Common use of Powers of the Trustee Clause in Contracts

Powers of the Trustee. Subject to this Article, Article V and Sections 9.1 and 9.2 and in addition to the powers generally given to trustees by law, the Trustee may: (a) Invest and reinvest the Trust Fund in securities or other property, real or personal, wherever located, and whether or not productive of income, which the Trustee believes advisable, including capital, common and preferred shares of stock (including, if directed by the Company, investment of up to 10% of the Trust Funds in shares of stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the Trustee), personal, corporation and governmental obligations, whether or not secured; mortgages, leaseholds, fees and other interests in realty; oil, gas or mineral properties, rights, royalties, payments or other interests in that property; contracts, conditional sale agreements, choses in action; trust and participation certificates, or other evidences of ownership, part ownership, interest or part interest. Except as provided in Section 8.2, the Trustee will not be limited or restricted by any statute or rule of law, now or hereafter in effect, governing trust investments, and may invest and reinvest through the medium of any combined, common, collective or commingled trust fund or funds maintained by the Trustee or any entity related through common ownership with the Trustee, the terms of which are incorporated into this Trust, or commingle and invest the Trust Fund with other trust funds created by the Company under other trusts. An investment will not be improper or imprudent merely because the Trustee participated in the issuance, underwriting or original sale of the acquired property or because the proceeds were to be used to satisfy obligations of the issuer or seller to the Trustee. (b) Form or acquire an interest in a corporation or make use of a corporation for the purpose of investing in and holding title to any property. (c) Except as limited by Section 8.2, hold property in the form received (including shares of stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the Trustee) for as long as the Trustee believes advisable, regardless of the character of that property, and regardless of whether its acquisition by a trustee is authorized by law. (d) Sell or contract to sell, exchange or otherwise dispose of or grant options on any asset of the Trust Funds, at public auction, by private contract, pursuant to option, or otherwise, upon terms and conditions which at the time the Trustee believes appropriate, and make, execute and deliver instruments necessary or proper to complete the transaction. (e) Hold in its own or in nominee name any asset of the Trust Funds. (f) Exercise or sell, for adequate consideration, conversion or subscription rights under any Trust Fund asset, and use that portion of the Trust Funds necessary to exercise those rights. (g) Vote or refrain from voting all shares of stock or securities (including, at the direction of the investment committee established under the Company's Retirement Plan, shares of stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the Trustee) in person or by proxy (including special, limited or general proxies, with or without power of substitution) and, as stock or security holder, execute and deliver proxies to one or more nominees. The Trustee may dissent from or consent to, approve, authorize, and become a party to any reorganization, consolidation, merger, sale or lease of corporate property or other corporate readjustment, including dissolution or liquidation, and execute appropriate instruments. In participating in any corporate action, the Trustee may act as if it is the absolute owner of the shares of stock or securities and may deposit those certificates of ownership with any committee or depository designated in the plan or agreement governing that corporate action, and pay from the Trust Fund any charges or assessments imposed by that plan or agreement and may accept and continue to hold any property received by reason of participation in that corporate action. (h) Borrow money for Trust purposes in amounts, from any person (except itself) and on the terms and conditions which the Trustee deems advisable. The Trustee will issue its promissory note as Trustee and secure repayment by mortgaging, pledging or otherwise hypothecating all or any part of the Trust Funds (including, if directed by the Company, shares of stock and other securities issued by the Company or any entity related through common ownership to the Trustee). (i) Establish whether any trust asset is to be treated as principal or income and charge or apportion expenses, taxes and losses to principal or income, as the Trustee believes appropriate. However, gains or profits arising from the sale or other disposition of assets will become a part of principal, and the Trustee will not be required to set aside any part of income to absorb or make good any losses arising from the disposition of any asset. Moreover, all liquidating payments or liquidating dividends will become part of principal and stock dividends will be allocated to principal or income depending on the type of distribution represented by the dividend; regular or ordinary cash dividends always will be treated as income. Also, the Trustee need not amortize any premium paid to acquire property or to set aside any part of the income to absorb a premium; if the Trustee acquires any investment at a discount or at a price less than par value, it need not treat or accrue that discount as income. (j) Modify the terms of any obligation forming part of the Trust Funds, and release any security for or guaranty of any obligation; foreclose any mortgage securing any obligation, and purchase the mortgaged property at the foreclosure sale, or acquire the property by deed, conveyance or assignment from the mortgagor without foreclosure, and retain property bought in under foreclosure or acquired without foreclosure and dispose of it on the terms and conditions which the Trustee believes appropriate. (k) Abandon, adjust, arbitrate, compromise, or otherwise settle any obligation or liability due to or from it as Trustee, including any tax claim, and/or enforce or contest any claim in legal or administrative proceedings. The Trustee will not be required to contest any claim unless it has been indemnified against the costs and expenses of that action or unless available Trust Fund assets are sufficient to pay those expenses. (l) Hire and compensate, from the Trust Funds, agents, accountants, brokers and counsel (who may be counsel for the Company) and other assistants and advisors which it believes are necessary or desirable for the proper administration of the Trust Fund. (m) Temporarily deposit uninvested funds in a commingled temporary deposit medium which is composed of certificates of deposit or other obligations issued by the Trustee, or a cash management fund maintained by the Trustee. (n) Do all other acts, not specifically mentioned above which are necessary to administer the Trust Fund and to carry out the purposes of the Trust.

