Common use of LIMITATION OF POWERS OF CERTAIN CUSTODIANS Clause in Contracts

LIMITATION OF POWERS OF CERTAIN CUSTODIANS. If a Custodian is a bank which, under its governing state law, does not possess trust powers, then Paragraphs (a), (c) as it relates to common trust funds or collective investment funds, (d), (f), (g) and (h) of Section 10.03(B), Section 10.17 and Article XI do not apply to that bank and that bank only has the power and the authority to exercise the remaining powers, rights and duties under Section 10.03(B).

Appears in 5 contracts

Samples: Defined Contribution Prototype Plan (MSC Software Corp), 401(k) Plan Adoption Agreement (Petco Animal Supplies Inc), Adoption Agreement (Gold Banc Corp Inc)

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LIMITATION OF POWERS OF CERTAIN CUSTODIANS. If a Custodian is a bank which, under its governing state law, does not possess trust powers, then Paragraphs (aSections 8.02(A)(1), (c3) as it relates to common trust funds or collective investment funds, (dSections 8.02(A)(4), (f5), (g) 7), and (h) of Section 10.03(B)8), Section 10.17 8.09 and Article XI IX do not apply to that bank and that bank the Custodian only has the power and the authority to exercise the remaining powers, rights powers under Section 8.02(A) and to perform the duties under Section 10.03(B8.02(C).

Appears in 3 contracts

Samples: 401(k) Plan Adoption Agreement (Knowles Corp), 401(k) Profit Sharing Plan (Nci Building Systems Inc), Defined Contribution Prototype and Volume Submitter Plan (Finisar Corp)

LIMITATION OF POWERS OF CERTAIN CUSTODIANS. If a Custodian is a bank which, under its governing state law, does not possess trust powers, then Paragraphs paragraphs (a), (c) as it relates to common trust funds or collective investment funds), (de), (f), (g) and (h) of Section 10.03(B)l0.03[B], Section 10.17 10.16 and Article XI do not apply to that bank and that bank only has the power and the authority to exercise the remaining powers, rights and duties under Section 10.03(B)l0.03[B].

Appears in 1 contract

Samples: 401(k) Plan Adoption Agreement (Expedia Inc)

LIMITATION OF POWERS OF CERTAIN CUSTODIANS. If a Custodian is a bank which, under its governing state law, does not possess trust powers, then Paragraphs (a), (c) as it relates to common trust funds or collective investment funds, (d), (f), (g) and (h) of Section 10.03(B), . Section 10.17 and Article XI do not apply to that bank and that bank only has the power and the authority to exercise the remaining powers, rights and duties under Section 10.03(B).

Appears in 1 contract

Samples: Defined Contribution Prototype Plan (Trimeris Inc)

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LIMITATION OF POWERS OF CERTAIN CUSTODIANS. If a Custodian is a bank which, under its governing state law, does not possess trust powers, then Paragraphs (aSections 8.02(A)(1), (c3) as it relates to common trust funds or collective investment funds, (d4), (f5), (g) 7), and (h) of Section 10.03(B)8), Section 10.17 8.09 and Article XI IX do not apply to that bank and that bank the Custodian only has the power and the authority to exercise the remaining powers, rights powers under Section 8.02(A) and to perform the duties under Section 10.03(B8.02(C).

Appears in 1 contract

Samples: Defined Contribution Prototype Plan and Trust Agreement (Bob Evans Farms Inc)

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