to any Participant; (iii) any portion of the assets of the Trust to revert to or become the property of the Employer; (iv) the elimination or reduction of an optional form of benefit; (v) the duties or liabilities of the Trustee to be increased without its written consent; and (vi) in the case of a Money Purchase Plan, the significant reduction in the rate of future benefit accrual unless, after adoption of the plan amendment and not less than fifteen (15) days before the effective date of the plan amendment, the Plan Administrator provides a written notice, setting forth the plan amendment and its effective date, to each Participant, each Beneficiary who is an alternate payee, and each employee organization representing Participants of the Plan. Each amendment shall be effective on the effective date of such amended Adoption Agreement except that retroactive changes to a previous election or elections pursuant to the regulations issued under Sections 401(a)(4) or 401(b) shall be permitted. If the Employer amends any provision other than the elective provisions of the Adoption Agreement for any reason, including a waiver of the minimum funding requirement under Section 412(d) of the Code, except as provided in Section 8.2(b) and except 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, its Trust will be deemed to be an individually designed plan and may no longer participate in a prototype established under this Basic Plan Document.
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Elective Provisions. Clause (1) of the Gas Annex is amended and restated in its entirety to read as follows:
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Elective Provisions. 15 24. APPROVAL AND GAURANTEE OF SHAREHOLDERS, MEMBERS OR PARTNERS.........16 REAL ESTATE FRANCHISE AGREEMENT THIS REAL ESTATE FRANCHISE AGREEMENT ("Agreement") is made and entered into by and between WHY USA NORTH AMERICA, INC., a Wisconsin corporation ("WHY USA"), having its principal offices at 0000 XX Xxxxxxx 00, Xxxxxxxxx, Xxxxxxxxx 00000, and that party designated as "Franchisee" in Section 23.1 herein. WHY USA and Franchisee are collectively referred to as the "Parties."
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Elective Provisions. (1)Clause (a)(ii): √
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Elective Provisions. (1)Clause (a)(ii): √ Applicability to Outstanding Power Transactions. If not checked, not applicable.
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Elective Provisions. (1)Clause (a)(ii):
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Elective Provisions 
Sample 1

Related to Elective Provisions

  • Protective Provisions So long as shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

  • Restrictive Provisions As consideration for the foregoing payments, Executive agrees not to challenge the enforceability of any of the restrictions contained in Sections 5, 6 or 7 of this Agreement upon or after the occurrence of a Change of Control.

  • Administrative Provisions (a) Grievances and replies at Step 3 of the grievance procedure and notification to arbitrate shall be by registered mail.

  • OPERATIVE PROVISIONS 1. In this Agreement words and expressions which are defined in the General Conditions of Contract shall have the same meanings as are respectively assigned to them in the General Conditions of Contract.

  • Alternate Payment and Notice Provisions Notwithstanding any provision of this Indenture or any of the Notes to the contrary, the Issuer may enter into any agreement with any Holder of a Note providing for a method of payment, or notice by the Indenture Trustee or any Paying Agent to such Holder, that is different from the methods provided for in this Indenture for such payments or notices. The Issuer will furnish to the Indenture Trustee a copy of each such agreement and the Indenture Trustee will cause payments to be made and notices to be given in accordance with such agreements.

  • Notice Provisions (a) Each Party will give prompt notice to the other of the occurrence, or failure to occur, at any time from the date hereof until the earlier to occur of the termination of this Agreement and the Effective Time of any event or state of facts of which it is aware which occurrence or failure would, or would be reasonably likely to:

  • Plan Provisions In addition to the terms and conditions set forth herein, the Award is subject to and governed by the terms and conditions set forth in the Plan, as may be amended from time to time, which are hereby incorporated by reference. Any terms used herein with an initial capital letter shall have the same meaning as provided in the Plan, unless otherwise specified herein. In the event of any conflict between the provisions of the Agreement and the Plan, the Plan shall control.

  • Avoidance Provisions It is the intent of each Guarantor, the Administrative Agent and the Guarantied Parties that in any Proceeding, such Guarantor’s maximum obligation hereunder shall equal, but not exceed, the maximum amount which would not otherwise cause the obligations of such Guarantor hereunder (or any other obligations of such Guarantor to the Administrative Agent and the Guarantied Parties) to be avoidable or unenforceable against such Guarantor in such Proceeding as a result of Applicable Law, including without limitation, (a) Section 548 of the Bankruptcy Code and (b) any state fraudulent transfer or fraudulent conveyance act or statute applied in such Proceeding, whether by virtue of Section 544 of the Bankruptcy Code or otherwise. The Applicable Laws under which the possible avoidance or unenforceability of the obligations of such Guarantor hereunder (or any other obligations of such Guarantor to the Administrative Agent and the Guarantied Parties) shall be determined in any such Proceeding are referred to as the “Avoidance Provisions”. Accordingly, to the extent that the obligations of any Guarantor hereunder would otherwise be subject to avoidance under the Avoidance Provisions, the maximum Guarantied Obligations for which such Guarantor shall be liable hereunder shall be reduced to that amount which, as of the time any of the Guarantied Obligations are deemed to have been incurred under the Avoidance Provisions, would not cause the obligations of such Guarantor hereunder (or any other obligations of such Guarantor to the Administrative Agent and the Guarantied Parties), to be subject to avoidance under the Avoidance Provisions. This Section is intended solely to preserve the rights of the Administrative Agent and the Guarantied Parties hereunder to the maximum extent that would not cause the obligations of any Guarantor hereunder to be subject to avoidance under the Avoidance Provisions, and no Guarantor or any other Person shall have any right or claim under this Section as against the Administrative Agent and the Guarantied Parties that would not otherwise be available to such Person under the Avoidance Provisions.

  • Forfeiture Provisions The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this ordinance, approvals issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this ordinance.

  • General Employee Provisions (i) Seller and Buyer shall give any notices required by Legal Requirements and take whatever other actions with respect to the plans, programs and policies described in this Section 10.1 as may be necessary to carry out the arrangements described in this Section 10.1.

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