Emergency Valuation Clause Samples

Emergency Valuation. It is contemplated that the Trust will be valued by the Trustee as of the Valuation Date and allocations made as of each Allocation Date. However, should the Plan Administrator in good faith determine that, because of an extraordinary change in general economic conditions or the occurrence of an event radically affecting the value of all or a substantial part of the Trust, an abnormal fluctuation in the value of the Trust has occurred since the end of the preceding Plan Year, and that it has become necessary to make a distribution to one (1) or more Participants, Beneficiaries, or Alternate Payees under the provisions hereof, the Plan Administrator may, in its sole discretion, to prevent any such person from receiving a substantially greater or lesser amount than what he would be entitled to, based on the current value of the Trust (as defined in ERISA Section 3(26)), cause a revaluation of the Trust to be made and a reallocation of the interests therein as of the date such person's right of distribution becomes fixed. The Plan Administrator's determination to make such emergency valuation and the valuation of the Trust as determined by the Trustee shall be conclusive and binding on all persons ever interested hereunder.