Common use of Additional Powers of Trustee Clause in Contracts

Additional Powers of Trustee. (a) To the extent necessary or which it deems appropriate to implement its powers under Section 5 or otherwise to fulfill any of its duties and responsibilities as Trustee of the Trust, the Trustee shall have the following additional powers and authority: (1) To register securities, or any other property, in its name or in the name of any nominee, including the name of any affiliate or the nominee name designated by any affiliate, with or without indication of the capacity in which property shall be held, or to hold securities in bearer form and to deposit any securities or other property in a depository or clearing corporation; (2) Upon receiving the consent of an Authorized Party, to designate and engage the services of, and to delegate powers and responsibilities to, such agents, representatives, advisers, counsel and accountants as the Trustee considers necessary or appropriate and, as part of its expenses under this Trust Agreement, to pay their reasonable expenses and compensation; (3) To make, execute and deliver, as Trustee, any and all deeds, leases, mortgages, conveyances, waivers, releases or other instruments in writing necessary or appropriate for the accomplishment of any of the powers listed in this Trust Agreement; and (4) Generally to do all other acts which the Trustee deems necessary or appropriate for the protection of the Trust. (5) The Trustee at the direction of the Company may appoint a Custodian, acceptable to the Company, to safeguard the assets of the Trust. The Company hereby authorizes and directs the Trustee to enter into such agreements with the Custodian as may be necessary to establish an account with the Custodian. For administrative purposes, contributions deposited to the appointed Custodian shall be deemed as contributions deposited with the Trustee on behalf of the Trust.

Additional Powers of Trustee. (a) To the extent necessary or which it deems appropriate to implement its powers under Section 5 or otherwise to fulfill any of its duties and responsibilities as Trustee of the Trust, the Trustee shall have the following additional powers and authority: (1) To register securities, or any other property, in its name or in the name of any nominee, including the name of any affiliate or the nominee name designated by any affiliate, with or without indication of the capacity in which property shall be held, or to hold securities in bearer form and to deposit any securities or other property in a depository or clearing corporation; (2) Upon receiving the consent of an Authorized Party, to designate and engage the services of, and to delegate powers and responsibilities to, such agents, representatives, advisers, counsel and accountants as the Trustee considers necessary or appropriate and, as part of its expenses under this Trust Agreement, to pay their reasonable expenses and compensation; (3) To make, execute and deliver, as Trustee, any and all deeds, leases, mortgages, conveyances, waivers, releases or other instruments in writing necessary or appropriate for the accomplishment of any of the powers listed in this Trust Agreement; and (4) Generally to do all other acts which the Trustee deems necessary or appropriate for the protection of the Trust. (5b) The Trustee at the direction of the Company may appoint a Custodian, acceptable to the Company, Custodian to safeguard the assets of the Trust. The Company hereby authorizes and directs the Trustee to enter into such agreements with the Custodian as may be necessary to establish an account with the Custodian. For administrative purposes, contributions deposited to the appointed Custodian shall be deemed as contributions deposited with the Trustee on behalf of the Trust.

Additional Powers of Trustee. (a) To the extent necessary or which it deems appropriate to implement its powers under Section 5 or otherwise to fulfill any of its duties and responsibilities as Trustee of the Trust, the Trustee shall have the following additional powers and authority: (1) To register securities, or any other property, in its name or in the name of any nominee, including the name of any affiliate or the nominee name designated by any affiliate, with or without indication of the capacity in which property shall be held, or to hold securities in bearer form and to deposit any securities or other property in a depository or clearing corporation; (2) Upon receiving the consent of an Authorized Party, to designate and engage the services of, and to delegate powers and responsibilities to, such agents, representatives, advisers, counsel and accountants as the Trustee considers necessary or appropriate and, as part of its expenses under this Trust Agreement, to pay their reasonable expenses and compensation; (3) To make, execute and deliver, as Trustee, any and all deeds, leases, mortgages, conveyances, waivers, releases or other instruments in writing necessary or appropriate for the accomplishment of any of the powers listed in this Trust Agreement; and (4) Generally to do all other acts which the Trustee deems necessary or appropriate for the protection of the Trust. (5) The Trustee at the direction of the Company may appoint a Custodian, acceptable to the Company, to safeguard the assets of the Trust. The Company hereby authorizes and directs the Trustee to enter into such agreements with the Custodian as may be necessary to establish an account with the Custodian. For administrative purposes, contributions deposited to the appointed Custodian shall be deemed as contributions deposited with the Trustee on behalf of the Trust.