Powers of the Trustee. Subject to this Article, Article V and Sections 9.1 and 9.2 and in addition The Trustee will not have any discretion or authority with regard to the powers generally given investment of the Trust Fund, but must act solely as a directed trustee of the funds contributed to trustees by lawit. As a directed trustee, the Trustee may:is authorized and empowered, by way of limitation, with the following powers, rights and duties, each of which the nondiscretionary Trustee exercises solely in accordance with the written direction of the Administrator, its delegate, properly authorized participants (as described in Article 2.3), or a properly appointed Investment Manager (as described in Article 2.4): (a) Invest and reinvest To invest any part or all of the Trust Fund in securities common stock, preferred stock, convertible preferred stock, bonds, debentures, convertible debentures and bonds, mortgages, notes, time certificates of deposit, commercial paper and other evidences of indebtedness (including those of the Trustee, The ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Corporation (the “Public Company”), the Broker/Dealer, their affiliates and subsidiaries, to the extent permitted under applicable laws), other securities, annuity contracts, mutual funds (including those advised by the Trustee or its affiliate(s), to the extent permitted by law, for which the Company hereby acknowledges that the Trustee or its affiliate(s) receives a fee), covered calls and protective puts, U.S. Treasury notes and any other propertydirect or indirect obligations of the United States government or its agencies, real or other property of any kind (personal, wherever locatedreal, or mixed, and whether tangible or not productive intangible), collective investments (as described in Article 3.2), insurance contracts of incomeany type (as described in Article 3.3), limited partnerships (if provided with documentation which the Trustee believes advisablein its sole discretion deems adequate), including capital, common and preferred shares of stock (including, if directed by the Company, investment of up to 10% of the Trust Funds in shares of stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the TrusteeCompany (as described in Article 3.4), personal, corporation and governmental obligations, whether or not secured; mortgages, leaseholds, fees and to make any other interests in realty; oil, gas or mineral properties, rights, royalties, payments or other interests in that property; contracts, conditional sale agreements, choses in action; trust and participation certificates, or other evidences of ownership, part ownership, interest or part interest. Except investments as provided in Section 8.2, the Trustee will not be limited or restricted by any statute or rule of law, now or hereafter in effect, governing trust investments, and may invest and reinvest through the medium of any combined, common, collective or commingled trust fund or funds maintained by the Trustee or any entity related through common ownership with the Trustee, the terms of which are incorporated into this Trust, or commingle and invest the Trust Fund with other trust funds created by the Company under other trusts. An investment will not be improper or imprudent merely because the Trustee participated in the issuance, underwriting or original sale of the acquired property or because the proceeds were to be used to satisfy obligations of the issuer or seller to the Trusteedirected. (b) Form To collect income generated by the Trust Fund investments and proceeds realized on the sale or acquire an interest disposition of assets and to hold the same pending reinvestment or distribution in a corporation or make use of a corporation for the purpose of investing in and holding title to any property.accordance with this Agreement; (c) Except as limited by Section 8.2, hold To register Trust Fund property in the form received (including shares Trustee’s own name, in the name of stock and other securities issued by the Companya nominee or in bearer form, the Trustee or any entity related through common ownership to provided the Trustee) for as long as the Trustee believes advisable, regardless ’s records and accounts show that such property is an asset of the character of that property, and regardless of whether its acquisition by a trustee is authorized by law.Trust Fund; (d) Sell To deposit securities in a security depository and permit the securities so deposited to be held in the name of the depository’s nominee, and to deposit securities issued or contract to sellguaranteed by the U.S. Government or any agency or instrumentality thereof, exchange including securities evidenced by book entry rather than by certificate, with the U.S. Department of the Treasury, a Federal Reserve Bank or otherwise dispose of or grant options on any asset other appropriate custodial entity, in the same account as the Trustee’s own property, provided the Trustee’s records and accounts show that such securities are assets of the Trust Funds, at public auction, by private contract, pursuant to option, or otherwise, upon terms and conditions which at the time the Trustee believes appropriate, and make, execute and deliver instruments necessary or proper to complete the transaction.Fund; (e) Hold To retain the property in its own or in nominee name any asset of the Trust Funds.Trust; (f) Exercise To sell Trust assets, at either public or sellprivate sale, at such time or times