Trustee Appointment. (a) Prior to the consummation of the transactions contemplated by the Merger Agreement (the “Merger”), the EnCap Funds agree to appoint a trustee (the “Trustee”) to exercise any voting rights attached to the shares of Class A common stock of Permian and shares of Class C Common stock of Permian (collectively, the “Permian Shares”) to be received by the EnCap Funds in connection with the consummation of the Merger. The EnCap Funds shall take reasonable steps to ensure that the Trustee is independent of the EnCap Funds and Earthstone.
(b) The EnCap Funds shall (i) grant to the Trustee the sole right to exercise any voting rights attached to the Permian Shares and (ii) direct the Trustee to vote the Permian Shares in an amount and in a manner proportional to the vote of all other Permian shareholders entitled to vote on a particular matter; provided, however, EnCap shall not be required to give the Trustee the power and authority to sell the Permian Shares.
Trustee Appointment. The Company has taken all necessary corporate action to appoint GreatBanc Trust Company as trustee of the Trust.
Trustee Appointment. In the event that a bank or trust company shall have been appointed as trustee for the Holder of this Warrant and any other securities of the Company pursuant to Section 3.2 hereof, such bank or trust company shall have all the powers and duties of a warrant agent and shall accept, in its own name for the account of the Company or such successor person as may be entitled thereto, all amounts otherwise payable to the Company or such successor, as the case may be, upon the exercise of this Warrant.
Trustee Appointment. The Trustees may appoint one or more Investment Managers, qualified pursuant to provisions of Section 3 (38)(B) of ERISA and who shall, before assuming any duties or authority hereunder, acknowledge in writing that he is a fiduciary with respect to the Retirement Plan, to manage and control all or part of the Trust Fund with power to direct the acquisition and disposition of such assets. An Investment Manager shall have the responsibility to implement the policy for the funding of the Retirement Plan as developed by the Trustees and communicated to the Investment Manager in writing. An Investment Manager so appointed shall serve at the pleasure of the Trustees, but may resign, by written resignation directed to the Trustees, at any time.
Trustee Appointment. American Century Investments cannot serve as Trustee. You should appoint more than one Trustee. To designate multiple Trustees, copy this page and complete Part A.1. for each Trustee.
a. Trustee (Select one.) Option 1: Financial Organization as Trustee. Suboption (a): Plan assets are invested solely in annuity contracts or insurance policies provided by an Insurer. Suboption (b): This Plan is exempt from the trust requirements under ERISA section 403 (e.g., the Plan covers one or more self-employed individuals as defined in Code section 401(c)(1)).
Trustee Appointment. Option 1: þ Financial Organization as Trustee Option 2: ¨ Individual Trustee(s) The Trustee of this Plan shall be a: þ Directed Trustee ¨ Discretionary Trustee Name of Trustee Vanguard Fiduciary Trust Company Address P.O. Box 2900, Valley Forge, PA 19482 Telephone (000) 000-0000 Signature _______________________________________________ Title Xxxx X. Xxxxxx, Principal Name of Trustee ___________________________________________________________________________________ Address_________________________________________________________________________________________ Telephone_______________________________________________________________________________________ Signature _______________________________________________ Title ___________________________________ Name of Trustee ___________________________________________________________________________________ Address_________________________________________________________________________________________ Telephone ________________________________________________________________________________________ Signature _______________________________________________ Title ___________________________________ Name of Trustee ___________________________________________________________________________________ Address __________________________________________________________________________________________ Telephone ________________________________________________________________________________________ Signature _______________________________________________ Title ___________________________________
Trustee Appointment a. Trustee
Trustee Appointment. A trustee, receiver, agent, liquidator or sequestrator (however named) is appointed or authorized to take charge of all or substantially all of the property of the Seller for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of creditors and such appointment or authorization is consented to by the Seller or is not overturned within ninety (90) days;
Trustee Appointment. Customer applies for, acquiesces in or consents to the appointment of any receiver, trustee or other custodian for it or for all or any substantial part of its property; or such receiver, trustee or other custodian is appointed without its application or consent and such appointment continues non-discharged for a period of 60 days;
Trustee Appointment. STS applies for, acquiesces in or consents to the appointment of any receiver, trustee or other custodian for it or for all or any substantial part of its property; or such receiver, trustee or other custodian is appointed without its application or consent and such appointment continues non-discharged for a period of 60 days; or
