Common use of Participating Plan Clause in Contracts

Participating Plan. As of the date of establishment of any initial fund or any other investment fund so established under the Custodial Agreement, the Custodian shall accept the transfer to such Fund of all or any portion of the assets of the Custodial Account of any Participating Plan, provided that the Master Custodial Administration Agreement Administrator determines that the following conditions are met: (a) The Master Custodial Account Administrator believes such Participating Plan to meet the requirement of Section 403(b) of the Code; and (b) the terms of the Participating Plan provide for the creation of a Custodial Account and the appointment of a Custodian and one or more Investment Managers; and (c) the terms of the Participating Plan do not impose any duties upon the Custodian that are not contained in, or are inconsistent with the Agreement. (d) each affiliate of the Employer joining in and adopting the Custodial Agreement appoints the Employer as its agent for the purposes set forth in this Agreement and agrees that: (e) it shall be bound by the decisions, actions and directions of the Employer and the Plan Administrator; and (f) the Employer has the sole authority to enforce this Agreement on behalf of such affiliate; and (g) the Master Custodial Administration Agreement Administrator and any entity to which it has delegated any responsibility shall be fully protected in relying upon such decisions, actions and directions and shall in no event be required to give notice to or otherwise deal with such affiliate except by dealing with the Employer as agent of such affiliate. (h) the Custodial Agreement shall, to the extent of each Participating Plan’s interest in any fund in the Custodial Account, constitute a part of such Participating Plan. (i) The Administrator shall assure that the Employer promptly notifies the Master Custodial Administration Agreement Administrator of any and all amendments made to such Participating Plan, and of any determination or other action taken by the Internal Revenue Service with respect to its qualification under section 403(b) of the Code.

Participating Plan. As of the date of establishment of any initial fund or any other investment fund so established under the Custodial Agreement, the Custodian shall accept the transfer to such Fund of all or any portion of the assets of the Custodial Account of any Participating Plan, provided that the Master Custodial Administration Agreement Administrator determines that the following conditions are met: (a) The Master Custodial Account Administrator believes such Participating Plan to meet the requirement of Section 403(b) of the Code; and (b) the terms of the Participating Plan provide for the creation of a Custodial Account and the appointment of a Custodian and one or more Investment Managers; and (c) the terms of the Participating Plan do not impose any duties upon the Custodian that are not contained in, or are inconsistent with the Agreement. (d) each affiliate of the Employer joining in and adopting the Custodial Agreement appoints the Employer as its agent for the purposes set forth in this Agreement and agrees thatagreesthat: (e) it shall be bound by the decisions, actions and directions of the Employer and the Plan Administrator; and (f) the Employer has the sole authority to enforce this Agreement on behalf of such affiliate; and (g) the Master Custodial Administration Agreement Administrator and any entity to which it has delegated any responsibility shall be fully protected in relying upon such decisions, actions and directions and shall in no event be required to give notice to or otherwise deal with such affiliate except by dealing with the Employer as agent of such affiliate. (h) the Custodial Agreement shall, to the extent of each Participating Plan’s interest in any fund in the Custodial Account, constitute a part of such Participating Plan. (i) The Administrator shall assure that the Employer promptly notifies the Master Custodial Administration Agreement Administrator of any and all amendments made to such Participating Plan, and of any determination or other action taken by the Internal Revenue Service with respect to its qualification under section 403(b) of the Code.

Participating Plan. As of the date of establishment of any initial fund or any other investment fund so established under the Custodial Agreement, the Custodian shall accept the transfer to such Fund of all or any portion of the assets of the Custodial Account of any Participating Plan, provided that the Master Custodial Administration Agreement Administrator determines that the following conditions are met: (a) The Master Custodial Account Administrator believes such Participating Plan to meet the requirement of Section 403(b457(b) of the Code; and (b) the terms of the Participating Plan provide for the creation of a Custodial Account and the appointment of a Custodian and one or more Investment Managers; and (c) the terms of the Participating Plan do not impose any duties upon the Custodian that are not contained in, in or are inconsistent with the Agreement. (d) each affiliate of the Employer joining in and adopting the Custodial Agreement appoints the Employer as its agent for the purposes set forth in this Agreement and agrees thatagreesthat: (e) it shall be bound by the decisions, actions and directions of the Employer and the Plan Administrator; and (f) the Employer has the sole authority to enforce this Agreement on behalf of such affiliate; and (g) the Master Custodial Administration Agreement Administrator and any entity to which it has delegated any responsibility shall be fully protected in relying upon such decisions, actions and directions and shall in no event be required to give notice to or otherwise deal with such affiliate except by dealing with the Employer as agent of such affiliatesuchaffiliate. (h) the The Custodial Agreement shall, to the extent of each Participating Plan’s interest in any fund in the Custodial Account, constitute a part of such Participating Plan. (i) The Administrator shall assure that the Employer promptly notifies the Master Custodial Administration Agreement Administrator of any and all amendments made to such Participating Plan, and of any determination or other action taken by the Internal Revenue Service with respect to its qualification under section 403(b457(b) of the Code.