and on such terms and conditions as it may deem appropriate; (g) To consent to or participate in any plan for adequate considerationthe reorganization, conversion consolidation, or subscription rights under merger of any business unit, any security of which is held in the Trust Fund, to pay calls and assessments imposed upon the owners of such securities as condition of their participating therein, and to consent to any contract, lease, mortgage, purchase or sale of property, by or between such business unit and any other party; (h) To renew or extend the time of payment of any obligation due or becoming due; (i) To compromise, arbitrate (subject to the restrictions of Article 9.5), or otherwise adjust or settle claims in favor of or against the Trust and to deliver or accept consideration in either total or partial satisfaction of any indebtedness or other obligation, and to continue to hold property so received for the period of time that the Trustee deems appropriate; (j) To exercise or dispose of any right it may have as the holder of any security, to convert the same into another security, to acquire any additional security or securities, to make any payments, to exchange any security, or to do any other act with reference thereto; (k) To exchange any property for other property upon such terms and conditions as the Trustee may deem proper, and to give or receive money to effect equality in price; (l) To ▇▇▇ or defend in connection with any and all securities or property at any time received or held in the Trust Fund and to charge against the Trust Fund all reasonable expenses, including attorney’s fees in connection therewith; (m) To borrow money from any source (including the Trustee) and to execute promissory notes, mortgages or other obligations and to pledge or mortgage any Trust Fund assetassets as security, subject to applicable requirements of the Code and ERISA; (n) To deposit any security with any protective or reorganization committee, and use to delegate to that committee such power and authority as the Trustee may deem proper, and to agree to pay out of the Trust Fund that portion of the Trust Funds necessary to exercise those rights.expenses and compensation of that committee as the Trustee may deem proper; (go) Vote or refrain from voting To have, respecting securities, all shares the rights, powers and privileges of stock or securities (includingan owner, at including the direction power to give proxies, pay assessments and other sums deemed by the Trustee to be necessary for the protection of the investment committee established under the Company's Retirement PlanTrust Fund, shares of to vote any corporate stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the Trustee) either in person or by proxy (including special, limited or general proxiesproxy, with or without the power of substitution; (p) and, To appoint agents as stock necessary or security holder, execute and deliver proxies to one or more nominees. The Trustee may dissent from or consent to, approve, authorize, and become a party to any reorganization, consolidation, merger, sale or lease of corporate property or other corporate readjustmentdesirable, including dissolution or liquidation, and execute appropriate instruments. In participating in any corporate action, the Trustee may act as if it is the absolute owner of the shares of stock or securities and may deposit those certificates of ownership with any committee or depository designated in the plan or agreement governing that corporate action, and pay from the Trust Fund any charges or assessments imposed by that plan or agreement and may accept and continue to hold any property received by reason of participation in that corporate action. (h) Borrow money for Trust purposes in amounts, from any person (except itself) and on the terms and conditions which the Trustee deems advisable. The Trustee will issue its promissory note as Trustee and secure repayment by mortgaging, pledging or otherwise hypothecating all or any part of the Trust Funds (including, if directed by the Company, shares of stock and other securities issued by the Company or any entity related through common ownership to the Trustee). (i) Establish whether any trust asset is to be treated as principal or income and charge or apportion expenses, taxes and losses to principal or income, as the Trustee believes appropriate. However, gains or profits arising from the sale or other disposition of assets will become a part of principal, and the Trustee will not be required to set aside any part of income to absorb or make good any losses arising from the disposition of any asset. Moreover, all liquidating payments or liquidating dividends will become part of principal and stock dividends will be allocated to principal or income depending on the type of distribution represented by the dividend; regular or ordinary cash dividends always will be treated as income. Also, the Trustee need not amortize any premium paid to acquire property or to set aside any part of the income to absorb a premium; if the Trustee acquires any investment at a discount or at a price less than par value, it need not treat or accrue that discount as income. (j) Modify the terms of any obligation forming part of the Trust Funds, and release any security for or guaranty of any obligation; foreclose any mortgage securing any obligation, and purchase the mortgaged property at the foreclosure sale, or acquire the property by deed, conveyance or