Investment Direction by Participants Sample Clauses

Investment Direction by Participants. If elected in accordance with Item XI(C) of the Adoption Agreement, each Participant, Inactive Participant and Beneficiary entitled to receive a benefit hereunder shall either be permitted to or be required to designate the portion of such of his Account(s) of the type designated by the Plan Administrator to be invested as provided in Item XI(C) of the Adoption Agreement. If a Participant fails to give any required investment direction hereunder, or if such investment direction is ambiguous, the Trustee may determine how such funds are to be invested until such time as an effective investment direction is received from such Participant and can be effectuated. The timing and manner of the designation to be made by Participants, Inactive Participants and Beneficiaries pursuant to the first paragraph of this Section 11.12, including the frequency of permitted changes in fund designations, shall be accomplished in accordance with procedures established by the Plan Administrator, in consultation with the Trustee, and applied in a uniform and nondiscriminatory manner; provided, however, that any such designation or change in designation shall be in writing signed by the Participant, Inactive Participant or Beneficiary, as the case may be, and delivered to the Plan Administrator. The Trustee shall maintain sub-accounts reflecting the amounts of such Account(s) of a Participant, Inactive Participant or Beneficiary, as the case may be, invested in the particular investment or investment funds and shall value such sub-accounts in accordance with Section 6.9 hereof. To the extent that a Participant is permitted to withdraw funds from his Elective Contribution Account, pursuant to Section 10.11 hereof, to withdraw funds from his Company contribution Account, pursuant to Section 10.12 hereof, or to borrow funds from his Account(s), pursuant to Section 11.9 and Article 19 hereof, such funds shall be distributed to the Participant from such sub-account(s) of such Participant as designated by the Plan Administrator in consultation with the Participant. The Trustee will account for a Participant's loans in such manner as it determines to be appropriate, and shall charge loan costs against the Participant's Account(s) and shall credit his interest payments to the Participant's Account(s).
Sample 1
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Investment Direction by Participants. In the event the Employer elects, in the Adoption Agreement, to permit Participants to choose the investments in which the assets of their Account should be invested, no Participant shall thereby be considered a fiduciary and no person who is a fiduciary shall be liable for any loss, or by reason of any breach, which results from such Participant's exercise of control. The Participant's investment direction shall be limited to the types of accounts and deposits described in Section 17.12 and the selection of interest rates and dates of maturity to the extent made available by the Custodian, except as provided in Section 17.13. The purchase of a life insurance contract shall be treated as a Participant-directed investment.
Sample 1
Investment Direction by Participants. Participants may direct the investment of their accounts in such separate investment funds as the Company may make available for this purpose. Participants may designate the investment fund or funds in which their accounts are to be invested. If an account is split between two (2) or more of the investment funds, the participant must specify the percentage of the account to be invested in each fund in accordance with the rules established by the Company. The Trustee will not have any investment responsibility for these accounts. If a participant fails to direct the investment of an account, the Trustee will invest the account in the fund designated by the Company as the "default" fund or funds."
Sample 1

Related to Investment Direction by Participants

  • Sharing of Participant Information 20 7.4 REPORTING AND DISCLOSURE AND COMMUNICATIONS TO PARTICIPANTS..................................................20 7.5 NON-TERMINATION OF EMPLOYMENT; NO THIRD-PARTY BENEFICIARIES.................................................20 7.6

  • Rights of Participants Any participant in a Lender's interests hereunder may assert any claim for yield protection under Section 4.03 that it could have asserted if it were a Lender hereunder. If such a claim is asserted by any such participant, it shall be entitled to receive such compensation from the Borrower as a Lender would receive in like circumstances; provided, however, that with respect to any such claim, the Borrower shall have no greater liability to the Lender and its participant, in the aggregate, than it would have had to the Lender alone had no such participation interest been created.

  • Participants The Lender and its participants, if any, are not partners or joint venturers, and the Lender shall not have any liability or responsibility for any obligation, act or omission of any of its participants. All rights and powers specifically conferred upon the Lender may be transferred or delegated to any of the Lender's participants, successors or assigns.

  • Permitted Participants; Effect Any Lender may at any time sell to one or more entities (“Participants”) participating interests in any Outstanding Credit Exposure owing to such Lender, any Note held by such Lender, any Commitment of such Lender or any other interest of such Lender under the Loan Documents. In the event of any such sale by a Lender of participating interests to a Participant, such Lender’s obligations under the Loan Documents shall remain unchanged, such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, such Lender shall remain the owner of its Outstanding Credit Exposure and the holder of any Note issued to it in evidence thereof for all purposes under the Loan Documents, all amounts payable by the Borrower under this Agreement shall be determined as if such Lender had not sold such participating interests, and the Borrower and the Administrative Agent shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under the Loan Documents.

  • Multiple Individual Retirement Accounts In the event the depositor maintains more than one Individual Retirement Account (as defined in Section 408(a)) and elects to satisfy his or her minimum distribution requirements described in Article IV above by making a distribution from another individual retirement account in accordance with Item 6 thereof, the depositor shall be deemed to have elected to calculate the amount of his or her minimum distribution under this custodial account in the same manner as under the Individual Retirement Account from which the distribution is made.

  • Distributions on Account of Separation from Service If and to the extent required to comply with Section 409A, no payment or benefit required to be paid under this Agreement on account of termination of the Executive’s employment shall be made unless and until the Executive incurs a “separation from service” within the meaning of Section 409A.

  • Termination of Participation If the Administrator determines in good faith that the Executive no longer qualifies as a member of a select group of management or highly compensated employees, as determined in accordance with ERISA, the Administrator shall have the right, in its sole discretion, to cease further benefit accruals hereunder.

  • Participant’s Representations In the event the Shares have not been registered under the Securities Act of 1933, as amended (the “Securities Act”), at the time this Option is exercised, Participant shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.

  • Investment Options You may direct the investment of your funds within this IRA into any investment instrument offered by or through the Custodian. The Custodian will not exercise any investment discretion regarding your IRA, as this is solely your responsibility. There are certain fees and charges connected with your IRA investments. These fees and charges may include the following. • Sales Commissions • Set Up Fees • Investment Management Fees • Annual Maintenance Fees • Distribution Fees • Surrender or Termination Fees To find out what fees apply, refer to the investment prospectus or contract. There may be certain fees and charges connected with the IRA itself. (Select and complete as applicable.) Annual Custodial Service Fee* $ No Charge Overnight Distribution $ 16.50 Wire Fee $ 12.50 Transfer Out Fee $ The greater of $100.00 or $25.00 per position Other (Explain) We reserve the right to change any of the above fees after notice to you, as provided in your IRA agreement. *The annual custodial fee will be borne by your Investment Advisor.

  • Eligible Participants Families and individuals experiencing homelessness. For the purposes of the Program, families and individuals are considered to be homeless only when he/she/they lack(s) a fixed, regular and adequate nighttime residence and reside(s) in a place not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings, motels, or other shelters, or for reference as further defined in 24 CFR Part 578.3 and 576.2.

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