Common use of Delivery to the Company Clause in Contracts

Delivery to the Company. (a) Any amount in excess of $100 delivered to the Trustee pursuant to Section 2.01 hereof or otherwise constituting part of the Trust Corpus shall be returned to the Company, unless within six (6) months of such delivery to the Trustee a Change in Control shall have occurred. Such six month period shall be renewed (i) for any Potential Change in Control which occurs during any initial six month period or (ii) by a resolution adopted by the Board of Directors and delivered to the Trustee by the Company to the effect that such an initial six month period (or a six month period that is renewed in accordance with clause (i) of this Section 4.01(a)) shall start anew. (b) Any amount held by the Trustee for the benefit of an Executive shall be paid to the Company immediately following the final payment of all amounts payable to such Executive pursuant to the terms of the Executive's Agreement, as certified to the Trustee by the Executive. (c) Upon the termination of the Trust as provided in the first sentence of Section 6.01(a), the Trustee shall pay to the Company the amount of the Trust Corpus, less all payments, expenses, taxes and other charges under this Trust Agreement as of such date of termination, provided that in the event that the Trust shall continue with respect to one or more Executives in accordance with the provisions of Section 6.01(b), the Trustee shall pay to the Company the amount that would have been payable to the Company if the Trust had terminated as provided in Section 6.01(a), less (i) the amounts subject to litigation or arbitration for each such Executive, as certified to the Trustee by each such Executive, and (ii) an amount estimated by the Trustee to be sufficient to pay all of the Trustee's fees and expenses with respect to the additional period of time that the Trust shall continue in effect pursuant to Section 6.01(b).

Delivery to the Company. (a) Any amount in excess of $100 delivered to the Trustee pursuant to Section 2.01 hereof or otherwise constituting part of the Trust Corpus shall be returned to the Company, unless within six (6) months of such delivery to the Trustee a Change in Control shall have occurred. Such six month period shall be renewed (i) for any Potential Change in Control which occurs during any initial six month period or (ii) by a resolution adopted by the Board of Directors and delivered to the Trustee by the Company to the effect that such an initial six month period (or a six month period that is renewed in accordance with clause (i) of this Section 4.01(a)) shall start anew. (b) Any amount held by the Trustee for the benefit of an Executive shall be paid to the Company immediately following the final payment of all amounts payable to such Executive pursuant to the terms of the Executive's Agreement, as certified to the Trustee by the Executive. (c) Upon the termination of the Trust as provided in the first sentence of Section 6.01(a), the Trustee shall pay to the Company the amount of the Trust Corpus, less all payments, expenses, taxes and other charges under this Trust Agreement as of such date of termination, provided that in the event that the Trust shall continue with respect to one or more Executives in accordance with the provisions of Section 6.01(b), the Trustee shall pay to the Company the amount that would have been payable to the Company if the Trust had terminated as provided in Section 6.01(a), less (i) the amounts subject to litigation or arbitration for each such Executive, as certified to the Trustee by each such Executive, and (ii) an amount estimated by the Trustee to be sufficient to pay all of the Trustee's fees and expenses with respect to the additional period of time that the Trust shall continue in effect pursuant to Section 6.01(b).amount