assignment from the mortgagor without foreclosure, and retain property bought in under foreclosure or acquired without foreclosure and dispose of it on the terms and conditions which the Trustee believes appropriate. (k) Abandon, adjust, arbitrate, compromise, or otherwise settle any obligation or liability due to or from it as Trustee, including any tax claim, and/or enforce or contest any claim in legal or administrative proceedings. The Trustee will not be required to contest any claim unless it has been indemnified against the costs and expenses of that action or unless available Trust Fund assets are sufficient to pay those expenses. (l) Hire and compensate, from the Trust Funds, agents, accountants, brokers and counsel (who may be counsel for the Company) and other assistants and advisors which it believes are necessary or desirable for the proper administration of the Trust Fund.; (mq) Temporarily deposit uninvested funds To the extent permitted under applicable laws, to invest in a commingled temporary deposit medium which is composed of savings accounts, certificates of deposit or other obligations issued by deposits which bear a reasonable interest rate in a bank, including those of the Trustee, the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Bank, N.A., or a cash management fund maintained any affiliate or subsidiary, if such bank is supervised by the Trustee.United States or any state; (nr) Do all other actsTo hold in cash, not specifically mentioned above which are necessary to administer without liability for interest, such portion of the Trust Fund which, in its discretion, will be reasonable under the circumstances, pending investments, the payment of expenses, or the distribution of benefits; (s) To lend securities from the Trust on a secured basis in accordance with a separate written agreement between the Administrator, the Trustee, and to carry out the purposes its affiliates; and (t) To exercise all of the Trustfurther rights, powers, options and privileges granted, provided for, or vested in trustees generally under the laws of the State of California, so that the powers conferred upon the Trustee herein will not be in limitation of any authority conferred by law, but will be in addition thereto.

Powers of the Trustee. Subject to this Article, Article V and Sections 9.1 and 9.2 and in addition to the powers generally given to trustees by law, the Trustee may: (a) Invest and reinvest the Trust Fund in securities or other property, real or personal, wherever located, and whether or not productive of income, which the Trustee believes advisable, including capital, common and preferred shares of stock (including, if directed by the Company, investment of up to 10% of the Trust Funds in shares of stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the Trustee), personal, corporation and governmental obligations, whether or not secured; mortgages, leaseholds, fees and other interests in realty; oil, gas or mineral properties, rights, royalties, payments or other interests in that property; contracts, conditional sale agreements, choses in action; trust and participation certificates, or other evidences of ownership, part ownership, interest or part interest. Except as provided in Section 8.2, the Trustee will not be limited or restricted by any statute or rule of law, now or hereafter in effect, governing trust investments, and may invest and reinvest through the medium of any combined, common, collective or commingled trust fund or funds maintained by the Trustee or any entity related through common ownership with the Trustee, the terms of which are incorporated into this Trust, or commingle and invest the Trust Fund with other trust funds created by the Company under other trusts. An investment will not be improper or imprudent merely because the Trustee participated in the issuance, underwriting or original sale of the acquired property or because the proceeds were to be used to satisfy obligations of the issuer or seller to the Trustee. (b) Form or acquire an interest in a corporation or make use of a corporation for the purpose of investing in and holding title to any property. (c) Except as limited by Section 8.2, hold property in the form received (including shares of stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the Trustee) for as long as the Trustee believes advisable, regardless of the character of that property, and regardless of whether its acquisition by a trustee is authorized by law. (d) Sell or contract to sell, exchange or otherwise dispose of or grant options on any asset of the Trust Funds, at public auction, by private contract, pursuant to option, or otherwise, upon terms and conditions which at the time the Trustee believes appropriate, and make, execute and deliver instruments necessary or proper to complete the transaction. (e) Hold in its own or in nominee name any asset of the Trust Funds. (f) Exercise or sell, for adequate consideration, conversion or subscription rights under any Trust Fund asset, and use that portion of the Trust Funds necessary to exercise those rights. (g) Vote or refrain from voting all shares of stock or securities (including, at the direction of the investment committee established under the Company's Retirement Plan, shares of stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the Trustee) in person or by proxy (including special, limited or general proxies, with or without power of substitution) and, as stock or security