Enforcement of Trust Agreement and Legal Proceedings. The Company shall have the right to enforce any provision of this Trust Agreement. In any action or proceedings affecting the Trust, the only necessary parties shall be the Company and the Trustee and, except as otherwise required by applicable law, no other person shall be entitled to any notice or service of process. Any judgment entered in such an action or proceedings shall, to the maximum extent permitted by applicable law, be binding and conclusive on all persons having or claiming to have any interest in the Trust.
Enforcement of Trust Agreement and Legal Proceedings. The Employer shall have the right to enforce any provision of this Trust Agreement, and any Trust Beneficiary shall have the right as a beneficiary of the Trust to enforce any provision of this Trust Agreement that affects the right, title and interest of such Trust Beneficiary in the Trust. In any action or proceedings affecting the Trust, the only necessary parties shall be the Employer, the Trustee and the Trust Beneficiaries and, except as otherwise required by applicable law, no other person shall be entitled to any notice or service of process. Any judgment entered in such an action or proceedings shall, to the maximum extent permitted by applicable law, be binding and conclusive on all persons having or claiming to have any interest in the Trust.
Enforcement of Trust Agreement and Legal Proceedings. The Company shall have the right to enforce any provision of this Trust Agreement, and on or after a Change of Control, any Participant (or if such Participant is deceased, his Beneficiary) shall have the right as a beneficiary of the Trust to enforce any provision of this Trust Agreement that affects the right, title and interest of such Participant in the Trust. Except as otherwise provided in Sections 5.8 and 5.9 hereof, in any action or proceeding affecting the Trust, the only necessary parties shall be the Company, the Trustee and the Participants with an interest in the Trust Fund and, except as otherwise required by applicable law, no other person shall be entitled to any notice or service of process. Any judgment entered in such an action or proceeding shall, to the maximum extent permitted by applicable law, be binding and conclusive on all persons having or claiming to have any interest in the Trust.
Enforcement of Trust Agreement and Legal Proceedings. 12.1 The Company shall have the right to enforce any provision of this Trust Agreement, and any Trust Beneficiary shall have the right as a beneficiary of the Trust, to enforce any provision of this Trust Agreement that affects the right, title and interest of such Trust Beneficiary in the Trust. In any action or proceedings affecting the Trust, the only necessary parties shall be the Company, the Trustee and the Trust Beneficiaries and, except as otherwise required by applicable law, no other person shall be entitled to any notice or service of process. Any judgment entered in such an action or proceeding shall to the maximum extent permitted by applicable law be binding and conclusive on all persons having or claiming to have any interest in the Trust.
12.2 In the event that any dispute or difference arising under or in connection with this Trust Agreement results in arbitration or litigation, Company shall reimburse the Trust Beneficiary for all reasonable Attorney’s Fees and expenses if the Trust Beneficiary prevails in such proceeding.
Enforcement of Trust Agreement and Legal Proceedings. 12.1. The Company shall have the right to enforce any provision of this Trust Agreement. The general creditors of the Company shall have the right under federal and state laws to enforce the Trust provisions opening the Trust to such general creditors in the event of insolvency of the Company. In any action or proceedings affecting the Trust the only necessary parties shall be the Company and the Trustee and, except as otherwise required by applicable law, no other person shall be entitled to any notice or service of process. Any judgment entered in such an action or proceeding shall to the maximum extent permitted by applicable law be binding and conclusive on all persons having or claiming to have any interest in the Trust.
Enforcement of Trust Agreement and Legal Proceedings. The Company and the Trustee shall have the right to enforce any provision of the Trust. In any action or proceeding affecting the Trust, the only necessary parties shall be the Company, the Trustee and the Participants and, except as otherwise required by applicable law, no other person shall be entitled to any notice or service of process. Any judgment entered in such an action or proceeding shall, to the maximum extent permitted by applicable law, be binding and conclusive on all persons having or claiming to have any interest in the Trust. Time is of the essence of the Trust. In case any provision of the Trust is enforced by the Trustee or by any Participant by legal process or through an attorney-at-law, or under advice therefrom, including but not limited to the collection of amounts due hereunder to either the Trustee or such Participant, or for the benefit of such Participant, then the Company shall pay all costs of such enforcement or collection, including reasonable attorneys’ fees.
Enforcement of Trust Agreement and Legal Proceedings. 11.1 The Company shall have the right to enforce any provision of this Trust Agreement, and, on or after the occurrence, if any, of a Change in Control, as defined below, any Member shall have the right as a beneficiary of the Trust to enforce any provision of this Trust Agreement that affects the right, title and interest of such Member in the Trust. Except to the extent provided in Section 3.2 or as otherwise required by applicable law, in any actions or proceedings affecting the Trust, the only necessary parties shall be the Company, the Trustee and, on or after the occurrence of a Change in Control, the Members and, except as otherwise required by applicable law, no other person shall be entitled to any notice or service of process. Any judgment entered in such an action or proceeding shall, to the maximum extent permitted by applicable law, be binding and conclusive on all persons having or claiming to have any interest in the Trust.
11.2 In the event the Trustee receives notification pursuant to Section 3.2 that the Company is Bankrupt or Insolvent, the Trustee shall promptly give notice thereof in writing to all Members listed on the Payment Schedule then in effect as soon as it is reasonably practicable.
Enforcement of Trust Agreement and Legal Proceedings. 11.1. The Company has the right to enforce any provision of this Trust Agreement, and, on or after a Change in Control, any Member has the right as a beneficiary of the Trust to enforce any provision of this Trust Agreement that affects the right, title and interest of that Member in the Trust. Except to the extent provided in Section 3.2 or as otherwise required by applicable law, in any actions or proceedings affecting the Trust, the only necessary parties are the Company, the Trustee, and, on or after a Change in Control, the Members and, except as otherwise required by applicable law, no other person is entitled to any notice or service of process. Any judgment entered in such an action or proceeding will be binding and conclusive on all persons having or claiming to have any interest in the Trust.
11.2. If the Trustee receives notification pursuant to Section 3.2 that the Company is Bankrupt or Insolvent, the Trustee promptly will give notice of that in writing to all Members and Beneficiaries listed on the then current Payment Schedule as soon as it is reasonably practicable.
Enforcement of Trust Agreement and Legal Proceedings. 9.1 Any Participant shall have the right to enforce any provision of this Trust Agreement that affects the right, title and interest of such Participant (or other person) in the Trust. Except as provided in Section 7.4, in any action or proceeding affecting the Trust the only necessary parties shall be the Company, the Trustee and the Participants (and/or their representatives), and, except as otherwise required by applicable law, no other person shall be entitled to any notice or service of process. Any judgment entered in such an action or proceeding shall to the maximum extent permitted by applicable law be binding and conclusive on all persons having or claiming to have any interest in the Trust.
9.2 Except for the right to enforce the Trust Agreement as provided in Section 9.1, a Participant shall have no right to any property comprising the Trust Fund.
Enforcement of Trust Agreement and Legal Proceedings. The Bank shall have the right to enforce any provision of this trust agreement, and any participant or beneficiary of the plan shall have the right to enforce any provision of this trust agreement that affects the right, title and interest of such participant or beneficiary, if any, in the trust. In any action or proceedings affecting the trust the only necessary parties shall be the Bank, the Trustee and participants and beneficiaries of the Plan, and except as otherwise required by applicable law, no other person shall be entitled to any notice or service of process. Any judgment entered in such an action or proceeding shall to the maximum extent permitted by applicable law be binding and conclusive on all persons having or claiming to have any interest in the trust.
