Common use of Accounting by Trustee Clause in Contracts

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within ninety (90) days following the close of each calendar year, and within ninety (90) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of his administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by him, including the fees and expenses paid, and showing all cash and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. 8.2 Unless the Company shall have filed with the Trustee written exceptions or objections to any accounting under Section 8.1 within 120 days after receipt thereof, the Company shall be deemed to have approved such accounting; and in such case or upon the written approval by the Company of any such accounting, the Trustee shall be forever released and discharged with respect to all matters and things contained in such accounting as though it had been settled by decree of a court of competent jurisdiction in an action or proceeding to which the Company and all persons having any beneficial interest in the Trust were parties.

Appears in 6 contracts

Samples: Employment Agreement (Ur-Energy Inc), Employment Agreement (Ur-Energy Inc), Employment Agreement (Ur-Energy Inc)

AutoNDA by SimpleDocs

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within ninety sixty (9060) days following the close of each calendar year, year and within ninety (90) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of his its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by himit, including a description of all securities and investments purchased and sold with the fees and expenses paidcost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. 8.2 Unless the Company shall have filed with the Trustee written exceptions or objections to any accounting under Section 8.1 . If, within 120 days after receipt thereofthe Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have approved such accounting; been approved, and in such case or upon the written approval by the Company of any such accountingcase, the Trustee shall not be forever released and discharged with respect to all liable for any matters and things contained in such accounting as though it had been settled by decree of a court of competent jurisdiction in an action statements. The Company or proceeding its agent shall have the right at its own expense and with prior written notice to which the Company Trustee to inspect the Trustee's books and all persons having any beneficial interest in records directly relating to the Trust were partiesFund during normal business hours.

Appears in 5 contracts

Samples: Trust Agreement (DNB Financial Corp /Pa/), Trust Agreement (DNB Financial Corp /Pa/), Trust Agreement (DNB Financial Corp /Pa/)

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within ninety sixty (9060) days following the close of each calendar year, year and within ninety (90) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of his its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by himit, including a description of all securities and investments purchased and sold with the fees and expenses paidcost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. 8.2 Unless the Company shall have filed with the Trustee written exceptions or objections to any accounting under Section 8.1 . If, within 120 days after receipt thereofthe Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have approved such accounting; been approved, and in such case or upon the written approval by the Company of any such accountingcase, the Trustee shall not be forever released and discharged with respect to all liable for any matters and things contained in such accounting as though it had been settled by decree of a court of competent jurisdiction in an action statements. The Company or proceeding its agent shall have the right at its own expense and with prior written notice to which the Company Trustee to inspect the Trustee’s books and all persons having any beneficial interest in records directly relating to the Trust were partiesFund during normal business hours.

Appears in 2 contracts

Samples: Rabbi Trust Agreement (Levi Strauss & Co), Rabbi Trust Agreement (Levi Strauss & Co)

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within ninety (90) days following the close of each calendar year, year and within ninety (90) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of his its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected affected by himit, including a description of all securities and investments purchased and sold with the fees and expenses paidcost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. 8.2 Unless . If, within ninety (90) days after the Trustee mails to the Company shall have filed a statement with respect to the Trust, the Company has not given the Trustee written exceptions notice of any exception or objections to any accounting under Section 8.1 within 120 days after receipt thereofobjection thereto, the Company statement shall be deemed to have approved such accounting; been approved, and in such case or upon the written approval by the Company of any such accountingcase, the Trustee shall not be forever released and discharged with respect to all liable for any matters and things contained reflected in such accounting as though it had been settled by decree of a court of competent jurisdiction in an action or proceeding to which the Company and all persons having any beneficial interest in the Trust were partiesstatement.

Appears in 2 contracts

Samples: Rabbi Trust Agreement, Rabbi Trust Agreement (McDermott International Inc)

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within ninety (90) 90 days following the close of each calendar year, year and within ninety (90) 90 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of his its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected affected by himit, including a description of all securities and investments purchased and sold with the fees and expenses paidcost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. 8.2 Unless . If, within ninety (90) days after the Trustee mails to the Company shall have filed a statement with respect to the Trust, the Company has not given the Trustee written exceptions notice of any exception or objections to any accounting under Section 8.1 within 120 days after receipt thereofobjection thereto, the Company statement shall be deemed to have approved such accounting; been approved, and in such case or upon the written approval by the Company of any such accountingcase, the Trustee shall not be forever released and discharged with respect to all liable for any matters and things contained in such accounting as though it had been settled by decree of a court of competent jurisdiction in an action or proceeding to which the Company and all persons having any beneficial interest in the Trust were partiesstatements.

