APPOINTMENT AND REMOVAL OF TRUSTEES. Effective January 1, 2003, Sections 8.1 and 8.2 of the Agreement shall be amended to read in full as follows:
Section 8.1. The Trustee acting hereunder shall be one or more qualified corporations appointed by TCF Financial to serve in such capacity. The number of Trustees shall not be increased or decreased except with the written consent of at least two-thirds of the aggregate of (i) the Plan’s participants who are active employees, (ii) the participants who are former employees but who are entitled to benefits under the Plan and (iii) the beneficiaries of deceased participants who are entitled to benefits under the Plan (counting the multiple beneficiaries of a single participant as one beneficiary, whose consent is given only if a majority of such beneficiaries give their consent). Upon any determination to increase the number of Trustees, or upon the removal or resignation of any Trustee, the vacancy or vacancies so created shall be filled by such qualified corporations as may be appointed by the Board of Directors of TCF Financial and approved in writing by at least two-thirds of the aggregate of (i) the Plan’s participants who are active employees, (ii) the participants who are former employees but who are entitled to benefits under the Plan and (iii) the beneficiaries of deceased participants who are entitled to benefits under the Plan (counting the multiple beneficiaries of a single participant as one beneficiary, whose consent is given only if a majority of such beneficiaries give their consent). If the Board of Directors of TCF Financial fails to make such an appointment or the appointed corporation fails to receive the required written consent, and if there is no other Trustee then acting, a successor Trustee or Trustees shall be appointed by a court of competent jurisdiction. Any such appointment shall be effective upon the acceptance thereof in writing by the qualified corporation so appointed and delivery of a signed copy of such acceptance to the Trustee then in office.
Section 8.2. The Trustee, and any successor to any Trustee, may be removed by the Board of Directors of TCF Financial at any time upon the receipt by the Board of Directors of TCF Financial of the consent of at least two-thirds of the aggregate of (i) the Plan’s participants who are active employees, (ii) the participants who are former employees but who are entitled to benefits under the Plan and (iii) the beneficiaries of deceased participants who are entitled to benefits u...
APPOINTMENT AND REMOVAL OF TRUSTEES. (1) The Employer may by deed:
(a) appoint new or additional Trustees (without any limit on their number);
(b) remove a Trustee. A deed executed by the Employer and any Trustees not being removed declaring that the Trustee named in it is removed from office has the same effect as a deed executed by the Employer and all the Trustees declaring that the Trustee being removed wishes to be discharged and that the Employer and the other Trustees consent to the discharge and to the vesting in the other Trustees alone of the Fund.
(2) A Trustee who retires or is removed must promptly execute any deeds and other documents required to vest the Fund in the Trustees.
(3) There may be a sole corporate Trustee which is not a trust corporation.
APPOINTMENT AND REMOVAL OF TRUSTEES. 8.1 The original Trustees are the Trustees named in this Deed who are signatories to this Deed. Thereafter, the power of appointment of Trustees shall be vested according to clause 8.4.
8.2 The number of Trustees shall be not less than three (3) nor more than five (5). If at any time there are less than three (3) Trustees the person or persons having the power of appointment of such Trustees under clause 8.4 shall increase the number of such Trustees to three (3) as soon as is reasonably practicable. The remaining Trustees shall be entitled to act until the number of Trustees appointed is so increased and no act or decision of the Trustees shall be called into question on such account provided that such actions are limited to essential administrative matters only.
8.3 The persons having the power to appoint Trustees in accordance with clause 8.4 shall also have the power to appoint any person at any time or times as an advisory Trustee provided that any such advisory Trustee shall not vote on any resolution of the Trustees or participate in the management or administration of the Trust Fund.
8.4 a. The Trustees, other than the original Trustees, shall be appointed on the basis of their skill, understanding of good governance, and experience necessary to enable the Trust to achieve its Objects.
APPOINTMENT AND REMOVAL OF TRUSTEES. 6 7. AMENDMENTS .........................................................6 8.
APPOINTMENT AND REMOVAL OF TRUSTEES. 6.1 The Principal Employer shall have the power of appointing a new or additional trustee or trustees of the Scheme at any time (without limitation as to number) and shall likewise have the power of removing any Trustee from office whereupon the relevant Trustee shall execute such documents and do such things as may be necessary to give proper effect to such removal; any such appointment or removal shall be made or confirmed by deed.
6.2 The Principal Employer may at its discretion appoint a body corporate to act as a Trustee or the sole Trustee whereupon the powers duties authorities and discretions of the Trustees shall be exercisable by the board of directors of such body corporate or by any officer properly appointed by it.
6.3 Any Trustee may resign his appointment as trustee by serving on the Principal Employer one month's notice in writing to that effect which notice shall be delivered to or sent by registered post to the registered office of the Principal Employer and at the expiration of such notice the Trustee by whom the notice was served as aforesaid shall be deemed to have retired from office and the Principal Employer and the Trustee shall execute such documents and do such things as may be necessary to give proper effect to such retirement.
6.4 The provisions of this Clause are subject (where applicable) to the requirements of Sections 16 to 21 of the Pensions Act relating to member-nominated trustees and member-nominated directors.
APPOINTMENT AND REMOVAL OF TRUSTEES. The power of appointing new trustees shall be vested in the Issuer but a trustee so appointed must in the first place be approved by an Extraordinary Resolution or Written Resolution. A Trust Corporation may be appointed sole trustee hereof or alternatively there shall be at least two trustees hereof one at least of which shall be a Trust Corporation. Any appointment of a new trustee hereof shall as soon as practicable thereafter be notified by the Issuer to the Principal Paying Agent and the other Agents and to the Noteholders. The Noteholders shall together have the power, exercisable by Extraordinary Resolution or Written Resolution, to remove any trustee or trustees for the time being hereof. The removal of any trustee shall not become effective unless the Issuer has given its prior written consent thereto and there remains a trustee hereof (being a Trust Corporation) in office after such removal. Whenever there shall be more than two trustees hereof the majority of such trustees shall (provided such majority includes a Trust Corporation) be competent to execute and exercise all the trusts, powers, authorities and discretions vested by these presents in the Trustee generally.
APPOINTMENT AND REMOVAL OF TRUSTEES. 4.1.1 There shall be at least one Trustee if a body corporate or at least two Trustees if individuals and the remainder of this Clause is subject to this proviso.
4.1.2 The Company may by Deed appoint new or additional trustees of the Plan up to any number subject to such limit (if any) as may for the time being be imposed by law but so that any person whether an individual or a body corporate may be appointed and if appointed may act as a new or additional Trustee hereof notwithstanding that he she or it is resident outside the island of Guernsey.
APPOINTMENT AND REMOVAL OF TRUSTEES. The Board may at any time by notice in writing:
(a) appoint a new (or additional) trustee, including a corporate trustee (to the exclusion of the trustee's statutory power of appointment); and
(b) remove a trustee from office (but not so as to leave in office fewer than two trustees or a corporate trustee), without assigning any reason for its removal which (in the absence of a date specified in the notice) shall take effect immediately.
APPOINTMENT AND REMOVAL OF TRUSTEES. The Chairman shall be entitled by instrument in writing at any time and from time to time:
(a) to remove any Trustee;
(b) to appoint any additional Trustee or Trustees;
(c) to appoint a new Trustee or Trustees in the place of any Trustee who resigns his Trusteeship or ceased to be a Trustee by operation of law.
APPOINTMENT AND REMOVAL OF TRUSTEES. Effective January 1, 2003, Section 10 of the Agreement shall be amended to read in full as follows:
