Miscellaneous Funds Clause Samples

Miscellaneous Funds. In the event that Equifax determines that it is not feasible or appropriate to transfer in-kind the assets of a particular investment fund from the Equifax Savings Plan to the Certegy Savings Plan, then the value of the assets in the affected investment, as of the close of business on the Savings Plan Transfer Date (plus actual earnings or losses attributable to such amount from the Savings Plan Transfer Date to the date the assets are actually transferred) shall be transferred in cash to the Certegy Savings Plan and Certegy shall invest such cash in its Savings Plan and trust in the same manner and proportion as it was invested in the Equifax Savings Plan or otherwise at the direction of the affected participant.
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Miscellaneous Funds. 20 4.2 ESOP................................................................................20
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Miscellaneous Funds. In the event that PepsiCo determines that it is not feasible or appropriate to transfer in-kind the assets of a particular investment fund from the PepsiCo Savings Plan to the TRICON Savings Plan, then the value of the assets, as of the close of business on the Distribution Date (plus earnings attributable to such amount from the Distribution Date to the date the assets are actually transferred) shall be transferred in cash to the TRICON Savings Plan and TRICON shall invest such cash in its plan and trust in the same manner and proportion as it was invested in the PepsiCo Savings Plan or otherwise at the direction of each affected participant.
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Miscellaneous Funds. In the event that Heinz, in its reasonable and good faith discretion, determines that it is not feasible or appropriate to transfer in-kind the assets of a particular investment fund from the Heinz Savings Trust to the Del Monte Savings Trust, then the assets, as of the Close of the Distribution Date (plus or minus earnings and/or losses attributable to such amount from the Close of the Distribution Date to the date the assets are actually transferred) shall be transferred in cash to the Del Monte Savings Trust and Spinco shall, to the extent practicable, cause such cash to be invested in its plan and trust in a manner and proportion that is comparable to that in which it was invested in the Heinz Savings Plan or otherwise at the direction of each affected participant.
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Miscellaneous Funds. 19 (f) Transfer of Assets Concerning Matching Contribution Account....................................... 19 4.02 Non-Employer Stock Fund Procedures....................................................................... 20 (a) Application of Procedures......................................................................... 20 (b) Right of First Refusal and Notice Procedures...................................................... 20 (c) Procedures After Notice is Given.................................................................. 20
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Miscellaneous Funds. In the event that CSC determines that it is not feasible or appropriate to transfer in-kind the assets of a particular investment fund from one or more CSC Savings Plans to the applicable Vlasic Savings Plan, then the fair market value of the assets, as of the close of business on the Distribution Date (and earnings, gains and losses attributable to such amount from the Distribution Date to the date the assets are actually transferred) shall be transferred in cash to the Vlasic Savings Plan and Vlasic shall invest such cash in its Plan and trust in the same manner and proportion as it was invested in the CSC Savings Plan or otherwise at the direction of each individual entitled to direct investments.
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Miscellaneous Funds. In the event that GenTek determines that it is not feasible or appropriate to transfer in-kind the assets of a particular investment fund from a GenTek Savings Plan to a GCG Mirror Savings Plan, then the value of the assets as of the close of business on the Spinoff Date (plus earnings attributable to such amount from the Spinoff Date to the date the assets are actually transferred) shall be transferred in cash to the GCG Mirror Savings Plan and GCG shall, to the extent practicable, cause such cash to be invested in such plan and related trust in the same manner and proportion as it was invested in the transferring GenTek Savings Plan or otherwise at the direction of each affected participant.
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Miscellaneous Funds. 13 ARTICLE VI U.S. HEALTH AND WELFARE PLANS
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Miscellaneous Funds. In the event that Pennzoil determines that it is not feasible or appropriate to transfer in-kind the assets of a particular investment fund from the Pennzoil Savings Plan to the Downstream Savings Plan, then the value of the assets, as of the close of business on the Distribution Date (plus earnings attributable to such amount from the Distribution Date to the date the assets are actually transferred) shall be transferred in cash to the Downstream Savings Plan and Downstream shall, to the extent practicable, cause such cash to be invested in its plan and trust in the same manner and proportion as it was invested in the Pennzoil Savings Plan or otherwise at the direction of each affected participant.
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Related to Miscellaneous Funds

  • Miscellaneous Fees In addition to the Course Fees, the miscellaneous fees set out in Schedule 2.2 may be payable by the Student (the “Miscellaneous Fees”).

