Common use of Establishment and Title of the Trust Clause in Contracts

Establishment and Title of the Trust. 1.1 The Company hereby establishes with the Trustee a trust to be known as the "ITT Excess Benefit Plan Trust" (hereinafter referred to as the "Trust"), consisting of such sums of money and other property acceptable to the Trustee as from time to time shall be paid or delivered to the Trustee. 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 by the Trustee IN TRUST and shall be dealt with in accordance with the provisions of this Trust Agreement; provided, however, that the Company shall at all times have the power to reacquire the Trust Fund by substituting readily marketable securities of an equivalent value, net of any costs of disposition, and such other property shall, following such substitution, constitute the Trust Fund. The Trust Fund shall be held for the exclusive purpose of providing payments to Members and defraying reasonable expenses of administration in accordance with the provisions of this Trust Agreement until all such payments required by this Trust Agreement have been made; provided, however, that the Trust Fund shall at all times be subject to the claims of creditors of the Company and its subsidiaries who have reduced such claims to judgment and levied execution of such judgments against the Trust Fund in accordance with due process of law.

Establishment and Title of the Trust. 1.1 The Company hereby establishes with the Trustee a trust Trust to be known as the "ITT Excess Benefit National Fuel Gas Company and Participating Subsidiaries 1996 Executive Retirement Plan TrustTrust (II)" (hereinafter referred to as the "Trust"), consisting of such sums of money and other property acceptable to the Trustee as from time to time shall be paid or delivered to the Trustee. 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 by the Trustee IN TRUST and shall be dealt with in accordance with the provisions of this Trust Agreement; provided, however, that the Company shall at all times have the power to reacquire the Trust Fund by substituting readily marketable securities of an equivalent value, net of any costs of disposition, and such other property shall, following such substitution, constitute the Trust Fund. The Upon the occurrence of a Change in Control, as defined below, but not at any time prior thereto, the Trust Fund shall shall, subject to Section 3.2, be held for the exclusive purpose of providing payments to Members and defraying reasonable expenses of administration in accordance with the provisions of this Trust Agreement until all such payments required by this Trust Agreement have been made; provided, however, that the Trust Fund shall at all times be subject to the claims of creditors of the Company and its subsidiaries who have reduced such claims to judgment and levied execution of such judgments against the Trust Fund in accordance with due process of law.

Establishment and Title of the Trust. 1.1 The Company hereby establishes with the Trustee a trust to be known as the "ITT Excess Benefit Plan Trust" (hereinafter referred to as the "Trust"), consisting of to accept such sums of money and other property property, including without limitations one or more insurance or annuity contracts, acceptable to the Trustee as from time to time shall may be paid or delivered to the Trustee. The Company in its sole discretion, may, at any time, or from time to time, make additional deposits of cash or property to the trust. Neither the Trustee nor any Plan participant or beneficiary shall have a right to compel such additional deposits. All such money and other property, all investments and reinvestments made therewith or proceeds thereof and all earnings and profits thereonthereon that are not paid to the Company as provided in Section 7.1 of this Trust Agreement, less all payments and charges as authorized herein, are hereinafter referred to as the "Trust Fund." The Trust Fund shall be held by the Trustee IN TRUST and shall be dealt with administered in accordance with the provisions of this Trust Agreement; provided, however, that the Company shall at all times have the power to reacquire the Trust Fund by substituting readily marketable securities of an equivalent value, net of any costs of disposition, and such other property shall, following such substitution, constitute the Trust Fund. The Trust Fund shall be held for the exclusive purpose of providing payments to Members the participants of the Plan and their beneficiaries and defraying reasonable expenses of administration in accordance with the provisions of this Trust Agreement until all such payments required by this Trust Agreement have been made; provided, however, that the Trust Fund shall at all times be subject to the claims of the creditors of the Company and its subsidiaries who have reduced such claims to judgment and levied execution as set forth in Section 8 of such judgments against the this Trust Fund in accordance with due process of lawAgreement.