Common use of Enforcement of Trust Agreement and Legal Proceedings Clause in Contracts

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.

Appears in 5 contracts

Samples: Trust Agreement (Hubbell Inc), Trust Agreement (Hubbell Inc), Trust Agreement (Newmont Mining Corp /De/)

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Enforcement of Trust Agreement and Legal Proceedings. The Company shall have the right to enforce any provision of this Trust Agreement, 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.

Appears in 1 contract

Samples: Trust Agreement (Wellchoice Inc)

Enforcement of Trust Agreement and Legal Proceedings. 12.1. The Company shall have the right to enforce any provision of this Trust Agreement, and on or after a Change . The general creditors of Control, any Participant (or if such Participant is deceased, his Beneficiary) the Company shall have the right as a beneficiary of under federal and state laws to enforce the Trust provisions opening the Trust to enforce any provision of this Trust Agreement that affects the right, title and interest of such Participant general creditors in the Trustevent of insolvency of the Company. Except as otherwise provided in Sections 5.8 and 5.9 hereof, in In any action or proceeding proceedings affecting the Trust, Trust the only necessary parties shall be the Company, Company and 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, shall to the maximum extent permitted by applicable law, law be binding and conclusive on all persons having or claiming to have any interest in the Trust.

Appears in 1 contract

Samples: Trust Agreement (Conocophillips)

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Enforcement of Trust Agreement and Legal Proceedings. 12.1 The Company shall have the right to enforce any provision of this Trust Agreement, and on or after a Change . The general creditors of Control, any Participant (or if such Participant is deceased, his Beneficiary) the Company shall have the right as a beneficiary of under federal and state laws to enforce the Trust provisions opening the Trust to enforce any provision of this Trust Agreement that affects the right, title and interest of such Participant general creditors in the Trustevent of insolvency of the Company. Except as otherwise provided in Sections 5.8 and 5.9 hereof, in In any action or proceeding proceedings affecting the Trust, Trust the only necessary parties shall be the Company, Company and 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, shall to the maximum extent permitted by applicable law, law be binding and conclusive on all persons having or claiming to have any interest in the Trust.

Appears in 1 contract

Samples: Trust Agreement (Conocophillips)

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