Additional Powers of Trustee. In addition, the Trustee is hereby authorized: (a) To to register any securities held in the extent necessary or which it deems appropriate to implement its powers under Section 5 or otherwise to fulfill any of its duties and responsibilities as Trustee of the Trust, the Trustee shall have the following additional powers and authority: (1) To register securities, or any other property, Master Fund in its own name or in the name of a nominee and to hold any nomineesecurities in bearer form, including and to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary or representative capacities or as agent for customers, or to deposit or to arrange for the deposit of such securities in any qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of any affiliate or the nominee name designated of such depository with other securities deposited therein by any affiliate, with or without indication of the capacity in which property shall be heldother depositors, or to hold securities in bearer form and to deposit or arrange for the deposit of any securities issued by the United States Government, or other property in any agency or instrumentality thereof, with a depository or clearing corporationFederal Reserve Bank, but the books and records of the Trustee shall at all times show that all such investments are part of the Master Fund; (2b) Upon receiving the consent of an Authorized Partyto employ suitable agents, to designate depositories and engage the services ofcounsel, domestic or foreign, and to delegate powers and responsibilities to, such agents, representatives, advisers, counsel and accountants as the Trustee considers necessary or appropriate and, as part of its expenses under this Trust Agreement, to pay charge their reasonable expenses and compensationcompensation against the Master Fund, and to confer upon any such depository the powers conferred upon the Trustee by paragraph (a) of this Section 7.2 as well as the power to appoint subagents and depositories, wherever situated, in connection with the retention of securities or other property; (3c) To make, execute to borrow money from any source as may be necessary or advisable to effectuate the purposes of the Trust on such terms and deliver, conditions as the Trustee, in its absolute discretion, may deem advisable; (d) to deposit any funds of the Trust in accounts or savings certificates, which bear a reasonable rate of interest, issued or maintained by Bankers Trust Company, in its separate corporate capacity, or in any other institution affiliated with Bankers Trust Company; (e) to compromise, compound, submit to arbitration or settle any debt or obligation owing to or from or otherwise adjust all claims in favor of or against the Master Fund other than claims solely affecting the right of any Person to benefits under a Participating Plan; to reduce or increase the rate of interest or extend, or otherwise modify, foreclose upon default. or enforce any such debt or obligation; to xxx or defend suits or legal proceedings to protect any interest in the Trust and to represent the Trust in all deedssuits or legal proceedings in any court or before any other administrative agency, leasesbody or tribunal; (f) to make any distribution or transfer of assets as of a Valuation Date authorized under Article X or X1 or to effectuate participants' rights under a Participating Plan in cash or in kind, mortgagesor partly in cash or kind, conveyancesand, waiversin furtherance thereof, releases to value such assets, which valuation shall be conclusive and binding on all Persons; (g) upon the direction of the Named Fiduciary, to maintain and operate one or more market inventory funds as a vehicle to exchange securities among Discretionary and Directed Funds without alienating the property from the Trust; (h) with the consent of the Named Fiduciary, to loan securities held in the Master Fund to brokers or dealers or other instruments borrowers under such terms and conditions as the Trustee, in writing necessary or appropriate for its absolute discretion, deems advisable, to secure the accomplishment same in any manner permitted by law and the provisions of this Agreement, and during the term of any such loan, to permit the loaned securities to be transferred into the name of and voted by the borrowers or others, and, in connection with the exercise of the powers listed hereinabove granted, to hold any property deposited as collateral by the borrower pursuant to any master loan agreement in bulk, either as provided in paragraph (a) of this Trust Section 7.2 or otherwise, together with the unallocated interests of other lenders, and to retain any such property upon the default of the borrower, whether or not investment in such property is authorized under this Agreement, and to receive compensation therefor out of any amounts paid by or charged to the account of the borrower; (i) to enroll the Master Fund in a program maintained by Bankers to permit customer's accounts to participate in dividend reinvestment plans offered by issuers of securities held in accounts, such as the Master Fund, in order to realize upon the discount from market value offered shareholders without impact on the managed assets in the Master Fund. and to receive compensation therefor (including reimbursement for certain of its out-of-pocket costs associated therewith) out of the income received by the Master Fund from participation in such program; (j) to hold uninvested cash awaiting investment and such additional cash balances as it shall deem reasonable or necessary, without incurring any liability for the payment of interest thereon; and (4k) Generally generally, consistent with the provisions of this Agreement to do perform all other acts (whether or not expressly authorized herein) which the Trustee deems it may deem necessary or appropriate and prudent for the protection of the Trust. (5) The Trustee at the direction of the Company may appoint a Custodian, acceptable to the Company, to safeguard the assets of the Trust. The Company hereby authorizes and directs the Trustee to enter into such agreements with the Custodian as may be necessary to establish an account with the Custodian. For administrative purposes, contributions deposited to the appointed Custodian shall be deemed as contributions deposited with the Trustee on behalf of the Trust.

