Common use of PARTIES TO LITIGATION Clause in Contracts

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: Direct Focus Inc, Adoption Agreement (Motor Cargo Industries Inc), Adoption Agreement (Checkfree Corp \Ga\)

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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 (Channell Commercial Corp), Adoption Agreement (Ifb Holdings Inc), Trust Agreement (High Country Bancorp 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 5 contracts

Samples: Participation Agreement (Petco Animal Supplies Inc), Defined Contribution Prototype Plan and Trust Agreement (MSC Software Corp), Trimeris 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 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: Conagra Inc /De/, Summit Care Corp, Summit Care 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 3 contracts

Samples: Contribution Master Plan and Trust Agreement (Modine Manufacturing Co), Contribution Master Plan and Trust Agreement (Modine Manufacturing Co), 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: Adoption 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 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: Plan and Trust (Krispy Kreme Doughnuts 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: Trust Agreement (Rotech Healthcare 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 Beneficiariesjudgment has jurisdiction.

Appears in 1 contract

Samples: Trust Agreement (Rotech Healthcare Inc)

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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

Samples: Adoption Agreement (Gold Banc Corp 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 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: Savings Plan and Trust Agreement (Wells Fargo & Co/Mn)

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: Argo Tech 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 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: Ownership Plan and Trust Agreement (PBSJ Corp /Fl/)

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: Firstbank Corp/Id

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