Common use of Continuation of the Trust Clause in Contracts

Continuation of the Trust. Section 1.1. This Trust Agreement relates to the trust, established pursuant to the Plan, that is intended to be tax-exempt under Section 501(a) of the Internal Revenue Code of 1986, as amended (the "Code"). The Company and the Trustee hereby agree that the Trust Fund will continue to be held in trust and administered, invested, and distributed for the benefit of Participants and their Beneficiaries under the terms and conditions of this Trust Agreement. The Company and the Trustee hereby agree that the trust will consist of such contributions of cash and voting common stock or any class of capital stock convertible into voting stock of the Employer ("Company Stock") as shall from time to time be paid to the Trustee under the Plan and such earnings, income and appreciation as may accrue thereon, which, less payments made by the Trustee to carry out the purposes of the Plan, are referred to herein as the "Fund". The Trustee shall carry out the duties and responsibilities herein specified, but shall be under no duty to determine whether the amount of any contribution by the Company or any Participant is in accordance with the terms of the Plan nor shall the Trustee be responsible for the collection of any contributions required under the Plan. Section 1.2. The Fund shall be held, invested, reinvested and administered by the Trustee in accordance with the terms of the Plan and this Agreement solely in the interest of Participants and their Beneficiaries and for the exclusive purpose of providing benefits to Participants and their Beneficiaries and defraying reasonable expenses of administering the Plan. Except as provided in Section 5.2, no assets of the Plan shall inure to the benefit of the Company. Section 1.3. The Trustee shall pay benefits and expenses from the Fund only upon the written direction of the Committee. The Trustee shall be fully entitled to rely on such directions furnished by the Committee, and shall be under no duty to ascertain whether the directions are in accordance with the provisions of the Plan.

Continuation of the Trust. Section 1.1. This Trust Agreement relates to the trust, established pursuant to the Plan, that is intended to be tax-exempt under Section 501(a) of the Internal Revenue Code of 1986, as amended (the "Code"). The Company and the Trustee hereby agree that the Trust Fund will continue to be held in trust and administered, invested, and distributed for the benefit of Participants and their Beneficiaries under the terms and conditions of this Trust Agreement. The Company and the Trustee hereby agree that the trust will consist of such contributions of cash and voting common stock or any class of capital stock convertible into voting stock of the Employer ("Company Stock") Stock as shall from time to time be paid to the Trustee under the Plan and such earnings, income and appreciation as may accrue thereon, which, less payments made by the Trustee to carry out the purposes of the Plan, are referred to herein as the "Fund". The Trustee shall carry out the duties and responsibilities herein specified, but shall be under no duty to determine whether the amount of any contribution by the Company or any Participant is in accordance with the terms of the Plan nor shall the Trustee be responsible for the collection of any contributions required under the Plan. Section 1.2. The Fund shall be held, invested, reinvested and administered by the Trustee in accordance with the terms of the Plan and this Agreement solely in the interest of Participants and their Beneficiaries and for the exclusive purpose of providing benefits to Participants and their Beneficiaries and defraying reasonable expenses of administering the Plan. Except as provided in Section 5.2, no assets of the Plan shall inure to the benefit of the Company. Section 1.3. The Trustee shall pay benefits and expenses from the Fund only upon the written direction of the Committee. The Trustee shall be fully entitled to rely on such directions furnished by the Committee, and shall be under no duty to ascertain whether the directions are in accordance with the provisions of the Plan.