Common use of Claims of General Creditors Clause in Contracts

Claims of General Creditors. At all times during the continuance of this Trust, the principal and income of the Trust shall be subject to claims of general creditors of the Company under federal and state law as set forth below. (a) The Board of Directors and the highest ranking officer of the Company shall have the duty to inform the Trustee in writing of the Company's Insolvency. If a person claiming to be a creditor of the Company alleges in writing to the Trustee that the Company has become Insolvent, the Trustee shall determine whether the Company is Insolvent and, pending such determination, the Trustee shall discontinue payments from the Trust to Executives and Beneficiaries. (b) Unless the Trustee has actual knowledge of the Company's Insolvency, or has received notice from the Company or a person claiming to be a creditor alleging that the Company is Insolvent, the Trustee shall have no duty to inquire whether the Company is Insolvent. The Trustee may in all events rely on such evidence concerning the Company's solvency as may be furnished to the Trustee and that provides the Trustee with a reasonable basis for making a determination concerning the Company's solvency. (c) If at any time the Trustee has determined that a Company is Insolvent, the Trustee shall discontinue payments to Executives and Beneficiaries and shall hold the assets of the Trust for the benefit of the Company's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of any Executive or Beneficiary to pursue rights as a general creditor of the Company with respect to benefits due under the SERP or an applicable Severance Agreement or otherwise. (d) The Trustee shall resume payments from the Trust to Executives and Beneficiaries in accordance with Section 2 of this Trust Agreement only after the Trustee has determined that the Company is not Insolvent or is no longer Insolvent. -6-

Claims of General Creditors. At all times during the continuance of this Trust, the principal and income of the Trust shall be subject to claims of general creditors of the Company under federal and state law as set forth below.law, pursuant to the following procedures: (a) The Board of Directors and the highest ranking officer Chief Executive Officer of the Company (“CEO”) shall have the duty to inform the Trustee in writing of the Company's ’s Insolvency. If a person claiming to be a creditor of the Company alleges in writing to the Trustee that the Company has become Insolvent, the Trustee shall determine whether the Company is Insolvent and, pending such determination, the Trustee shall discontinue payments from the Trust payment of benefits to Executives and BeneficiariesParticipants. (b) Unless the Trustee has actual knowledge of the Company's ’s Insolvency, or has received notice from the Company or a person claiming to be a creditor alleging that the Company is Insolvent, the Trustee shall have no duty to inquire whether the Company is Insolvent. The Trustee may in all events rely on such evidence concerning the Company's ’s solvency as may be furnished to the Trustee and that provides the Trustee with a reasonable basis for making a determination concerning the Company's ’s solvency. (c) If at any time the Trustee has determined that a the Company is Insolvent, the Trustee shall discontinue payments to Executives and Beneficiaries the Participants and shall hold the assets of the Trust for the benefit of the Company's ’s general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of any Executive or Beneficiary Participants to pursue their rights as a general creditor creditors of the Company with respect to benefits due under the SERP or an applicable Severance Agreement Plans or otherwise. (d) The Trustee shall resume payments from the Trust payment of benefits to Executives and Beneficiaries in accordance with Section 2 of this Trust Agreement Participants only after the Trustee has determined that the Company is not Insolvent or is no longer Insolvent. -6-After the Trustee receives notice that the Company is Insolvent, the Trustee shall deliver any undistributed assets of the Trust Fund to satisfy such claims of the general creditors of the Company as a court of competent jurisdiction may direct. The Trustee shall have the right to pay the assets of the Trust into such court in an interpleader proceeding for the purpose of being directed by such court as to the proper disposition of such assets. If any person claiming to be a creditor of the Company files a claim with the Trustee against the assets of the Trust Fund, the Trustee shall determine, within 30 days after receipt of such claim, whether the Company is Insolvent. Pending such determination of the Company’s Insolvency by the Trustee, the Trustee shall discontinue payments to the Participants and Beneficiaries. The Trustee shall resume holding the Trust assets for the benefit of the affected Participants and resume making any payments under the Plan to the affected Participants only after the Trustee has determined that the Company is not Insolvent (or is no longer Insolvent, if the Trustee initially determined the Company to be Insolvent).

Claims of General Creditors. At all times during the continuance of this Trust, as provided in Articles 1 and 7 herein, the principal and income of the Trust shall be subject to the claims of general creditors of the Company under federal and state law as set forth below. (a) The Board of Directors and the highest ranking officer of the Company shall have the duty to inform the Trustee in writing of the Company's Insolvency. If a person claiming to be a creditor of the Company alleges in writing to the Trustee that the Company has become Insolvent, the Trustee shall determine whether the Company is Insolvent and, pending such determination, the Trustee shall discontinue payments from the Trust payment of benefits to Executives and BeneficiariesParticipants. (b) Unless the Trustee has actual knowledge of the Company's Insolvency, or has received notice from the Company or a person claiming to be a creditor alleging that the Company is Insolvent, the Trustee shall have no duty to inquire whether the Company is Insolvent. The Trustee may in all events rely on such evidence concerning the Company's solvency as may be furnished to the Trustee and that provides the Trustee with a reasonable basis for making a determination concerning the Company's solvency. (c) If at any time the Trustee has determined that a the Company is Insolvent, the Trustee shall discontinue payments to Executives and Beneficiaries the Participants and shall hold the assets of the Trust for the benefit benefits of the Company's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of any Executive or Beneficiary Participants to pursue their rights as a general creditor creditors of the Company with respect to benefits due under the SERP or an applicable Severance Agreement Plan or otherwise. (d) The Trustee shall resume payments from the Trust payment of benefits to Executives and Beneficiaries Participants in accordance with Section Article 2 of this Trust Agreement only after the Trustee has determined that the Company is not Insolvent (or is no longer Insolvent. -6-).