Common use of Restrictions on Reversion Clause in Contracts

Restrictions on Reversion. The Company shall not have any right, title or interest in the assets of the Trust Fund, nor will any part of the assets of the Trust Fund revert or be repaid to the Company until all benefits due under the Plan and fees and expenses of the Trust have been paid pursuant to the terms of the Plan and in accordance with the provisions of paragraphs 4.5 and 7.2, except as follows: a) The assets of the Trust Fund shall be available for the claims of the Company's creditors under the circumstances specified in Article V; b) If the Company ceases to maintain the Plan, any balance remaining in the Trust Fund after all benefits have been paid pursuant to the terms of the Plan and in accordance with the provisions of paragraph 4.5 shall revert to the Company; c) Except after a Change in Control, upon the written request of the Committee at any time, the Trustee shall repay to the Company any excess assets (as defined below) in the Trust Fund, provided that the Committee furnishes to the Trustee a statement acceptable to the Trustee as to the Company's Accrued Liability under the Plan. For these purposes, "excess assets" means any amount by which the Fund Value exceeds one hundred ten percent (110%) of the Company's Accrued Liability under the Plan. In the event of a Change in Control , no assets of the Trust Fund shall revert or be repaid to the Company, under any circumstances, until all benefits due under the Plan and fees and expenses of the Trust have been paid pursuant to the terms of the Plan and in accordance with the provisions of paragraph 4.5.

Restrictions on Reversion. The Company shall not have any right, title or interest in the assets of the Trust Fund, nor will any part of the assets of the Trust Fund revert or be repaid to the Company until all benefits due under the Plan and fees and expenses of the Trust Plans have been paid pursuant to the terms of the Plan Plans and in accordance with the provisions of paragraphs 4.5 and 7.2paragraph 4.05, except as follows: (a) The assets of the Trust Fund shall be available for the claims of the Company's creditors under the circumstances specified in Article V; (b) If the Company ceases to maintain the PlanPlans, any balance remaining in the Trust Fund after all benefits benefits, have been paid pursuant to the terms of the Plan Plans and in accordance with the provisions of paragraph 4.5 4.05 shall revert to the Company; (c) Except after in the event of a Change of Control (as defined in Controlthe Plans), upon the written request of the Committee at any time, the Trustee shall repay to the Company any excess assets (as defined below) in the Trust FundTrust, provided that the Committee furnishes to the Trustee a statement acceptable to the Trustee as to the Company's Accrued Liability then value of vested accrued benefits (as defined below) under the PlanPlans. For these purposes, "excess assets" means any amount by which the Fund Value sum of the cash surrender value of Policies held in the Trust and the fair market value of all other assets in the Trust, as determined by the Trustee, exceeds one hundred ten percent the value of vested and accrued benefits under the Plans. For purposes of this Trust, "vested accrued benefits" shall mean the sum of all Deferred Benefit Accounts (110%as defined in the Plans) of the Company's Accrued Liability under the PlanParticipants, including any interest credited thereunder. In the event of a "Change in Control of Control", no assets of the Trust Fund shall revert or be repaid to the Company, under any asny circumstances, until all benefits due under the Plan and fees and expenses of the Trust Plans have been paid pursuant to the terms of the Plan Plans and in accordance with the provisions of paragraph 4.54.05.

Restrictions on Reversion. The Company shall not have any right, title or interest in the assets of the Trust Fund, nor will any part of the assets of the Trust Fund revert or be repaid to the Company until all benefits due under the Plan and fees and expenses of the Trust Plans have been paid pursuant to the terms of the Plan Plans and in accordance with the provisions of paragraphs 4.5 and 7.2paragraph 4.05, except as follows: (a) The assets of the Trust Fund shall be available for the claims of the Company's creditors under the circumstances specified in Article V;V. (b) If the Company ceases to maintain the PlanPlans, any balance remaining in the Trust Fund after all benefits have been paid pursuant to the terms of the Plan Plans and in accordance with the provisions of paragraph 4.5 4.05 shall revert to the Company and its participating affiliates, except that any assets (including employer stock) contributed by UtiliCorp United Inc. to the Trust for the benefit of employees or service providers of such participating affiliates shall revert exclusively to the Company;. (c) Except after in the event of a Change in ControlControl (as defined in the Plans), upon the written request direction of the Committee at any time, the Trustee shall repay to the Company any excess assets (as defined below) in the Trust FundTrust, provided that the Committee furnishes to the Trustee a statement in the form acceptable to the Trustee as to the Company's Accrued Liability then value of accrued benefits under the PlanPlans. For these purposesthis purpose, "excess assets" means any amount by which the Fund Value exceeds one hundred ten percent (110%) sum of the Company's Accrued Liability cash surrender value of Policies held in the Trust and the fair market value of all other assets in the Trust, as determined by the Trustee, exceeds the value of accrued benefits under the PlanPlans. In the event of a Change in Control Control, no assets of the Trust Fund shall revert or be repaid to the Company, under any circumstances, until all benefits due under the Plan and fees and expenses of the Trust Plans have been paid pursuant to the terms of the Plan Plans and in accordance with the provisions of paragraph 4.54.05.