Description of Trust. The Trust, Fixed Income SHares ("FISH"), is an open-end management investment company which presently has the following two investment portfolios: FISH: Series C and FISH: Series M (each a "Portfolio"). Additional investment portfolios may be established in the future. This Contract shall pertain to the Portfolios and to such additional investment portfolios as shall be designated in Supplements to this Contract, as further agreed between the Trust and the Distributor. The Trust engages in the business of investing and reinvesting the assets of the Portfolios in the manner and in accordance with the investment objectives and restrictions specified in the Trust's currently effective Prospectus or Prospectuses and Statement of Additional Information (together, the "Prospectus") relating to the Portfolios included in the Trust's Registration Statement, as amended from time to time (the "Registration Statement"), as filed by the Trust under the Investment Company Act of 1940, as amended (together with the rules and regulations thereunder, the "1940 Act") and the Securities Act of 1933, as amended (together with the rules and regulations thereunder, the "1933 Act"). Copies of the documents referred to in the preceding sentence have been furnished to the Distributor. Any amendments to those documents shall be furnished to the Distributor promptly.
Description of Trust. Alliant represents and agrees that:
(a) the Trust is intended to be a grantor trust, of which Alliant is the grantor, within the meaning of subpart E, part I, subchapter J, chapter 1, subtitle A of the Code and shall be construed accordingly;
(b) a true and correct copy of the Plan, as in effect on the Effective Date hereof, is attached hereto as Exhibit A, and Alliant shall file with the Trustee, promptly upon its adoption, a true and correct copy of each amendment to the Plan;
(c) the Trust is intended to provide a source of funds to assist the Employers in meeting liabilities under the Plan as provided herein subject to the claims of General Creditors in the event of Insolvency, and subject to and in accordance with Section 6.5 hereof, the balance of the Trust Fund, if any, remaining after payment of the obligations of Alliant under the Plan will revert to Alliant in accordance with the Trust Agreement;
(d) contributions by the Employers to the Trust which are made coincident with and subsequent to the Effective Date shall be in amounts determined under Section 3 hereof, and Alliant agrees that contributions will be made to the Trust as provided therein;
(e) the principal of the Trust and any earnings thereon shall be held by the Trustee separate and apart from other funds of the Employers for the benefit of Plan Participants, their Beneficiaries and the General Creditors as herein set forth;
(f) the Trust shall constitute an unfunded arrangement and shall not affect the status of the Plan as an unfunded plan;
(g) Participants and their Beneficiaries shall have no preferred claim on, or any beneficial ownership interest in, assets of the Trust, to the extent that any rights are created under the Plan and the Trust, any such rights shall be mere unsecured contractual rights of Participants and their Beneficiaries against the Employers under the Plan, and such Participants, or their Beneficiaries, shall have only the unsecured promise of the Employers that such payments will be made, any assets held by the Trust will be subject to the claims of General Creditors under federal and state law in the event of Insolvency, as defined herein, with no preference whatsoever given to claims of Participants or their Beneficiaries over claims of other general unsecured creditors of Alliant; and
(h) to the extent the Plan is covered by ERISA, the Plan is a plan for a select group of management or highly compensated employees, and as such is exempt from the requirement...
Description of Trust. (a) The Employer hereby establishes with the Trustee the Grantor Trust of The Xxxxx National Bank (the "Trust") which shall be a part of the Agreements. The Trust shall consist of such sums of money or property (acceptable to the Trustee) as shall be paid to the Trustee under the Agreements, and any earnings, profits, increments, additions and appreciation thereto. The Trustee shall be subject only to terms of this Trust. All such sums of money, all investments made therewith or proceeds thereof, and all earnings, profits, increments, appreciation and additions thereto, less the payments which shall have been made by the Trustee, as authorized herein, are referred to herein as the "Trust Fund" or the "Fund".
