Common use of Annual Accounting; Final Accounting Clause in Contracts

Annual Accounting; Final Accounting. (a) Within sixty (60) days following the end of each Plan Year and within sixty (60) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Committee a written account setting forth a description of all properties purchased and sold, all receipts, disbursements and other transactions effected by it during the Plan Year or, in the case of removal, resignation or termination, since the close of the previous Plan Year, and listing the properties held in the Trust Fund as of the last day of the Plan Year or other period and indicating their values. Such values shall be either cost or market as directed by the Committee in accordance with the terms of the Plan. (b) The Committee may approve such account either by written notice of approval delivered to the Trustee or by its failure to express written objection to such account delivered to the Trustee within sixty (60) days after the date of which such account was delivered to the Committee. (c) The approval by the Committee of an accounting shall be binding as to all matters embraced in such accounting on all parties to this Trust Agreement and on all Participants and Beneficiaries, to the same extent as if such accounting had been settled by a judgment or decree of a court of competent jurisdiction in which the Trustee, the Committee, the Company and all persons having or claiming any interest in the Plan or the Trust Fund were made parties. (d) Despite the foregoing, nothing contained in this Trust Agreement shall deprive the Trustee of the right to have an accounting judicially settled, if the Trustee, in the Trustee's sole discretion, desires such a settlement.

Appears in 2 contracts

Samples: Trust Agreement (J Jill Group Inc), Deferred Compensation Plan (J Jill Group Inc)

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Annual Accounting; Final Accounting. (a) Within sixty (60) 45 days following the end of each Plan Fiscal Year and within sixty (60) 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Committee or Administrator a written account setting forth a description of all properties purchased and sold, all receipts, disbursements and other transactions effected by it during the Plan Fiscal Year or, in the case of removal, resignation or termination, since the close of the previous Plan Fiscal Year, and listing the properties held in the Trust Fund as of the last day of the Plan Fiscal Year or other period and indicating their market values. Such values shall be either cost or market as directed by the Committee in accordance with the terms of the Plan.MASTER TRUST AGREEMENT FOR RPM, INC. DEFERRED COMPENSATION PLAN(S) ================================================================================ (b) The Committee or Administrator may approve such account either by written notice of approval delivered to the Trustee or by its failure to express written objection to such account delivered to the Trustee within sixty one (601) days year after the date of which such account was delivered to the Committee. (c) The approval by the Committee or Administrator of an accounting shall be binding as to all matters embraced in such accounting on all parties to this Master Trust Agreement and on all Participants and Beneficiaries, to the same extent as if such accounting had been settled by a judgment or decree of a court of competent jurisdiction in which the Trustee, the Committee, the Company Administrator, the Company, the Subsidiaries and all persons having or claiming any interest in the any Plan or the Trust Fund were made parties. (d) Despite the foregoing, nothing contained in this Master Trust Agreement shall deprive the Trustee of the right to have an accounting judicially settled, if the Trustee, in the Trustee's sole discretion, desires such a settlement.

Appears in 2 contracts

Samples: Master Trust Agreement (RPM Inc/Oh/), Master Trust Agreement (RPM International Inc/De/)

Annual Accounting; Final Accounting. (a) Within sixty (60) days following the end of each Plan Year and within sixty (60) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Committee a written account setting forth a description of all properties purchased and sold, all receipts, disbursements and other transactions effected by it during the Plan Year or, in the case of removal, resignation or termination, since the close of the previous Plan Year, and listing the properties held in the Trust Fund as of the last day of the Plan Year or other period and indicating their values. Such values shall be either cost or market as directed by the Committee in accordance with the terms of the Plan. (b) The Committee may approve such account either by written notice of approval delivered to the Trustee or by its failure to express written objection to such account delivered to the Trustee within sixty (60) days after the date of which such account was delivered to the Committee. (c) The approval by the Committee of an accounting shall be binding as to all matters embraced in such accounting on all parties to this Trust Agreement and on all Participants and Beneficiaries, to the same extent as if such accounting had been settled by a judgment or decree of a court of competent jurisdiction in which the Trustee, the Committee, the Company and all persons having or claiming any interest in the Plan or the Trust Fund were made parties. (d) Despite the foregoing, nothing contained in this Trust Agreement shall deprive the Trustee of the right to have an accounting judicially settled, if the Trustee, in the Trustee's ’s sole discretion, desires such a settlement.

