Plan Participants. Other than to the extent required in order for the Company to comply with Applicable Law, rule or regulation, the Investor shall not be required or requested to provide any information or document to any person or entity with respect to the members, retirees, participants, or beneficiaries of the University of California Retirement Plan in connection with or pursuant to the Company Documents or otherwise. The Investor makes no representations or warranties with respect to any of the members, retirees, participants, or beneficiaries of the University of California Retirement Plan, and for the avoidance of doubt, for purposes of the representations and warranties made by the Investor in the Subscription Agreement, none of the members, retirees, participants, or beneficiaries of the University of California Retirement Plan will be deemed to be beneficial owners of the Investor’s interest in the Company and, rather the Investor shall be deemed to be the beneficial owner for such purposes.
Plan Participants. Prior to or at Closing, all of the participants in the Plans shall enter into a full and complete release of M&EC, Perma-Fix and plan fiduciaries from any ERISA M&EC Liability and/or ERISA PDC/MTI Liability to the satisfaction of Perma-Fix in its sole discretion.
Plan Participants. (a) The Employer shall determine which of its employees are eligible to participate in the Plan, and the effective date of participation, and the date on which such employee ceases to be an active participant in the Plan.
Plan Participants. Only Employees are eligible for participation in, and participate in, the Pension Plans known as the "Staff Pension Plan for Employees of S-S Technologies Inc. & Affiliated Companies".
Plan Participants. For the avoidance of doubt, ORCIC and the Company agree that, in light of OSTRS’s status as a public pension plan established under the laws of the State of Ohio whose plan participants and pension beneficiaries do not have individual investment discretion, ownership interests or property rights with respect to OSTRS’s investment in the Company, OSTRS’s plan participants and beneficiaries (a) are not beneficial owners of OSTRS, and (b) will be deemed not to have a beneficial interest or economic interest in the Interest. For the avoidance of doubt, OSTRS makes no representations or warranties herein regarding its plan participants or beneficiaries and in no event shall have any obligation to deliver any information or documents to the Company, ORCIC, their affiliates or any lender to the Company, concerning (i) OSTRS’s plan participants or beneficiaries, or (ii) non-public information concerning OSTRS’s Retirement Board.
Plan Participants. The Customer hereby represents and warrants with respect to DC type Plans that (i) Participants and Beneficiaries have individual accounts under the applicable Plan; (ii) the Customer, and not the Bank, is responsible for establishing and maintaining the individual accounts; reconciling the aggregate balances of the individual accounts with Asset holdings reflected in Account statements; selecting and monitoring any forfeiture fund for the Plan and any investment alternatives (including default investment alternatives) into which Participants or Beneficiaries may direct the investment of assets held in, or contributed to, their individual accounts; and disclosing any plan-related, investment-related, or fee-and-expense information required to be disclosed to Participants or Beneficiaries. The Customer hereby acknowledges that (i) the Bank holds Assets on an omnibus basis, and the Bank does not know whether or how Assets are allocated among individual accounts; (ii) the Bank’s duties with respect to investing assets ultimately held in individual accounts are limited to implementing investment directions received on an omnibus basis from the Customer or the Investment Manager; and (iii) and the Bank is not undertaking to provide Investment Advice or to give advice in a fiduciary capacity with respect to such selection or monitoring.
Plan Participants. “Plan Participants” shall mean the individuals that have been granted awards under the Phantom Stock Plan.
Plan Participants. The term “
