Common use of Payments to Plan Participants and Their Beneficiaries Clause in Contracts

Payments to Plan Participants and Their Beneficiaries. (a) The Company shall provide to the Trustee from time to time and the Trustee shall maintain a schedule (the "Payment Schedule") which indicates the amounts payable in respect of each Plan participant (and his or her beneficiaries), which provides a formula or other instructions for determining the amounts so payable, the form in which such amount is to be paid (as provided for in the Plan), and the time of commencement for payment of such amounts. Except as may be otherwise provided herein, the Trustee shall make payments to the Plan participants and their beneficiaries in accordance with such Payment Schedule. The Trustee shall make provision for the reporting and withholding of any federal, state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been reported, withheld and paid by the Company. Any and all expenses incurred by the Trustee in determining proper tax withholding and filing tax returns shall be deemed a proper expense and payable in accordance with Section 8(c) and (d) below. (b) The entitlement of a Plan participant or his or her beneficiaries to benefits under the Plan shall be determined by the Trustee in accordance with the Payment Schedule and other documents provided to the Trustee by the Company.

Payments to Plan Participants and Their Beneficiaries. (a) The Company shall provide deliver to the Trustee from time to time and the Trustee shall maintain a schedule (the "Payment Schedule") which that indicates the amounts payable in respect of each Plan participant (and his or her beneficiaries), which that provides a formula or other instructions acceptable to Trustee for determining the amounts so payable, the form in which such amount is to be paid (as provided for in or available under the Plan), and the time of commencement for payment of such amounts. Except as may be otherwise provided herein, the Trustee shall make payments to the Plan participants and their beneficiaries in accordance with such Payment Schedule. The Trustee shall make provision for the reporting and withholding of any federal, state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been reported, withheld and paid by the Company. Any and all expenses incurred by the Trustee in determining proper tax withholding and filing tax returns shall be deemed a proper expense and payable in accordance with Section 8(c) and (d) below. (b) The entitlement of a Plan participant or his or her beneficiaries to benefits under the Plan shall be determined by Company or such party as it shall designate under the Trustee Plan, and any claim for such benefits shall be considered and reviewed under the procedures set out in accordance with the Payment Schedule and other documents provided to the Trustee by the CompanyPlan.

Payments to Plan Participants and Their Beneficiaries. (a) The Company Company's Retirement Plans Administrative Committee shall provide have the sole right and authority to administer the Plan and shall be referred to hereafter as the Plan Administrator. (b) The Plan Administrator shall direct the Trustee from time as to time and the Trustee shall maintain when amounts are payable to a schedule (the "Payment Schedule") which indicates the amounts payable in respect of each Plan participant (or the participant's beneficiaries) and his or her beneficiaries), which provides a formula or other instructions for determining the amounts so payable, the form manner in which such amount is amounts shall be paid. Such directions shall be in writing and in a form acceptable to be paid (as provided for in the Plan), and the time of commencement for payment of such amountsTrustee. Except as may be otherwise provided herein, the Trustee shall make payments to the Plan participants and their beneficiaries in accordance with such Payment Schedulethe Plan Administrator's directions. The Trustee shall make provision for the reporting and withholding of any federal, state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been reported, withheld and paid by the Company. Any and all expenses incurred by the Trustee in determining proper tax withholding and filing tax returns shall be deemed a proper expense and payable in accordance with Section 8(c) and (d) below. (bc) The entitlement of a Plan participant or his or her beneficiaries to benefits under the Plan shall be determined by the Trustee Plan Administrator or such party as it shall designate under the Plan, and any claim for such benefits shall be considered and reviewed under the procedures set out in accordance with the Payment Schedule and other documents provided to the Trustee by the CompanyPlan.

Payments to Plan Participants and Their Beneficiaries. (a) The Company shall provide deliver to the Trustee from time to time and the Trustee shall maintain a schedule (the "“Payment Schedule"”) which that indicates the amounts payable in respect of each Plan participant (and his or her beneficiaries), which that provides a formula or other instructions acceptable to Trustee for determining the amounts so payable, the form in which such amount is to be paid (as provided for in or available under the PlanPlans), and the time of commencement for payment of such amounts. Except as may be otherwise provided herein, the Trustee shall make payments to the Plan participants and their beneficiaries in accordance with such the Payment Schedule. The In accordance with the terms of its fee schedule, Trustee shall make provision for the reporting and withholding of any federal, federal or state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan Plans and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been reported, withheld and paid by the Company. Any and all expenses incurred by the Trustee in determining proper tax withholding and filing tax returns shall be deemed a proper expense and payable in accordance with Section 8(c) and (d) below. (b) The entitlement of a Plan participant or his or her beneficiaries to benefits under the Plan Plans shall be determined by Company or such party as it shall designate under the Trustee Plans, and any claim for such benefits shall be considered and reviewed under the procedures set out in accordance with the Payment Schedule and other documents provided to the Trustee by the CompanyPlans.

Payments to Plan Participants and Their Beneficiaries. (a) The Company shall provide to the Trustee from time to time and the Trustee shall maintain a schedule (make the "Payment Schedule") which indicates the amounts payable in respect payments on account of each Participant as set forth in the NON QUALIFIED DEFERRED COMPENSATION PLAN OF FRESH CHOICE, INC. established for the Plan participant participants (and his or her beneficiaries), which provides a formula or other instructions for determining the amounts so payable, the form in which such amount is to be paid (as provided for in the Plan), and at the time of commencement for payment of such amountsamounts as set forth in said Plan. Except as may be otherwise provided herein, the Trustee shall make payments to the Plan participants and their beneficiaries in accordance with the Distribution provisions set forth in the Plan. At the time such Payment Schedule. The payments are made to the Participant, the Trustee shall make provision for the reporting and withholding of any federal, state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan Plan(s) and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been previously reported, withheld and paid by the Company. Any and all expenses incurred by the Trustee in determining proper tax withholding and filing tax returns shall be deemed a proper expense and payable in accordance with Section 8(c) and (d) belowpaid. (b) The entitlement of a Plan participant or his or her beneficiaries to benefits under the Plan Plan(s) shall be determined by Company or such party as it shall designate under the Trustee Plan(s), and any claim for such benefits shall be considered and reviewed under the procedures set out in accordance with the Payment Schedule and other documents provided to the Trustee by the CompanyPlan(s).