Additional Powers of Trustee. (a) To the extent necessary or which it deems appropriate to implement its powers under Section 5 3.1 or otherwise to fulfill any of its duties and responsibilities as Trustee trustee of the TrustTrust Fund, the Trustee shall have the following additional powers and authority: (1a) To to register securities, or any other property, in its name or in the name of any nominee, including the name of any affiliate or the nominee name designated by any affiliate, with or without indication of the capacity in which property shall be held, or to hold securities in bearer form and to deposit any securities or other property in a depository or clearing corporation; (2b) Upon receiving the consent of an Authorized Party, to designate and engage the services of, of and to delegate powers and responsibilities to, such agents, representatives, advisers, counsel and accountants as the Trustee considers necessary or appropriate appropriate, any of whom may be an affiliate of the Trustee or a person who renders services to such an affiliate, and, as a part of its expenses under this Trust Agreement, to pay their reasonable expenses and compensation; (3c) To to make, execute and deliver, as Trustee, any and all deeds, leases, mortgages, conveyances, waivers, releases or other instruments in writing necessary or appropriate for the accomplishment of any of the powers listed in this Trust Agreement; (d) to determine the market value of any securities or other property held by the Trustee in the Trust Fund. and where any securities or other property are determined by the Trustee not to be marketable, to determine their value in accordance with sound practice and standards for evaluating such property, including valuation by an independent appraiser selected by the Trustee, for whose services the Company shall be obligated to pay the fees and expenses; (e) to employ legal counsel, brokers and other advisors, agents or employees to perform services for the Trust Fund or to advise it with respect to its duties and obligations under this Agreement and in connection with the Trust, and to pay from the Trust Fund such compensation as it deems appropriate; and (4f) Generally generally to do all other acts which the Trustee deems necessary or appropriate for the protection of the TrustTrust Fund. (5) The Trustee at the direction of the Company may appoint a Custodian, acceptable to the Company, to safeguard the assets of the Trust. The Company hereby authorizes and directs the Trustee to enter into such agreements with the Custodian as may be necessary to establish an account with the Custodian. For administrative purposes, contributions deposited to the appointed Custodian shall be deemed as contributions deposited with the Trustee on behalf of the Trust.

Additional Powers of Trustee. (a) To the extent necessary or which it deems appropriate to implement its powers under Section 5 or otherwise to fulfill any of its duties and responsibilities as Trustee of the Trust, the Trustee shall have the following additional powers and authority: (1) To register securities, or any other property, in its name or in the name of any nominee, including the name of any affiliate or the nominee name designated by any affiliate, with or without indication of the capacity in which property shall be held, or to hold securities in bearer form and to deposit any securities or other property in a depository or clearing corporation; (2) Upon receiving the consent of an Authorized Party, to designate and engage the services of, and to delegate powers and responsibilities to, such agents, representatives, advisers, counsel and accountants as the Trustee considers necessary or appropriate and, as part of its expenses under this Trust Agreement, to pay their reasonable expenses and compensation; (3) To make, execute and deliver, as Trustee, any and all deeds, leases, mortgages, conveyances, waivers, releases or other instruments in writing necessary or appropriate for the accomplishment of any of the powers listed in this Trust Agreement; and (4) Generally to do all other acts which the Trustee deems necessary or appropriate for the protection of the Trust. (5) The Trustee at the direction of the Company may appoint a Custodian, acceptable to the Company, Custodian to safeguard the assets of the Trust. The Company hereby authorizes and directs the Trustee to enter into such agreements with the Custodian as may be necessary to establish an account with the Custodian. For administrative purposes, contributions deposited to the appointed Custodian shall be deemed as contributions deposited with the Trustee on behalf of the Trust.

