Common use of Amendment Prior to Change in Control Clause in Contracts

Amendment Prior to Change in Control. This Trust Agreement may be amended only by a written instrument executed by the Trustee, the Recordkeeper and the Company. In case of conflict between the terms of this Trust Agreement and the terms of the Plans, the terms of the Trust Agreement shall control; provided, however, that: (1) provisions that, in the determination of the Company, affect solely the Trustee may, at the option of both the Trustee and the Company, be amended by a writing executed only by the Company and the Trustee, with a copy of such writing being provided to the Recordkeeper; and (2) provisions that, in the determination of the Company, affect solely the Recordkeeper may, at the option of both the Recordkeeper and the Company, be amended by a writing executed only by the Company and the Recordkeeper, with a copy of such writing being provided to the Trustee.