Amendments in General. The Company may, in its sole discretion, from time to time amend, in whole or in part, any or all of the provisions of this Trust Agreement, including, without limitation, by adding to, or subtracting from, Schedule A hereto one or more employee benefit plans (within the meaning of Section 3(3) of ERISA) or plans or arrangements that are not employee benefit plans (within the meaning of such Section); PROVIDED, that (a) in making any modification to Schedule A hereto, the Company shall act in good faith taking into account the best interests of a broad cross-section of Employees, and (b) the Company shall ensure that at all times Schedule A shall include (i) the employee benefit plans included as items 6 and 7 under the list of Plans and Benefits on Schedule A hereto on the Effective Date, and (ii) at least one employee benefit plan that is not an employee benefit plan within the meaning of Section 3(3)
Appears in 2 contracts
Sources: Trust Agreement (Kaufman & Broad Home Corp), Trust Agreement (Wachovia Corp/ Nc)