Additional Powers of Trustee. (a) To the extent necessary or which it deems appropriate to implement its powers under Section 5 or otherwise to fulfill any of its duties and responsibilities as Trustee of the Trust, the The Trustee shall have the following additional powers be further authorized and authority: (1) To register securities, or any other propertyempowered, in its name discretion, to exercise any and all of the following rights, powers and privileges with respect to the Trust Fund: A. To register any investment held in the Trust in its own name, or in the name of one or more of its nominees, and to hold any nomineeinvestment in bearer from or other negotiable form, to utilize the services of a depository clearing corporation (such as the Depository Trust Company) to the extent permitted by law, and to combine certificates representing such investments with certificates of the same issue held by the Trustee in other fiduciary capacities, but the books and records of the Trustee shall at all times show that all such investments are part of the Trust. B. In compliance herewith, the Trustee may give to any registrar, transfer agent, or insurer, including but not limited to corporations, state, or federal authorities or agents, any bond or other guarantee which may be required, provided the name Trustee shall be exempt to the maximum extent permissible by applicable law, from any need to post a bond. Any registrar, transfer agent, or insurer shall be indemnified by the Trust and held harmless from any action, either at law or in equity, for acting upon or in compliance with the instructions received in writing from the Trustee, unless the damages, liability, costs, expenses, or claims arise from the other party's negligence or willful misconduct. C. To vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of any affiliate or the nominee name designated by any affiliate, attorney with or without indication power of the capacity in which property shall be heldsubstitution; to exercise any conversion privileges, subscription rights, or to hold securities in bearer form and to deposit any securities or other property in a depository or clearing corporation; (2) Upon receiving the consent of an Authorized Party, to designate and engage the services ofoptions, and to delegate powers and responsibilities make any payments incidental thereto; to oppose or to consent to, such agentsor otherwise participate in, representativescorporate reorganizations or other changes affecting corporate securities, advisersto delegate discretionary powers, counsel and accountants as to pay any assessments or charges in connection therewith; and generally to exercise any of the Trustee considers necessary powers of an owner with respect to stocks, bonds, securities, or appropriate and, other properties held as part of the Trust Fund. D. To settle, compromise, or submit to arbitration, any claims, debts, or damage due and owing to or from the Trust Fund, to commence or defend suits in any federal or state court having jurisdiction over a particular matter or legal or administrative proceedings, and to represent the Trust Fund in all legal and administrative proceedings, provided, however, the Trustee shall not be obligated to take any action or to appear and participate in any action which would subject it to expense or liability unless it is first indemnified in an amount and manner satisfactory to it, or is furnished with funds sufficient, in its expenses under this Trust Agreementsole judgment, to cover the same. E. To employ suitable agents, advisors, accountants, and counsel and to pay their reasonable expenses and compensation;compensation from the Trust Fund, as appropriate. (3) F. To make, execute execute, acknowledge, and deliver, as Trustee, deliver any and all deeds, leases, mortgages, conveyances, waivers, releases or documents of transfer and conveyance and any and all other instruments in writing that may be necessary or appropriate for to carry out the accomplishment powers herein granted. G. Subject to the limitations reflected herein, do any and all acts with respect to the assets held in the Trust that an owner of any asset held by the Trust could perform. H. In addition to the foregoing powers, the Trustee shall also have all of the powers listed in this Trust Agreement; and (4) Generally powers, rights, and privileges conferred upon trustees by the laws of the State of Delaware to the extent such laws are not preempted by federal law, and the power to do all other acts which acts, take all proceedings, and execute all rights and privileges, although not specifically mentioned herein, as the Trustee deems may deem necessary or appropriate for to administer the protection Trust Fund and to carry out the Purpose of the this Trust. (5) The Trustee at the direction of the Company may appoint a Custodian, acceptable to the Company, to safeguard the assets of the Trust. The Company hereby authorizes and directs the Trustee to enter into such agreements with the Custodian as may be necessary to establish an account with the Custodian. For administrative purposes, contributions deposited to the appointed Custodian shall be deemed as contributions deposited with the Trustee on behalf of the Trust.

