Common use of LIMITATION OF POWERS OF CERTAIN CUSTODIANS Clause in Contracts

LIMITATION OF POWERS OF CERTAIN CUSTODIANS. If a Custodian is a bank which, under its governing state law, does not possess trust powers, then paragraphs (a), (c), (e), (f), (g) of Section 10.03[B], Section 10.16 and Article XI do not apply to that bank and that bank only has the power and authority to exercise the remaining powers, rights and duties under Section 10.03[B].

Appears in 26 contracts

Sources: Defined Contribution Prototype Plan and Trust Agreement (Direct Focus Inc), Retirement Savings Plan Adoption Agreement (World Acceptance Corp), Discretionary Contribution Plan and Trust Agreement (Hollis Eden Pharmaceuticals Inc /De/)

LIMITATION OF POWERS OF CERTAIN CUSTODIANS. If a Custodian is a bank which, under its governing state law, does not possess trust powers, then paragraphs (a), (c), (e), (f), (g) of Section 10.03[B], Section 10.16 and Article XI do not apply to that bank and that bank only has the power and authority to exercise the remaining powers, rights and duties under Section 10.03[B].. [D] NAMED FIDUCIARY/LIMITATION OF LIABILITY OF NONDISCRETIONARY TRUSTEE OR CUSTODIAN. Under a

Appears in 2 contracts

Sources: Retirement Savings Plan Adoption Agreement (Autobytel Com Inc), Adoption Agreement (Schuler Homes Inc)

LIMITATION OF POWERS OF CERTAIN CUSTODIANS. If a Custodian is a bank which, under its governing state law, does not possess trust powers, then paragraphs (a), (c), (e), (f), (g) of Section 10.03[B]10.03(B), Section 10.16 and Article XI do not apply to that bank and that bank only has the power and authority to exercise the remaining powers, rights and duties under Section 10.03[B].

Appears in 1 contract

Sources: Defined Contribution Prototype Plan and Trust Agreement (Midcoast Energy Resources Inc)

LIMITATION OF POWERS OF CERTAIN CUSTODIANS. If a Custodian is a bank which, under its governing state law, does not possess trust powers, then paragraphs (a), (c), (e), (f), (g) of Section 10.03[B], Section 10.16 10.16, and Article XI do not apply to that bank and that bank only has the power and authority to exercise the remaining powers, rights and duties under Section 10.03[B].

Appears in 1 contract

Sources: Adoption Agreement (Motor Cargo Industries Inc)