Independent Fiduciary definition

Independent Fiduciary means an independent fiduciary who will serve as a fiduciary to the Plan in accordance with Article 3 that has no relationship or interest in any of the Settling Parties and is mutually agreed to by the Settling Parties.

Independent Fiduciary is defined in the preamble.

Independent Fiduciary means Fiduciary Counselors Inc., which has no relationship to any of the Settling Parties and will serve as an independent fiduciary to the Plan to approve and authorize the settlement of Released Claims on behalf of the Plan in accordance with Section 2.1.

Examples of Independent Fiduciary in a sentence

• The Independent Fiduciary shall have approved and authorized in a written report the Settlement in accordance with Prohibited Transaction Exemption 2003-39, “Release of Claims and Extensions of Credit in Connection with Litigation,” issued December 31, 2003, by the United States Department of Labor, 68 Fed.

• Defendant and Class Counsel will comply with reasonable requests for non- privileged information made by the Independent Fiduciary that are for the purpose of reviewing and evaluating the Settlement Agreement.

• Such amount shall, in the first instance, be used to pay the Independent Fiduciary Fees and Costs and Settlement Administration expenses actually and reasonably incurred.

• The Total Settlement Payment specifically satisfies any and all claims for costs and attorneys’ fees by Class Counsel, Case Contribution Award(s) to Named Plaintiffs, Settlement Administration Expenses, Independent Fiduciary Fees and Costs, and Taxes, in addition to any amounts to be distributed to Settlement Class members pursuant to this Settlement Agreement.

• The Independent Fiduciary shall acknowledge in writing that it is a fiduciary with respect to the Settlement of this Action on behalf of the Plan.

More Definitions of Independent Fiduciary

Independent Fiduciary means the person or entity selected by the Company to serve as an independent fiduciary with respect to the Settlement Agreement for the purpose of rendering the determination described in Section 2.2 herein.

Independent Fiduciary means the person or persons designated as such in Section 6.8 of the Plan.

Independent Fiduciary means a fiduciary retained pursuant to Section 3.6 and that has no “relationship to” or “interest in” (as those terms are used in the Class Exemption referred to in Section 3.6) any of the Parties.

Independent Fiduciary means Evercore Trust Company or another independent fiduciary, who is a fiduciary to the Plans that has no relationship to or interest in any of the Settling Parties and is mutually agreed to by the Settling Parties.

Independent Fiduciary means a person or entity who is not an employee or officer of the Company or its Affiliates who is appointed by the Company pursuant to Section 12.07 to perform the functions described therein.

Independent Fiduciary means Fiduciary Counselors, Inc.

Independent Fiduciary means: a Plan fiduciary retained at the Company’s expense that has no “relationship to” or “interest in” (as those terms are used in the Class Exemption) any of the Settling Parties.