Additional Powers of Trustee. In addition, the Trustee is hereby authorized: (a) To to register any securities held in the extent necessary or which it deems appropriate to implement its powers under Section 5 or otherwise to fulfill any of its duties and responsibilities as Trustee of the Trust, the Trustee shall have the following additional powers and authority: (1) To register securities, or any other property, Retirement Fund in its own name or in the name of a nominee and to hold any nomineesecurities in bearer form, including and to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary or representative capacities or as agent for customers, or to deposit or to arrange for the deposit of such securities in any qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of any affiliate or the nominee name designated of such depository with other securities deposited therein by any affiliate, with or without indication of the capacity in which property shall be heldother depositors, or to hold deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve Bank, but the books and records of the Trustee shall at all times show that all such investments are part of the Retirement Fund; (b) to deposit any funds of the Trust in bearer form accounts or savings certificates, which bear a reasonable rate of interest issued or maintained by Bankers, in its separate corporate capacity, or in any other institution affiliated with Bankers and to deposit any securities or other property funds in a depository or clearing corporationforeign currency, if any, in accordance with the Cash Management Addendum attached hereto; (2c) Upon receiving the consent of an Authorized Partyto employ suitable agents, to designate depositories and engage the services ofcounsel, domestic or foreign, and to delegate powers and responsibilities to, such agents, representatives, advisers, counsel and accountants as the Trustee considers necessary or appropriate and, as part of its expenses extent authorized under this Trust AgreementSection 8.1, to pay charge their reasonable expenses and compensationcompensation against the Retirement Fund, and to confer upon any such depository the powers conferred upon the Trustee by paragraph (a) of this Section 6.2 as well as the power to appoint subagents and depositories, wherever situated, in connection with the retention of securities or other property; (3d) To make, execute to borrow money from any source as may be necessary or advisable to effectuate the purposes of the Trust on such terms and deliver, conditions as the Trustee, in its absolute discretion, may deem advisable; (e) to deposit any funds of the Trust in accounts or savings certificates, which bear a reasonable rate of interest, issued or maintained by Bankers Trust Company, in its separate corporate capacity, or in any other institution affiliated with Bankers Trust Company and to deposit funds in foreign currency, if any in accordance with the Cash Management Addendum attached hereto; (f) to compromise, compound, submit to arbitration or settle any debt or obligation owing to or from or otherwise adjust all deedsclaims in favor of or against the Retirement Fund other than claims solely affecting the right of any Person to benefits under a Participating Plan; to reduce or increase the rate of interest or extend, leasesor otherwise modify, mortgagesforeclose upon default, conveyancesor enforce any such debt or obligation; to xxx or defend suits or legal proceedings to protect any interest in the Trust and to represent the Trust in all suits or legal proceedings in any court or before any other administrative agency, waiversbody or tribunal; (g) to make any distribution or transfer of assets as of a Valuation Date authorized under Article IX or X or to effectuate participants' rights under a Participating Plan in cash or in kind, releases or partly in cash or kind, and, in furtherance thereof, to value such assets, which valuation shall be conclusive and binding on all Persons; (h) upon the direction of the Named Fiduciary, to maintain and operate one or more market inventory funds as a vehicle to exchange securities among Discretionary and Directed Funds without alienating the property from the Trust; (i) pursuant to the terms of a separate agreement, to loan securities held in the Retirement Fund to brokers or dealers or other instruments borrowers, to secure the same in writing necessary or appropriate for any manner permitted by law and the accomplishment provisions of this Agreement, and during the term of any such loan, to permit the loaned securities to be transferred into the name of and voted by the borrowers or others, and, in connection with the exercise of the powers listed hereinabove granted, to hold any property deposited as collateral by the borrower pursuant to any master loan agreement in bulk, either as provided in paragraph (a) of this Trust Section 6.2 or otherwise, together with the unallocated interests of other lenders, and to retain any such property upon the default of the borrower, whether or not investment in such property is authorized under this Agreement, and to receive compensation therefor out of any amounts paid by or charged to the account of the borrower; (j) to hold uninvested cash awaiting investment and such additional cash balances as it shall deem reasonable or necessary, without incurring any liability for the payment of interest thereon; and (4k) Generally generally, consistent with the provisions of this Agreement to do perform all other acts (whether or not expressly authorized herein) which the Trustee deems it may deem necessary or appropriate and prudent for the protection of the Trust. (5) The Trustee at the direction of the Company may appoint a Custodian, acceptable to the Company, to safeguard the assets of the Trust. The Company hereby authorizes and directs the Trustee to enter into such agreements with the Custodian as may be necessary to establish an account with the Custodian. For administrative purposes, contributions deposited to the appointed Custodian shall be deemed as contributions deposited with the Trustee on behalf of the Trust.