  • Miscellaneous Items Borrower shall deliver to Lender such other items, documents and evidences pertaining to the Line of Credit as may reasonably be requested by Lender.

  • Miscellaneous Provisions The following miscellaneous provisions are a part of this Agreement:

  • Miscellaneous Powers The Trustees shall have the power to: (a) employ or contract with such Persons as the Trustees may deem desirable for the transaction of the business of the Trust; (b) enter into joint ventures, partnerships and any other combinations or associations; (c) purchase, and pay for out of Trust Property, insurance policies insuring the Shareholders, Trustees, officers, employees, agents, investment advisors, distributors, selected dealers or independent contractors of the Trust against all claims arising by reason of holding any such position or by reason of any action taken or omitted by any such Person in such capacity, whether or not constituting negligence, or whether or not the Trust would have the power to indemnify such Person against such liability; (d) establish pension, profit-sharing, share purchase, and other retirement, incentive and benefit plans for any Trustees, officers, employees and agents of the Trust; (e) make donations, irrespective of benefit to the Trust, for charitable, religious, educational, scientific, civic or similar purposes; (f) to the extent permitted by law, indemnify any Person with whom the Trust has dealings, including without limitation any advisor, administrator, manager, transfer agent, custodian, distributor or selected dealer, or any other person as the Trustees may see fit to such extent as the Trustees shall determine; (g) guarantee indebtedness or contractual obligations of others; (h) determine and change the fiscal year of the Trust and the method in which its accounts shall be kept; and (i) adopt a seal for the Trust, even though the absence of such seal shall not impair the validity of any instrument executed on behalf of the Trust.

  • MISCELLANEOUS CLAUSES 18.1. No waiver of any right under this Agreement shall be deemed effective unless contained in a written document signed by the Party charged with such waiver, and no waiver of any breach or failure to perform shall be deemed to be a waiver of any other breach or failure to perform or of any other right arising under this Agreement. 18.2. If any provision in this Agreement is agreed by the Parties to be, or is deemed to be, or becomes invalid, illegal, void or unenforceable under any law that is applicable hereto, (i) such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable or, if it cannot be so amended without materially altering the intention of the Parties, it will be deleted, with effect from the date of such agreement or such earlier date as the Parties may agree, and (ii) the validity, legality and enforceability of the remaining provisions of this Agreement shall not be impaired or affected in any way. 18.3. The Parties shall use their respective reasonable endeavours to ensure that the Parties and any necessary Independent Third Party shall do, execute and perform all such further deeds, documents, assurances, acts and things as any of the Parties hereto may reasonably require by notice in writing to the other Party or such Independent Third Party to carry the provisions of this Agreement. 18.4. This Agreement shall be binding upon and enure to the benefit of the Parties hereto, their successors and permitted assigns and sub-licensees. 18.5. No provision of this Agreement shall be construed so as to negate, modify or affect in any way the provisions of any other agreement between the Parties unless specifically referred to, and solely to the extent provided, in any such other agreement. In the event of a conflict between the provisions of this Agreement and the provisions of the Development Agreement, the terms of the Development Agreement shall prevail unless this Agreement specifically provides otherwise. 18.6. No amendment, modification or addition hereto shall be effective or binding on either Party unless set forth in writing and executed by a duly authorised representative of each Party. 18.7. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute this Agreement. 18.8. Each of the Parties undertake to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of this Agreement. 18.9. Each of the Parties hereby acknowledges that in entering into this Agreement it has not relied on any representation or warranty save as expressly set out herein or in any document referred to herein. 18.10. Nothing contained in this Agreement is intended or is to be construed to constitute Elan and the Company as partners, or Elan as an employee of the Company, or the Company as an employee of Elan. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement or undertaking with any Independent Third Party.