Fiduciary Authority Sample Clauses

Fiduciary Authority. This Agreement shall permit the Service Provider to act in a fiduciary capacity with respect to the handling of funds and other assets of the Company, subject to applicable law. The Service Provider shall have full authority to manage any and all aspects of the Company’s business and shall make, from time to time, and as reasonably requested by the Company, periodic status reports to the Company concerning operations, financial results, legal compliance and any other matter within the scope of the Service Provider’s broad range of duties, rights and obligations. If requested by the Service Provider, the Company will execute documentation confirming the Service Provider’s authority for use with third parties.
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Fiduciary Authority. The Plan is a participant-directed plan under which the Plan Sponsor has the authority to select investment options and service providers to the Plan and to enter into an Agreement with third parties to provide services to Participants. In this capacity, the Plan Sponsor (or, to the extent the Plan Sponsor has delegated its investment authority to an investment committee, the committee) is referred to in this Agreement as the Client (“Client”).
Sample 1
Fiduciary Authority. Plan Sponsor's Fiduciary Authority The Plan Sponsor retains complete authority and responsibility for the Plan, its operation, and the benefits provided hereunder. The Claims Administrator is empowered to act on behalf of the Plan Sponsor in connection with the Plan only to the extent expressly stated in this Attachment. Except as stated in this Attachment, the Plan Sponsor shall retain final discretionary authority to determine the benefit provisions and the amount to be paid by the Plan, and to construe and interpret the terms of the Plan. The Plan Sponsor has the sole and complete authority and responsibility to determine eligibility of persons to participate in the Plan. Claims Administrator's Fiduciary Authority The Plan Sponsor and the Claims Administrator agree that the Claims Administrator will have the discretionary authority to administer, process, and determine entitlement to Plan benefits in accordance with the Plan documents for each claim received and to construe the terms of the Plan. It is agreed that the Claims Administrator has no other discretionary authority under the Plan. Claims Administrator is not a fiduciary with respect to rebate administration or the prescription drug plan. Alaska Railroad Corporation has final authority and responsibility to select its pharmacy benefit design and formulary from available options. Current formularies are available on the Claims Administrator's website.
Sample 1
Fiduciary Authority. Fiduciary represents and warrants that, unless otherwise specified, it is the Fiduciary with authority to enter into this Agreement on behalf of the Plan. Plan and Plan Sponsor represent and warrant that the person signing this Agreement on its behalf has been duly authorized to do so by Plan Sponsor. Fiduciary warrants and represents that the person signing this Agreement has been duly authorized to do so by Fiduciary. It warrants and represents that Fiduciary is independent of, and unrelated to, KISC.
Sample 1
Fiduciary Authority. The Sub-Trustee has full power and authority under the ESOP, the Trust Agreement and the Sub-Trust Agreement to act as a Named Fiduciary of the Trust (within the meaning of Section 402(a)(2) of ERISA) for purposes of the sale of the Stock, and, in that capacity, to direct the Trustee as to (i) the sale of the Stock to Buyer and (ii) all other acts that the Sub-Trustee may deem necessary or proper to carry out the foregoing.
Sample 1
Fiduciary Authority. The Plan Sponsor represents that the person executing this Agreement on behalf of the Plan: (a) is a “Named Fiduciary,” as that term is defined in ERISA; (b) is authorized under provisions of the Plan documents (including any trust document related thereto) to enter into this Agreement and to retain Xxxxxx Xxxxx to perform the services set forth in this Agreement; (c) is not prohibited from acting as a fiduciary with respect to the Plan; and
Sample 1

Related to Fiduciary Authority

  • Regulatory Authority If any regulatory authority having jurisdiction (or any successor boards or agencies), a court of competent jurisdiction or other Governmental Authority with the appropriate jurisdiction (collectively, the ''Regulatory Body'') issues a rule, regulation, law or order that has the effect of cancelling, changing or superseding any term or provision of this Agreement (the ''Regulatory Requirement''), then this Agreement will be deemed modified to the extent necessary to comply with the Regulatory Requirement. Notwithstanding the foregoing, if a Regulatory Body materially modifies the terms and conditions of this Agreement and such modification(s) materially affect the benefits flowing to one or both of the Parties, as determined by either of the Parties within twenty (20) business days of the receipt of the Agreement as materially modified, the Parties agree to attempt in good faith to negotiate an amendment or amendments to this Agreement or take other appropriate action(s) so as to put each Party in effectively the same position in which the Parties would have been had such modification not been made. In the event that, within sixty (60) days or some other time period mutually agreed upon by the Parties after such modification has been made, the Parties are unable to reach agreement as to what, if any, amendments are necessary and fail to take other appropriate action to put each Party in effectively the same position in which the Parties would have been had such modification not been made, then either Party shall have the right to unilaterally terminate this Agreement forthwith.

  • Necessary Authority The Scheduling Coordinator represents and warrants that all of the entities which it identifies on Schedule 1 as Scheduling Coordinator Metered Entities that it represents have granted it all necessary authority to enable it to carry out its obligations under this Agreement and the CAISO Tariff, and, subject to the execution and delivery by the CAISO, this Agreement will be enforceable against the Scheduling Coordinator in accordance with its terms.

  • FINRA The Company shall advise the Representative (who shall make an appropriate filing with FINRA) if it is or becomes aware that (i) any officer or director of the Company, (ii) any beneficial owner of 5% or more of any class of the Company’s securities or (iii) any beneficial owner of the Company’s unregistered equity securities which were acquired during the 180 days immediately preceding the filing of the Registration Statement is or becomes an affiliate or associated person of a FINRA member participating in the Offering (as determined in accordance with the rules and regulations of FINRA).

  • Company Authority The Company has all requisite corporate power and authority to enter into and perform this Agreement and to consummate the transactions contemplated herein.

  • Full Authority The Parent has the corporate power and authority and has obtained all licenses, permits, qualifications, and other documentation (including permits required under applicable Environmental Law, as defined in Exhibit 2) necessary to own and/or operate its businesses, properties and assets and to carry on its businesses as being conducted on the date of this Agreement, except such licenses, permits, qualifications or other documentation, the failure to obtain which is not reasonably likely to result in a Parent Material Adverse Effect, and such businesses are now being conducted and such assets and properties are being owned and/or operated in compliance with all applicable laws (including Environmental Law), ordinances, rules and regulations of any governmental agency of the United States, any state or political subdivision thereof, or any foreign jurisdiction, all applicable court or administrative agency decrees, awards and orders and all such licenses, permits, qualifications and other documentation, except where the failure to comply will not have a Parent Material Adverse Effect, and there is no existing condition or state of facts that would give rise to a violation thereof or a liability or default thereunder that is reasonably likely to have a Parent Material Adverse Effect.

  • Regulatory Authorizations Each Party represents and warrants that it has, or applied for, all regulatory authorizations necessary for it to perform its obligations under this Agreement.

  • Plenary authority of the Board of Trustees The Sub-Adviser and Adviser both acknowledge that the Fund is a mutual fund that operates as a series of the Trust under the authority of the Board of Trustees.

  • Governmental Authority “Governmental Authority” means any federal, state, municipal, foreign or other government, governmental department, commission, board, bureau, agency or instrumentality, or any private or public court or tribunal.

  • Governmental Entity “Governmental Entity” shall mean any federal, state, local or foreign court, arbitral tribunal, administrative agency or commission or other governmental or regulatory authority or administrative agency.

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