holder, execute and deliver proxies to one or more nominees. The Trustee may dissent from or consent to, approve, authorize, and become a party to any reorganization, consolidation, merger, sale or lease of corporate property or other corporate readjustment, including dissolution or liquidation, and execute appropriate instruments. In participating in any corporate action, the Trustee may act as if it is the absolute owner of the shares of stock or securities and may deposit those certificates of ownership with any committee or depository designated in the plan or agreement governing that corporate action, and pay from the Trust Fund any charges or assessments imposed by that plan or agreement and may accept and continue to hold any property received by reason of participation in that corporate action. (h) Borrow money for Trust purposes in amounts, from any person (except itself) and on the terms and conditions which the Trustee deems advisable. The Trustee will issue its promissory note as Trustee and secure repayment by mortgaging, pledging or otherwise hypothecating all or any part of the Trust Funds (including, if directed by the Company, shares of stock and other securities issued by the Company or any entity related through common ownership to the Trustee). (i) Establish whether any trust asset is to be treated as principal or income and charge or apportion expenses, taxes and losses to principal or income, as the Trustee believes appropriate. However, gains or profits arising from the sale or other disposition of assets will become a part of principal, and the Trustee will not be required to set aside any part of income to absorb or make good any losses arising from the disposition of any asset. Moreover, all liquidating payments or liquidating dividends will become part of principal and stock dividends will be allocated to principal or income depending on the type of distribution represented by the dividend; regular or ordinary cash dividends always will be treated as income. Also, the Trustee need not amortize any premium paid to acquire property or to set aside any part of the income to absorb a premium; if the Trustee acquires any investment at a discount or at a price less than par value, it need not treat or accrue that discount as income. (j) Modify the terms of any obligation forming part of the Trust Funds, and release any security for or guaranty of any obligation; foreclose any mortgage securing any obligation, and purchase the mortgaged property at the foreclosure sale, or acquire the property by deed, conveyance or assignment from the mortgagor without foreclosure, and retain property bought in under foreclosure or acquired without foreclosure and dispose of it on the terms and conditions which the Trustee believes appropriate. (k) Abandon, adjust, arbitrate, compromise, or otherwise settle any obligation or liability due to or from it as Trustee, including any tax claim, and/or enforce or contest any claim in legal or administrative proceedings. The Trustee will not be required to contest any claim unless it has been indemnified against the costs and expenses of that action or unless available Trust Fund assets are sufficient to pay those expenses. (l) Hire and compensate, from the Trust Funds, agents, accountants, brokers and counsel (who may be counsel for the Company) and other assistants and advisors which it believes are necessary or desirable for the proper administration of the Trust Fund. (m) Temporarily deposit uninvested funds in a commingled temporary deposit medium which is composed of certificates of deposit or other obligations issued by the Trustee, or a cash management fund maintained by the Trustee. (n) Do all other acts, not specifically mentioned above which are necessary to administer the Trust Fund and to carry out the purposes of the Trust.administrative

Powers of the Trustee. Subject to this Article, Article V and Sections 9.1 and 9.2 and in addition to the powers generally given to trustees by law, the Trustee may: (a) Invest and reinvest the Trust Fund in securities or other property, real or personal, wherever located, and whether or not productive of income, which the Trustee believes advisable, including capital, common and preferred shares of stock (including, if directed by the Company, investment of up to 10% of the Trust Funds in shares of stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the Trustee), personal, corporation and governmental obligations, whether or not secured; mortgages, leaseholds, fees and other interests in realty; oil, gas or mineral properties, rights, royalties, payments or other interests in that property; contracts, conditional sale agreements, choses in action; trust and participation certificates, or other evidences of ownership, part ownership, interest or part interest. Except as provided in Section 8.2, the Trustee will not be limited or restricted by any statute or rule of law, now or hereafter in effect, governing trust investments, and may invest and reinvest through the medium of any combined, common, collective or commingled trust fund or funds maintained by the Trustee or any entity related through common ownership with the Trustee, the terms of which are incorporated into this Trust, or commingle and invest the Trust Fund with other trust funds created by the Company under other trusts. An investment will not be improper or imprudent merely because the Trustee participated in the issuance, underwriting or original sale of