PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will be conclusive upon the Employer, the Plan Administrator, the Advisory Committee, the Trustee, Custodian, Participants and Beneficiaries.
Appears in 31 contracts
Samples: Defined Contribution Prototype Plan and Trust Agreement (Direct Focus Inc), Retirement Savings Plan Adoption Agreement (World Acceptance Corp), Defined Contribution Master Plan and Trust Agreement (Sonic Corp)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no --------------------- Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will be conclusive upon the Employer, the Plan Administrator, the Advisory Committee, the Trustee, Custodian, Participants and Beneficiaries.
Appears in 6 contracts
Samples: Adoption Agreement (Timberland Bancorp Inc), Defined Contribution Prototype Plan and Trust Agreement (High Country Bancorp Inc), Adoption Agreement (Channell Commercial Corp)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no a Participant or a Beneficiary is not a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any such proceeding will be conclusive binding upon the Employer, the Plan Administrator, the Advisory Committee, the Trustee, Custodian, Participants and BeneficiariesBeneficiaries and upon their successors and assigns.
Appears in 5 contracts
Samples: 401(k) Plan Adoption Agreement (Petco Animal Supplies Inc), Defined Contribution Prototype Plan (Trimeris Inc), Defined Contribution Prototype Plan (MSC Software Corp)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will be conclusive upon the Employer, the Plan Administrator, the Advisory Administrative Committee, the Trustee, Custodian, Participants and Beneficiaries.
Appears in 4 contracts
Samples: 401(k) Savings Plan (Summit Care Corp), Defined Contribution Prototype Plan and Trust Agreement (Goodmark Foods Inc), Defined Contribution Prototype Plan and Trust Agreement (Conagra Inc /De/)
PARTIES TO LITIGATION. Except as otherwise provided by --------------------- ERISA, no Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will be conclusive upon the Employer, the Plan Administrator, the Advisory Committee, the Trustee, Custodian, Participants and Beneficiaries.
Appears in 3 contracts
Samples: Defined Contribution Master Plan and Trust Agreement (Modine Manufacturing Co), Defined Contribution Master Plan and Trust Agreement (Modine Manufacturing Co), Defined Contribution Master Plan and Trust Agreement (Modine Manufacturing Co)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no ---------------------- Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will be conclusive upon the Employer, the Plan Administrator, the Advisory Committee, the Trustee, Custodian, Participants and Beneficiaries.
Appears in 2 contracts
Samples: Discretionary Contribution Plan and Trust Agreement (Hollis Eden Pharmaceuticals Inc /De/), Defined Contribution Prototype Plan and Trust Agreement (Indian Village Bancorp Inc)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will be conclusive upon as to the Employer, parties over which the Plan Administrator, court entering the Advisory Committee, the Trustee, Custodian, Participants and Beneficiaries.judgment has jurisdiction 16 ARTICLE X MISCELLANEOUS 16
Appears in 1 contract
Samples: Employees Plan Trust Agreement (Rotech Healthcare Inc)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no a Participant or a Beneficiary is not a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will be is conclusive upon the Employer, the Plan Administrator, the Advisory CommitteeTrustee, the Trustee, Custodian, Participants and the Beneficiaries.
Appears in 1 contract
Samples: Employee Profit Sharing and Stock Ownership Plan and Trust Agreement (PBSJ Corp /Fl/)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment judgement entered in any proceeding will be conclusive upon the EmployerCorporation, the Plan Administrator, the Advisory Committee, the Trustee, Custodian, Participants and Beneficiaries.
Appears in 1 contract
Samples: First Security Incentive Savings Plan and Trust Agreement (Wells Fargo & Co/Mn)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no --------------------- Participant or Beneficiary beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will be conclusive upon the Employer, the Plan Administrator, the Advisory Committee, the Trustee, Custodian, Participants and Beneficiaries.
Appears in 1 contract
Samples: 401(k) Plan (Firstbank Corp/Id)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will be conclusive upon as to the Employer, parties over which the Plan Administrator, court entering the Advisory Committee, the Trustee, Custodian, Participants and Beneficiariesjudgment has jurisdiction.
Appears in 1 contract
Samples: Employees Plan Trust Agreement (Rotech Healthcare Inc)
PARTIES TO LITIGATION. Except as otherwise provided provided. by ERISA, no Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will shall be conclusive upon the Employer, the Plan Administrator, the Advisory Plan Administrative Committee, the Trustee, Custodian, Participants and Beneficiaries.
Appears in 1 contract
Samples: Employee Stock Ownership Plan and Trust Agreement (Argo Tech Corp)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no --------------------- Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any proceeding will be conclusive upon the Employer, the Plan Administrator, the Advisory Committee, the Trustee, Custodian, Participants and Beneficiaries.
Appears in 1 contract
Samples: 401(k) Volume Submitter Plan and Trust Agreement (Krispy Kreme Doughnuts Inc)
PARTIES TO LITIGATION. Except as otherwise provided by ERISA, no a --------------------- Participant or a Beneficiary is not a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan. Any final judgment entered in any such proceeding will be conclusive binding upon the Employer, the Plan Administrator, the Advisory Committee, the Trustee, Custodian, Participants and BeneficiariesBeneficiaries and upon their successors and assigns.
Appears in 1 contract
