No Designation. In no event may Executive, directly or indirectly, designate the calendar year of any payment to be made under this Agreement or otherwise which constitutes a “deferral of compensation” within the meaning of Code Section 409A.
No Designation. If Tenant is in arrears in payment of Rent, Tenant waives its right, if any, to designate the items to which any payments made by Tenant are to be credited, and Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of any designation or request by Tenant as to the items to which any such payments shall be credited.
No Designation. If a Participant fails to designate a Beneficiary as provided above, or if all designated Beneficiaries predecease the Participant, then the Participant's designated Beneficiary shall be deemed to be the Participant's estate.
No Designation. The Transferor shall not designate or permit to be designated an Account Owner other than CB&T without the prior written consent of the Agent and the execution and delivery of all financing statements and agreements required by the Agent to perfect and protect the interests of the Agent, the Buyer and the other Owners herein, which shall be satisfactory to the Agent.
No Designation. The Company and its licensees (direct and indirect) are not required to designate you as author of any design, computer program or related documentation, or other work of authorship, assigned hereunder when distributed publicly or otherwise. You hereby waive and release, to the extent permitted by law, all rights to the foregoing.
No Designation. The Transferor shall not designate an Eligible -------------- Originator other than X.X. Xxxxxxxxx'x, Inc., XxXxx'x, Inc., Parisian, Inc., Xxxxxx Xxxxx Xxxxx & Co., National Bank of the Great Lakes, Saks & Company or Saks, or any of their Affiliates without, the prior written consent of the Agent and each Senior Class Agent.
No Designation. In the case of distributions to an individual where no Section 242(b) designation was made, distributions after December 31, 1983 shall be made as follows:
(a) If such individual is a Participant whose benefits were in pay status on December 31, 1983, and the method of distribution in effect for such Participant was consistent with the provisions of the Plan Statement at the time such distribution commenced, then distribution shall continue to be made to such Participant in accordance with the method of distribution in effect on December 31, 1983, notwithstanding that distribution could not have commenced under such method after December 31, 1983.
(b) If such individual is a Beneficiary whose benefits were in pay status on December 31, 1983, and the method of distribution in effect for such Beneficiary was consistent with the provisions of the Plan Statement at the time such distribution commenced, then distribution shall continue to be made to such Beneficiary in accordance with the method of distribution in effect on December 31, 1983, notwithstanding that distribution could not have commenced under such method after December 31, 1983.
(c) If such individual is a Participant or a Beneficiary whose benefits were not in pay status on December 31, 1983, distribution shall be made in accordance with Section 7 of the Plan Statement and, to the extent distribution cannot then be made upon terms which are consistent with the provisions of Section 7 of the Plan Statement, distribution shall be made as soon as practicable after December 31, 1983 in a single lump sum.
(d) For the purpose of the foregoing, benefits shall be considered to have been in pay status on December 31, 1983 if distribution had commenced on or prior to that date and was being made under a written instrument which fixed the person to whom such benefits were payable, the time or times at which distributions would be made and the amount (or formula pursuant to which the amount would be determined) of each distribution and was not subject to variation at the discretion of the Participant or the Committee unless such variation would cause the acceleration of distributions.
(e) Examples of circumstances in which distribution could not be made upon terms consistent with the provisions of Section 7 of the Plan Statement (and therefore would have to be made in a single lump sum) include, but are not be limited to, distribution to a Participant who was a key employee in a top heavy plan and who had at...
No Designation. Any portion of a distribution payable upon the death of a Participant which is not disposed of by a designation of Beneficiary for any reason whatsoever will be paid to the Participant's spouse if living at his death, otherwise to the Participant's estate.
No Designation. The Transferor shall not designate an Eligible Originator other than G.R. Herxxxxxx'x, Xxx., XxXxx's, Inc., Xxxxxian, Inc. or Proffitt's, Ixx., xxxxxut the prior written consent of the Agent and each Senior Class Agent.
No Designation. This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever. There are no intended third-party beneficiaries under this
