Termination Affidavit definition
Examples of Termination Affidavit in a sentence
Without limiting the generality of the foregoing, the Trustee may conclusively presume that each instruction or direction it receives from the Company, the Administrator, or the Recordkeeper is in compliance with Section 409A of the Code, and that each Payment Schedule and Termination Affidavit is in compliance with Section 409A of the Code.
Sellers shall deliver to Title Insurer an original signed and notarized Termination Affidavit relative to such Lease in the form agreed upon with Title Insurer to enable Title Insurer to delete this exception.
Promptly upon receipt thereof, the Trustee shall mail a copy of the Termination Affidavit to the Company.
The Trustee, solely out of the Trust Fund and with no obligation otherwise to make any payment, shall, as soon as administratively practicable and in conformity with the instructions set forth in the Payment Schedule, make payments to such Participant or Beneficiary at the times and in the manner set forth in the Payment Schedule last received by the Trustee with respect to such Participant or Beneficiary and consistent with the information set forth in the Termination Affidavit.
If, however, Omega has delivered a Termination Affidavit, subject to Telerate's right to deliver a Counter Affidavit, Escrow Agent shall return the Escrowed Code to Omega promptly following the fifth (5th) business day following the delivery of the Termination Affidavit.
The Trustee may rely and shall be fully protected in relying on the contents of a Termination Affidavit and all documentation and other information provided to it by the Company or the Administrator for all purposes under this Trust Agreement as if the applicable Plan were deemed funded and the Company and the Administrator were "named fiduciaries" as such term is defined in Section 402(a)(2) of ERISA.
The Trustee may rely and shall be fully protected in relying on the contents of a Termination Affidavit and all documentation and other information provided to it by the Company or the Administrator for all purposes under this Trust Agreement as if the applicable Plan were deemed funded and the Company and the Administrator were “named fiduciaries” as such term is defined in Section 402(a)(2) of ERISA.
The Escrow Amount shall be paid to Seller on, or immediately after, the Termination Date (as extended pursuant to Section 1.2. g) so long as (i) Buyer shall have received an acceptable Termination Affidavit, and (ii) there shall have been no breach of any of the representations and warranties of Seller as set forth in Article 3.
Cure: Sellers shall deliver to Title Insurer an original signed and notarized Termination Affidavit relative to such Lease in the form agreed upon with Title Insurer to enable Title Insurer to delete this exception.
Unless the Company objects in writing within 30 days after such mailing, The Trustee may rely and shall be fully protected in relying on the contents of a Termination Affidavit and all documentation and other information provided to it by the Company or the Administrator for all purposes under this Trust Agreement as if the Plan were deemed funded and the Company and the Administrator were “named fiduciaries” as such term is defined in ERISA.