Additional Powers of Trustee. In addition to and not in limitation of such powers as the Trustee has by law or under any other provisions of the Plan and this Agreement, but subject to the provisions of this Agreement including, without limitation, Section 5 and the requirements of applicable law, the Trustee will have the powers specified in this Section 4.1. As provided herein, the Trustee will exercise such powers concerning investments or other discretionary actions only as a directed Trustee, and will not be liable or responsible for the consequences of its exercising any such power as directed: (a) To to deal with all or any part of the extent necessary Trust assets including the power to acquire and dispose of assets; (b) to hold any part of the Trust assets in cash pending the investment or which it deems appropriate distribution thereof, without liability for interest; (c) to implement its powers under Section 5 enforce by suit or otherwise to fulfill any of waive its duties and responsibilities as Trustee rights on behalf of the Trust, and to defend claims asserted against it or the Trust; provided that the Trustee will not be required to institute or defend any court or administrative proceeding unless it has first been indemnified to its satisfaction for the costs and expenses of such proceeding; (d) to compromise, adjust and settle any and all claims against or in favor of it or the Trust; (e) to vote, or give proxies to vote, any stock or other security held in the Trust, and to waive notice of meetings; provided, however, that for plan assets invested in registered investment companies, the Trustee shall have act in accordance with appropriate directions received from the following additional powers and authority:Company with respect to the matters to be voted by the shareholders of the registered investment companies. (1f) To register securitiesto oppose, or consent to and participate in, the reorganization, merger, consolidation or readjustment of the finances or capitalization of any other propertyenterprise, to pay assessments and expenses in connection therewith, and to deposit securities under deposit agreements, to exercise or sell any conversion privileges or subscription rights, and to make payments incidental thereto; (g) to hold securities unregistered, or to register them in its own name or in the name of any nominee, including the name of any affiliate or the nominee name designated by any affiliate, (with or without indication of its fiduciary capacity hereunder) or in the capacity in which names of nominees, provided that the Trustee's records will at all times show that such property shall be held, or to hold securities in bearer form and to deposit any securities or other property in a depository or clearing corporationis owned by the Trust; (2h) Upon receiving the consent of an Authorized Partyto hold in its name GICs, if any which it holds pursuant to designate and engage the services of, and to delegate powers and responsibilities to, such agents, representatives, advisers, counsel and accountants as the Trustee considers necessary or appropriate and, as part of its expenses under this Trust Agreement, to pay a conversion until their reasonable expenses and compensationmaturity date; (3i) To maketo do all acts and things, execute not specified herein, which it deems advisable to carry out the Trust, and deliver, as Trustee, any and all deeds, leases, mortgages, conveyances, waivers, releases or other instruments in writing necessary or appropriate for the accomplishment of generally to exercise any of the powers listed in this Trust Agreementof an owner with respect to all or any part of the Trust; (j) to make, execute, acknowledge and deliver any and all documents that it deems necessary or appropriate to carry out its power and duties hereunder; and (4k) Generally to do all other acts which lend to Participants in the Trustee deems necessary or appropriate for Plan such amounts and upon such terms and conditions as the protection of the Trust. (5) The Trustee at the Named Fiduciary may direct. Any such direction of the Company may appoint a Custodian, acceptable to the Company, to safeguard the assets of the Trust. The Company hereby authorizes and directs the Trustee to enter into such agreements with the Custodian as may be necessary to establish an account with the Custodian. For administrative purposes, contributions deposited to the appointed Custodian shall be deemed as contributions deposited to include a certification by the Named Fiduciary that such lending is in accordance with the Trustee on behalf provisions of ERISA and the TrustPlan.