Appears in 1 contract

Samples: Rabbi Trust Agreement (Oil States International Inc)

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within ninety (90) days following the close of each calendar year, and within ninety (90) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of his administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by him, including the fees and expenses paid, and showing all cash and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. 8.2 . Unless the Company shall have filed with the Trustee written exceptions or objections to any accounting under Section 8.1 within 120 days after receipt thereof, the Company shall be deemed to have approved such accounting; and in such case or upon the written approval by the Company of any such accounting, the Trustee shall be forever released and discharged with respect to all matters and things contained in such accounting as though it had been settled by decree of a court of competent jurisdiction in an action or proceeding to which the Company and all persons having any beneficial interest in the Trust were parties.

Appears in 1 contract

Samples: Employment Agreement (Ur-Energy Inc)

Accounting by Trustee. 8.1 The (a) Trustee shall keep accurate and detailed records of all investments, receipts, disbursements disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within ninety (90) 60 days following the close of each calendar year, year and within ninety (90) 30 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of his its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by himit, including a description of all securities and investments purchased and sold with the fees and expenses paidcost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. 8.2 Unless (b) In the absence of the filing in writing with Trustee by Company shall have filed with the Trustee written of exceptions or objections to any accounting under Section 8.1 such account within 120 days after from the date of the receipt thereofof the account by Company, the Company shall be deemed to have approved such accountingaccount; and in such case case, or upon the written approval by the Company of any such accountingaccount, the except with respect to any reasonable allegation or complaint of negligence or willful misconduct against Trustee, Trustee shall be forever released released, relieved and discharged with respect to all matters and things contained set forth in such accounting account as though it such account had been settled by the decree of a court of competent jurisdiction in an action or proceeding to which the Company and all persons having any beneficial interest in the Trust were partiesjurisdiction.

Appears in 1 contract

Samples: Trust Agreement (Royal Caribbean Cruises LTD)

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements disbursements, and all other transactions required to be madedone, including such specific records as shall be agreed upon in writing between the Company Corporation and the Trustee. All such accounts, books, and records shall be open to inspection and audit at all reasonable times by the Corporation and the Beneficiary or Successor. Within ninety (90) 60 days following the close of each calendar year, fiscal year of the Corporation and within ninety (90) 60 days after the resignation or removal or resignation of the Trustee, the Trustee shall deliver to the Company Corporation a written account of his its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal resignation or resignationremoval, setting forth all investments, receipts, disbursements disbursements, and other transactions effected by himit, including a description of all securities and investments purchased and sold with the fees and expenses paid, cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately) and showing all cash cash, securities, and other property held in the Trust at the end of such year or as of the date of such removal resignation or resignationremoval, as the case may be. 8.2 Unless . In the Company shall have filed absence of the filing in writing with the Trustee written by the Corporation of exceptions or objections to any accounting under Section 8.1 such account within 120 days after receipt thereof60 days, the Company Corporation shall be deemed to have approved such accounting; account, and in such case case, or upon the written approval by the Company Corporation of any such accountingaccount, the Trustee shall be forever released released, relieved and discharged with respect to all matters and things contained set forth in such accounting account as though it such account had been settled by the decree of a court of competent jurisdiction in an action or proceeding to which the Company and all persons having any beneficial interest in the Trust were partiesjurisdiction.

