Common use of Persons to Receive Payment Clause in Contracts

Persons to Receive Payment. (a) The Trustee shall, except as otherwise provided in Article XI, Section 4.2(d) and Subsection (b) hereunder, pay all amounts payable hereunder only to the person or persons designated under the Plans or deposit such amounts to the Participant's checking or savings account as directed by Employer and not to any other person or corporation, and only to the extent of assets held in the Trust, and shall follow written instructions by Employer. Prior to a Change of Control, Employer's written instructions, to the Trustee to make distributions or not to make distributions, and the amount thereof, shall be conclusive on all Participants. Upon and following a Change of Control, distributions shall be made in accordance with Section 4.7 of this Trust Agreement. (b) Should any controversy arise as to the person or persons to whom any distribution or payment is to be made by the Trustee, or as to any other matter arising in the administration of the Plans or Trust, the Trustee may retain the amount in controversy pending resolution of the controversy or the Trustee may file an action seeking declaratory relief and/or may interplead the Trust assets in issue, and name as necessary parties Employer, the Participants and/or any or all persons making conflicting demands. (c) The Trustee shall not be liable for the payment of any interest or income, except for that earned as a Trust investment, on any amount withheld or interpleaded under subsection (b). (d) The reasonable expenses of the Trustee for taking any action under subsection (b) shall be paid to the Trustee by Employer, but if Employer fails to pay such expenses within thirty (30) days of receipt of an invoice from the Trustee, then such expenses shall be paid to the Trustee from the Trust.

Appears in 2 contracts

Samples: Rabbi Trust Agreement (Itla Capital Corp), Rabbi Trust Agreement (Itla Capital Corp)

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Persons to Receive Payment. (a) The Trustee, upon the written direction of the Administrator or by any other method authorized by the Administrator and agreed to by the Trustee, shall make distributions from the Trust Fund to such persons, in such manner, in such amounts (but not exceeding the then value of the Trust Fund), and for such purposes as may be specified in the direction of the Administrator. The Trustee shall, except as otherwise provided in Article XI, Section 4.2(d) and Subsection (b) hereunderbelow, pay all amounts payable hereunder only to to, or for the benefit of, the person or persons designated under the Plans Plan or deposit such amounts to the ParticipantMember's, former Member's or Beneficiary's checking or savings account or Individual Retirement Account as directed by Employer the Administrator and not to any other person or corporation, and only to the extent of assets held in the Trust, and shall follow written Trust for the benefit of the Member or former Member. The Administrator's instructions by Employer. Prior to a Change of Control, Employer's written instructions, to the Trustee to make distributions or not to make distributions, and the amount thereof, shall be conclusive on all Participants. Upon parties, including but not limited to Members, former Members and following a Change of Control, distributions shall be made in accordance with Section 4.7 of this Trust AgreementBeneficiaries. (b) Should In the event any controversy shall arise as to the person or persons to whom any distribution or payment is to be made by the Trustee, or as to any other matter arising in the administration of the Plans Plan or Trust, the Trustee may retain the amount in controversy pending resolution of the controversy or the Trustee may file an action seeking declaratory relief and/or may interplead the Trust assets Assets or funds in issue, and name as necessary parties Employer, the Participants Employer and/or any or all persons making conflicting demands. (c) The Whether a distribution or payment check has been issued or not, the Trustee shall not be liable for the payment of any interest or income, except for that earned as a Trust investment, income on any amount paid or withheld or interpleaded under subsection (b). (d) The reasonable expenses of the Trustee for taking any action under subsection (b) shall be paid charged by the Trustee to the Trustee Trust, unless paid by Employer, but if Employer fails to pay such expenses the Sponsor within thirty (30) days of receipt the billing of an invoice from the Trustee, then such expenses shall be paid to the Trustee from the Trustamount.

Appears in 1 contract

Samples: Trust Agreement (Mens Wearhouse Inc)

Persons to Receive Payment. (a) The Trustee shall, except as otherwise provided in Article XI, Section 4.2(d) and Subsection (b) hereunderbelow, pay all amounts payable hereunder only to to, or for the benefit of, the person or persons designated under the Plans Plan or deposit such amounts to the Participant's or Beneficiary's checking or savings account or individual Retirement Account as directed by Employer the Administrator and not to any other person or corporation, and only to the extent of assets held in the Trust, and shall follow written Trust for the benefit of the Participant. The Administrator's instructions by Employer. Prior to a Change of Control, Employer's written instructions, to the Trustee to make distributions or not to make distributions, and the amount thereof, shall be conclusive on all Participants. Upon parties, including but not limited to Participants and following a Change of Control, distributions shall be made in accordance with Section 4.7 of this Trust AgreementBeneficiaries. (b) Should In the event any controversy shall arise as to the person or persons to whom any distribution or payment is to be made by the Trustee, or as to any other matter arising in the administration of the Plans Plan or Trust, the Trustee may retain the amount in controversy pending resolution of the controversy or the Trustee may file an action seeking declaratory relief and/or may interplead the Trust assets Assets or funds in issue, and name as necessary parties Employer, the Participants Employer and/or any or all persons making conflicting demands. (c) The Whether a distribution or payment check has been issued or not, the Trustee shall not be liable for the payment of any interest or income, except for that earned as a Trust investment, income on any amount paid or withheld or interpleaded under subsection (b). (d) The reasonable expenses of the Trustee for taking any action under subsection (b) shall be paid charged by the Trustee to the Trustee Trust, unless paid by Employer, but if the Employer fails to pay such expenses within thirty (30) days of receipt the billing of an invoice from the Trustee, then such expenses shall be paid to the Trustee from the Trustamount.

Appears in 1 contract

Samples: Trust Agreement (MSC Software Corp)

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Persons to Receive Payment. (a) The Trustee shall, except as otherwise provided in Article XI, Section 4.2(d) and Subsection (b) hereunderbelow, pay all amounts payable hereunder only to to, or for the benefit of, the person or persons designated under the Plans Plan or deposit such amounts to the Participant's ’s or Beneficiary’s checking or savings account or Individual Retirement Account as directed by Employer the Administrator and not to any other person or corporation, and only to the extent of assets held in the Trust, and shall follow written Trust for the benefit of the Participant. The Administrator’s instructions by Employer. Prior to a Change of Control, Employer's written instructions, to the Trustee to make distributions or not to make distributions, and the amount thereof, shall be conclusive on all Participants. Upon parties, including but not limited to Participants and following a Change of Control, distributions shall be made in accordance with Section 4.7 of this Trust AgreementBeneficiaries. (b) Should In the event any controversy shall arise as to the person or persons to whom any distribution or payment is to be made by the Trustee, or as to any other matter arising in the administration of the Plans Plan or Trust, the Trustee may retain the amount in controversy pending resolution of the controversy or the Trustee may file an action seeking declaratory relief and/or may interplead the Trust assets Assets or funds in issue, and name as necessary parties Employer, the Participants Employer and/or any or all persons making conflicting demands. (c) The Whether a distribution or payment check has been issued or not, the Trustee shall not be liable for the payment of any interest or income, except for that earned as a Trust investment, income on any amount paid or withheld or interpleaded under subsection (b). (d) The reasonable expenses of the Trustee for taking any action under subsection (b) shall be paid charged by the Trustee to the Trustee Trust, unless paid by Employer, but if the Employer fails to pay such expenses within thirty (30) days of receipt the billing of an invoice from the Trustee, then such expenses shall be paid to the Trustee from the Trustamount.

Appears in 1 contract

Samples: Trust Agreement (Unified Western Grocers Inc)

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