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 1.11.1 The Company hereby continues with the Trustee a trust to hold and accept such sums of money and other property acceptable to the Trustee as from time to time shall be paid or delivered to the Trustee (the "Trust"). All such money and other property, all investments and reinvestments made therewith or proceeds thereof and all earnings and profits thereon, less all payments and charges as authorized herein, are hereinafter referred to as the ("Trust Fund"). The Trust Fund shall be held, administered and disposed of by the Trustee in accordance with the provisions of this Trust Agreement. 1.2 It is the intention of the parties that this Trust shall constitute an unfunded arrangement and shall not affect the status of the Plan as an unfunded plan for purposes of Title I of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The Company represents that this Trust is not intended to be and is not subject to Part 4 of Title I of ERISA. 1.3 This Trust Agreement relates to the trust, established pursuant to the Plan, that is intended to be tax-exempt under Section 501(a) a grantor trust, of which the Participating Companies are the grantors, within the meaning of subpart E, part I, subchapter J, chapter 1, subtitle A of the Internal Revenue Code of 1986, as amended (the "Code"), and shall be construed accordingly. The Company parties acknowledge that the Trustee shall hold all assets of all Participating Companies on a commingled basis and the Trustee hereby agree that shall have no ability to identify assets contributed by any particular Participating Company. 1.4 The Trust Fund shall be held separate and apart from other funds of the Participating Companies and shall be used exclusively for the uses and purposes of Trust Beneficiaries and general creditors as herein set forth. Trust Beneficiaries shall have no preferred claim on, or any beneficial ownership interest in, any assets of 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 AgreementFund. 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 Any rights credited under the Plan and such earningsthis Trust Agreement shall be mere unsecured contractual rights of Trust Beneficiaries against each applicable Participating Company. All assets held within the Trust Fund shall be subject to the claims of the Participating Companies' general creditors under federal and state law in the event that a Participating Company is Insolvent, income and appreciation as defined in Section 8.1 hereof. Any assets held within the Trust Fund shall not be subject to the claims of any other person's general creditors, including without limitation, any other affiliates of the Company that may accrue thereon, which, less payments made by the Trustee to carry out the purposes of participate in 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 Plando not hold assets through this Trust. 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.