the acquired property or because the proceeds were to be used to satisfy obligations of the issuer or seller to the Trustee. (b) Form or acquire an interest in a corporation or make use of a corporation for the purpose of investing in and holding title to any property. (c) Except as limited by Section 8.2, hold property in the form received (including shares of stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the Trustee) for as long as the Trustee believes advisable, regardless of the character of that property, and regardless of whether its acquisition by a trustee is authorized by law. (d) Sell or contract to sell, exchange or otherwise dispose of or grant options on any asset of the Trust Funds, at public auction, by private contract, pursuant to option, or otherwise, upon terms and conditions which at the time the Trustee believes appropriate, and make, execute and deliver instruments necessary or proper to complete the transaction. (e) Hold in its own or in nominee name any asset of the Trust Funds. (f) Exercise or sell, for adequate consideration, conversion or subscription rights under any Trust Fund asset, and use that portion of the Trust Funds necessary to exercise those rights. (g) Vote or refrain from voting all shares of stock or securities (including, at the direction of the investment committee established under the Company's Retirement Plan, shares of stock and other securities issued by the Company, the Trustee or any entity related through common ownership to the Trustee) in person or by proxy (including special, limited or general proxies, with or without power of substitution) and, as stock or security holder, execute and deliver proxies to one or more nominees. The Trustee may dissent from or consent to, approve, authorize, and become a party to any reorganization, consolidation, merger, sale or lease of corporate property or other corporate readjustment, including dissolution or liquidation, and execute appropriate instruments. In participating in any corporate action, the Trustee may act as if it is the absolute owner of the shares of stock or securities and may deposit those certificates of ownership with any committee or depository designated in the plan or agreement governing that corporate action, and pay from the Trust Fund any charges or assessments imposed by that plan or agreement and may accept and continue to hold any property received by reason of participation in that corporate action. (h) Borrow money for Trust purposes in amounts, from any person (except itself) and on the terms and conditions which the Trustee deems advisable. The Trustee will issue its promissory note as Trustee and secure repayment by mortgaging, pledging or otherwise hypothecating all or any part of the Trust Funds (including, if directed by the Company, shares of stock and other securities issued by the Company or any entity related through common ownership to the Trustee). (i) Establish whether any trust asset is to be treated as principal or income and charge or apportion expenses, taxes and losses to principal or income, as the Trustee believes appropriate. However, gains or profits arising from the sale or other disposition of assets will become a part of principal, and the Trustee will not be required to set aside any part of income to absorb or make good any losses arising from the disposition of any asset. Moreover, all liquidating payments or liquidating dividends will become part of principal and stock dividends will be allocated to principal or income depending on the type of distribution represented by the dividend; regular or ordinary cash dividends always will be treated as income. Also, the Trustee need not amortize any premium paid to acquire property or to set aside any part of the income to absorb a premium; if the Trustee acquires any investment at a discount or at a price less than par value, it need not treat or accrue that discount as income. (j) Modify the terms of any obligation forming part of the Trust Funds, and release any security for or guaranty of any obligation; foreclose any mortgage securing any obligation, and purchase the mortgaged property at the foreclosure sale, or acquire the property by deed, conveyance or assignment from the mortgagor without foreclosure, and retain property bought in under foreclosure or acquired without foreclosure and dispose of it on the terms and conditions which the Trustee believes appropriate. (k) Abandon, adjust, arbitrate, compromise, or otherwise settle any obligation or liability due to or from it as Trustee, including any tax claim, and/or enforce or contest any claim in legal or administrative proceedings. The Trustee will not be required to contest any claim unless it has been indemnified against the costs and expenses of that action or unless available Trust Fund assets are sufficient to pay those expenses. (l) Hire and compensateCompensate, from the Trust Funds, agents, accountants, brokers and counsel (who may be counsel for the Company) and other assistants and advisors which it believes are necessary or desirable for the proper administration of the Trust Fund. (m) Temporarily deposit uninvested funds in a commingled temporary deposit medium which is composed of certificates of deposit or other obligations issued by the Trustee, or a cash management fund maintained by the Trustee. (n) Do all other acts, not specifically mentioned above which are necessary to administer the Trust Fund and to carry out the purposes of the Trust.