Appears in 2 contracts

Samples: Trust Agreement (J Jill Group Inc), Trust Agreement (J Jill Group Inc)

Annual Accounting; Final Accounting. (a) Within sixty (60) 60 days following the end of each Plan Year and within sixty (60) 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Committee a written account setting forth a description of all properties purchased and sold, all receipts, disbursements and other transactions effected by it during the Plan Year or, in the case of removal, resignation or termination, since the close of the previous Plan Year, and listing the properties held in the Trust Fund as of the last day of the Plan Year or other period and indicating their values. Such values shall be either cost or market as directed by the Committee in accordance with the terms of the Plan. (b) The Committee may approve such account either by written notice of approval delivered to the Trustee or by its failure to express written objection to such account delivered to the Trustee within sixty (60) 60 days after the date of which such account was delivered to the Committee. (c) The approval by the Committee of an accounting shall be binding as to all matters embraced in such accounting on all parties to this Master Trust Agreement and on all Participants and Beneficiaries, to the same extent as if such accounting had been settled by a judgment or decree of a court of competent jurisdiction in which the Trustee, the Committee, the Company and all persons having or claiming any interest in the any Plan or the Trust Fund were made parties. (d) Despite the foregoing, nothing contained in this Master Trust Agreement shall deprive the Trustee of the right to have an accounting judicially settled, if the Trustee, in the Trustee's sole discretion, desires such a settlement.

Appears in 1 contract

Samples: Master Trust Agreement (Certified Grocers of California LTD)

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Annual Accounting; Final Accounting. (a) Within sixty (60) 60 days following the end of each Plan Year and within sixty (60) 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Committee a written account setting forth a description of all properties purchased and sold, all receipts, disbursements and other transactions effected by it during the Plan Year or, in the case of removal, resignation or termination, since the close of the previous Plan Year, and listing the properties held in the Trust Fund as of the last day of the Plan Year or other period and indicating their values. Such values shall be either cost or market as directed by the Committee in accordance with the terms of the PlanPlans. (b) The Committee may approve such account either by written notice of approval delivered to the Trustee or by its failure to express written objection to such account delivered to the Trustee within sixty (60) 60 days after the date of which such account was delivered to the Committee.. -------------------------------------------------------------------------------- -16- 20 ON ASSIGNMENT, INC. Deferred Compensation Plan Master Trust Agreement ================================================================================ (c) The approval by the Committee of an accounting shall be binding as to all matters embraced in such accounting on all parties to this Master Trust Agreement and on all Participants and Beneficiaries, to the same extent as if such accounting had been settled by a judgment or decree of a court of competent jurisdiction in which the Trustee, the Committee, the Company Company, the Subsidiaries and all persons having or claiming any interest in the any Plan or the Trust Fund were made parties. (d) Despite the foregoing, nothing contained in this Master Trust Agreement shall deprive the Trustee of the right to have an accounting judicially settled, if the Trustee, in the Trustee's sole discretion, desires such a settlement.

Appears in 1 contract

Samples: Deferred Compensation Plan Master Trust Agreement (On Assignment Inc)

Annual Accounting; Final Accounting. (a) Within sixty (60) 60 days following the end of each Plan Year and within sixty (60) 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Committee a written account setting forth a description of all properties purchased and sold, all receipts, disbursements and other transactions effected by it during the Plan Year or, in the case of removal, resignation or termination, since the close of the previous Plan Year, and listing the properties held in the Trust Fund as of the last day of the Plan Year or other period and indicating their values. Such values shall be either cost or market as directed by the Committee in accordance with the terms of the PlanPlans. (b) The Committee may approve such account either by written notice of approval delivered to the Trustee or by its failure to express written objection to such account delivered to the Trustee within sixty (60) 60 days after the date of which such account was delivered to the Committee.. AMERISTAR CASINOS, INC. Deferred Compensation Plan Master Trust Agreement ================================================================================ (c) The approval by the Committee of an accounting shall be binding as to all matters embraced in such accounting on all parties to this Master Trust Agreement and on all Participants and Beneficiaries, to the same extent as if such accounting had been settled by a judgment or decree of a court of competent jurisdiction in which the Trustee, the Committee, the Company Company, the Subsidiaries and all persons having or claiming any interest in the any Plan or the Trust Fund were made parties. (d) Despite the foregoing, nothing contained in this Master Trust Agreement shall deprive the Trustee of the right to have an accounting judicially settled, if the Trustee, in the Trustee's sole discretion, desires such a settlement.

Appears in 1 contract

Samples: Deferred Compensation Plan Master Trust Agreement (Ameristar Casinos Inc)

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