AMENDMENT AND TERMINATION OF THE TRUST. SECTION 9.1. This Agreement may be amended at any time and from time to time, upon the approval of the Board of Directors of TCF Financial; PROVIDED, that no such amendment shall take effect unless and until it has been consented to in writing by all of the Plan's participants (excluding any terminated participants and beneficiaries then receiving distributions pursuant to the Plan, other than terminated participants entitled to a lump sum distribution.). In the event that all of the Plan's participants do not consent to a proposed amendment, such amendment shall not take effect but the Trust assets credited to the accounts of the consenting participants (together with the accounts of any participants or beneficiaries whose consent is not required) shall be transferred to a separate trust established pursuant to an agreement that is identical to this Agreement in all respects, except that it may include the proposed amendment.
SECTION 9.2. This Trust shall not be terminated until such time as all of the Companies' obligations to make distributions pursuant to the Plan have been fully discharged unless all of the Plan's participants (excluding any terminated participants and beneficiaries then receiving distributions pursuant to the Plan other than terminated participants entitled to a lump sum distribution) shall consent in writing to an earlier termination. If all of the Plan's participants, terminated participants and beneficiaries do not consent to an early termination, the Trust shall terminate with respect to such consenting participants (and with respect to participants or beneficiaries whose consent is not required) but shall continue in effect with respect to the nonconsenting participants. Upon a termination or partial termination of the Trust, the Trust assets, if any, that remain in the accounts established for participants in the Plan (or for the consenting participants (and participants or beneficiaries whose consent is not required), if fewer than all of the Plan's participants have consented to a termination for which the participants' consent is required) shall be paid or distributed to TCF Financial or its successor in interest.
AMENDMENT AND TERMINATION OF THE TRUST. 7.01 Amendment The Company and the Trustee may agree to amend the terms of the Trust, including the terms of this Agreement. No amendment to the terms of the Trust and the terms of this Agreement are binding or effective unless the Tribunal approves the amendment.
AMENDMENT AND TERMINATION OF THE TRUST. Section 9.1. This Agreement may be amended at any time and from time to time by way of a written instrument signed by TCF Financial and the Trustee, to the extent that Plan participants and beneficiaries who are then entitled to benefits under the Plan have consented in writing thereto. In any event, no amendment will conflict with the terms of the Plan.
Section 9.2. This Trust will not be terminated until all of the Companies’ obligations to make distributions pursuant to the Plan have been fully discharged, except to the extent that Plan participants and beneficiaries who are then entitled to benefits under the Plan have consented in writing to an earlier termination. To the extent the Trust is terminated, Trust assets (including Parent Contributions) remaining after payment of outstanding charges under this Agreement will be distributed to TCF Financial.
Section 9.3. TCF Financial will be responsible for obtaining such consents. (If a single deceased participant has multiple beneficiaries, all such beneficiaries will be deemed to have consented if a majority have actually consented, and none of such beneficiaries will be deemed to have consented if less than a majority has actually consented.) TCF Financial will notify the Trustee and the Record Keeper in writing of those participants and beneficiaries who have not consented; as to such individuals, the Trust will persist without changes to its terms. The Trustee may assume that TCF Financial has obtained all possible consents unless TCF provides written notice to the contrary upon signing the amendment or directing Trust termination, as the case may be.
AMENDMENT AND TERMINATION OF THE TRUST. 19 Section 9.1. Amendment of Agreement 19 Section 9.2. Termination of Agreement 19 ARTICLE X - THE COMMITTEE 20 Section 10.1. Membership and Actions of the Committee 20 Section 10.2. Committee Compensation and Expenses 20 Section 10.3. Indemnity of Committee 21 ARTICLE XI - MISCELLANEOUS 21 Section 11.1. Governing Law 21 Section 11.2. No Effect on Employment 21 Section 11.3. Successors 21 Section 11.4. Severability 22 Section 11.5. Incorporation of Plan as Part of Agreement 22 Section 11.6. Execution in Counterparts 22 Section 11.7. Effect of Divisions and Captions 22 Section 11.8. Gender and Number 22 TRUST AGREEMENT UNDER SUPPLEMENTAL EXECUTIVE RETIREMENT PROGRAM FOR OFFICERS OF AMERICAN AIRLINES, INC. PARTICIPATING IN THE $UPER $AVER PLUS PLAN THIS AGREEMENT (the "Agreement") is made and entered into effective as of the 15th day of September, 2005 (the "Effective Date"), by and between AMERICAN AIRLINES, INC. (the "Corporation"), a corporation organized and existing under the laws of the State of Delaware, and WACHOVIA BANK, NATIONAL ASSOCIATION (the "Trustee"), a national association organized and existing under the laws of the United States, and the individuals constituting the Committee described in Section 10.1 hereof (the "Committee").
AMENDMENT AND TERMINATION OF THE TRUST. SECTION 9.1. The Board of Directors of TCF Financial may, in its discretion, terminate or amend this Trust Agreement from time to time, provided, however, that no such termination or amendment shall (without the Employee's consent) alter any Employee's right to payments of amounts previously credited to such Employee's Account or delay the time or times at which an Employee is entitled to receive payments with respect to his Deferred Amounts, unless such termination or amendment is necessary as a condition of receiving a ruling from the Internal Revenue Service that Employees' Deferred Amounts will not be included in their gross income for Federal income tax purposes until such time as they are actually paid or otherwise made available to the Employee. The Trust Agreement is hereby amended effective October 20, 1997, to replace Article 11 with the following:
AMENDMENT AND TERMINATION OF THE TRUST. SECTION 9.1. The Personnel Committee of the TCF Financial Board of Directors, which is the Plan Administrator of this Plan, shall have full power to amend this Trust from time to time, or to terminate this Trust, except that no such amendment or termination shall deprive an Eligible Employee or beneficiary or survivor thereof of any benefits accrued under this Trust prior to such amendment or termination without the written consent of such Eligible Employee, or if deceased, the beneficiary or survivor thereof.
AMENDMENT AND TERMINATION OF THE TRUST. Section 10.1 Amendment 13 Section 10.2 Termination 13 Section 11.1 Nonalienation 13 Section 11.2 Employment 13 Section 11.3 Certification of Trust Agreement 13 Section 11.4 Governing Law 13 Section 11.5 Segregation of Assets 14 Section 11.6 Titles 14 Section 11.7 Counterparts 14 Section 11.8 Severability 14 Section 11.9 Written Notice 14 Section 11.10 Confidentiality Agreement 14 Section 12.1 “Act” 14 Section 12.2 “Agreement” 14 Section 12.3 “Code” 15 Section 12.4 “Named Fiduciary” 15 Section 12.5 “Participant” 15 Section 12.6 “Participant Loan” 15 Section 12.7 “Plan” 15 Section 12.8 “Plan Administrator” 15 Section 12.9 “Recordkeeper” 15 Section 12.10 “Trust” 15 Section 12.11 “Trust Fund” 15 Section 12.12 “Trustee” 15
AMENDMENT AND TERMINATION OF THE TRUST