Appears in 1 contract

Samples: Trust Agreement (Argo Tech Corp)

AutoNDA by SimpleDocs

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between Company and Trustee, which records may be audited annually (or at such other times as agreed by the Company and the Trustee) by the Company or anyone named by the Company. Within ninety thirty (9030) days following the close of each calendar year, year and within ninety thirty (9030) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of his its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by himit, including a description of all securities and investments purchased and sold with the fees and expenses paidcost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. 8.2 Unless . In the Company shall have filed absence of the filing in writing with the Trustee written by the Company of exceptions or objections to any accounting under Section 8.1 such account within 120 days after receipt thereofninety (90) days, the Company shall be deemed to have approved such accountingaccount; and in such case case, or upon the written approval by the Company of any such accountingaccount, the Trustee shall be forever released released, relieved and discharged with respect to all matters and things contained set forth in such accounting account as though it such account had been settled by the decree of a court of competent jurisdiction in an action or proceeding to which the Company and all persons having any beneficial interest in the Trust were parties.competent

Appears in 1 contract

Samples: Deferred Compensation Waiver and Insurance Benefit Agreement (Snap on Inc)

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements disbursements, and all other transactions required to be madedone, including such specific records as shall be agreed upon in writing between the Company Committee and the Trustee. All such accounts, books and records shall be open to inspection and audit at all reasonable times by the Committee, the Committee's representatives or agents. Within ninety one hundred and twenty (90120) days following the close of each calendar year, quarter and within ninety one hundred and twenty (90120) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company Committee a written account of his its administration of the Trust during such year quarter or during the period from the close of the last preceding year quarter to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions actions effected by himit, including a description of all securities and investments purchased and sold, with the fees and expenses paidcost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash cash, securities and other property held in the Trust at the end of such year quarter or as of the date of such removal or resignation, as the case may be. 8.2 Unless the Company shall have filed with the Trustee . The written exceptions or objections to approval of any accounting under Section 8.1 within 120 days after receipt thereof, by the Company Committee shall be deemed to have approved such accounting; and in such case or upon the written approval by the Company of any such accounting, the Trustee shall be forever released and discharged with respect final as to all matters and things contained in such accounting as though it had been settled by decree of a court of competent jurisdiction in an action transactions stated or proceeding to which shown therein and binding upon the Company Committee and all persons having who then shall be or then after shall become interested in this Trust. Failure of the Committee to notify the trustee within 180 days after receipt of any beneficial interest in accounting of its disapproval of such accounting shall be the Trust were partiesequivalent of written approval.

Appears in 1 contract

Samples: Nonqualified Deferred Compensation Plan (Altera Corp)

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between among the Company Company, Executive and the Trustee. Within ninety (90) 15 days following the close of each calendar year, month and within ninety (90) 15 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company and Executive a written account of his its administration of the Trust during such year month or during the period from the close of the last preceding year month to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected affected by himit, including a description of all securities and investments purchased and sold with the fees and expenses paidcost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash cash, securities and other property held in the Trust at the end of such year month or as of the date of such removal or resignation, as the case may be. 8.2 Unless . If, within ninety (90) days after the receipt by the Company shall have filed and Executive of a statement with respect to the Trust, the Company or Executive has not given the Trustee written exceptions notice of any exception or objections to any accounting under Section 8.1 within 120 days after receipt thereofobjection thereto, the Company statement shall be deemed to have approved such accounting; been approved, and in such case or upon the written approval by the Company of any such accountingcase, the Trustee shall not be forever released and discharged with respect to all liable for any matters and things contained in such accounting as though it had been settled by decree of a court of competent jurisdiction in an action or proceeding to which the Company and all persons having any beneficial interest in the Trust were partiesstatements.

Appears in 1 contract

Samples: Employment Agreement (LTV Corp)

Accounting by Trustee. 8.1 7.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within ninety (90) 90 days following the close of each calendar year, year and within ninety (90) 30 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of his its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by himit, including a description of all securities and all investments purchased and sold with the fees and expenses paidcost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. 8.2 Unless . In the Company shall have filed absence of the filing in writing with the Trustee written by the Company of exceptions or objections to any accounting under Section 8.1 such account within 120 days after receipt thereof90 days, the Company shall be deemed to have approved such accountingaccount; and in such case case, or upon the written approval by the Company of any such accountingaccount, the Trustee shall be forever released released, relieved and discharged with respect to all matters and things contained set forth in such accounting account as though it through such account had been settled by the decree of a court of competent jurisdiction in an action or proceeding to which the Company and all persons having any beneficial interest in the Trust were partiesjurisdiction.

Appears in 1 contract

Samples: Trust Agreement for Grantor Trust (Maf Bancorp Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!