Examples of Participant Representatives in a sentence
If a majority of the Participant Representatives determine that Proffitt's should seek such no-action letter, Proffitt's shall use its reasonable good faith efforts to seek such no-action letter.
If a majority of the Participant Representatives determine that Proffitt's should not seek such no-action letter, the Participant shall be entitled to exercise such Options on such date, not later than the tenth day following the date of such determination, as Proffitt's and such Participant shall agree.
Any action required or permitted to be taken by the Participant Representatives hereunder or any consent, approval or notice required or permitted to be given by the Participant Representatives hereunder shall be taken or given by a majority of the Participant Representatives.
If, and only to the extent that, a majority of the Participant Representatives and a majority of the members of the Corporation's Board deem such subordination to be in Proffitt's or the Corporation's best interests, the rights of each Participant, Beneficiary and Plan Shareholder hereunder shall be subordinate to the provisions of any loan agreement, note, bond, indenture, debenture, capitalized lease or other evidence of Proffitt's or the Corporation's indebtedness.
The Participant Representatives may by unanimous written agreement irrevocably waive any breach of this Agreement by the Corporation.
If the Board or the Participant Representatives, as the case may be, fails to appoint the Replacement Trustee within the 21 (twenty one) day period, the Trustees then in office shall, in a meeting of Trustees, have the power to appoint the Replacement Trustee.
The Company shall have the right to enforce any provision of this Trust Agreement prior to a Change in Control and, on or after a Change in Control, any Participant shall have the right as a beneficiary of the Trust to enforce all terms and provisions of this Trust Agreement with the same force and effect as if such person were a party hereto, except to the extent actions are required to be taken or consented to by the Participant Representatives.
For this purpose, notice from the Company or Participant Representatives or a report filed with the Securities and Exchange Commission, a public statement issued by the Company, or a periodical of general circulation, including but not limited to The New York Times or the Wall Street Journal, shall be deemed to be a reliable source upon which the Trustee may rely.
However, to facilitate the creation and redemption of Fund shares in-kind, the Authorized Participant Representatives are able to view Fund holdings.
Any agreement on the part of the Company, the Trustee or the Participant Representatives to any such amendment or waiver shall be valid if set forth in an instrument in writing signed on behalf of such party and all of the Participant Representatives.