(b) The Trust is an irrevocable grantor trust within the meaning of Section 671 of the Internal Revenue Code. Notwithstanding the foregoing, on March 1st of 1999 and March 1st of each subsequent year: (i) the Board of Directors shall have a thirty (30) day period in which to reevaluate this Trust Fund; and (ii) unless the Board passes a resolution stating otherwise during the thirty (30) day period, the Trust Fund shall continue in effect and remain irrevocable until the following March 1st.
(c) No portion of the Trust will revert to the Employer except if: (i) necessary to discharge the claims of creditors; (ii) the Executive has not satisfied the conditions for receipt of a Severance Payment in accordance with the Agreement; (iii) the amount of the Severance Payment constitutes an "Excess Parachute Payment," as such term is defined in the Internal Revenue Code of 1986, as amended; (iv) the amount in the Executive Account exceeds the Severance Payment; or (v) in the case of an "Interest Transfer" as described in Section 2.5.
Description of Trust. The Company represents and agrees that the Trust established under this Trust Agreement is intended to fund only the Plans. The Trust is, and is intended to be, a depository arrangement with the Trustee for the setting aside of cash and other assets of the Company as and when it so determines in its sole discretion and as required by the terms of Section 3.1 hereof, for the purpose of satisfying future obligations under the Plans. The Company represents that each Plan is an excess benefit plan (within the meaning of Section 3(36) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)), a benefit arrangement for a select group of management or highly compensated active and/or former employees (within the meaning of Sections 201(2), 301(a) (3) and 401(a) (1) of ERISA) or is not covered by ERISA. The Company further represents that the Plans are not qualified under Section 401 of the Code and, therefore, are not subject to the Code’s requirements applicable to tax-qualified plans.
Description of Trust. 4 2.3. Irrevocability........................................ 5 2.4. Acceptance by the Trustee............................. 5 SECTION 3. CONTRIBUTIONS................................................ 6
Description of Trust. The Company represents and agrees that the Trust does not fund and is not intended to fund the Plans or any other employee benefit plan or program of the Company. Contributions by the Company to the Trust shall be in amounts determined solely by the Company.
Description of Trust. The Company represents and agrees that the Trust established under this Agreement is intended to fund only the Plans. The Trust is, and is intended to be, a depositary arrangement with the Trustee for the setting aside of cash and other assets of the Company as and when it so determines in its sole discretion and as required by the terms of Section 3.1 hereof, for the purpose of satisfying future obligations under the Plans. The Company represents that each Plan is an excess benefit plan (within the meaning of Section 3(36) of ERISA), a benefit arrangement for a select group of management or highly compensated active and/or former employees (within the meaning of Sections 201(2), 301(a)(3) and 401(a)(1) of ERISA) or is not covered by ERISA. The Company further represents that the Plans are not qualified under Section 401 of the Code and, therefore, are not subject to the Code's requirements applicable to tax-qualified plans.
Description of Trust. The Company represents and agrees that the Trust established under this Trust Agreement is intended to fund only the Plans. The Trust is, and is intended to be, a depository arrangement with the Trustee for the setting aside of cash and other assets of the Company as and when it so determines in its sole discretion for the purpose of satisfying future obligations under the Plans. The Company represents that each Plan is an excess benefit plan (within the meaning of Section 3(36) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)), a benefit arrangement for a select group of management or highly compensated active and/or former employees (within the meaning of Sections 201(2), 301(a)(3) and 401(a)(1) of ERISA) or is not covered by ERISA. The Company further represents that the Plans are not qualified under Section 401 of the Code and, therefore, are not subject to the Code’s requirements applicable to tax-qualified plans.
Description of Trust. 3 1.3 Acceptance by the Trustee..................................3 ARTICLE II: CLAIMS OF COMPANY'S CREDITORS................................4 2.1
Description of Trust. The Company represents and agrees that -------------------- the Trust established under this Agreement is, and is intended to be, a depository arrangement with the Trustee for the setting aside of cash and other assets of the Company as and when the Company so determines in its sole discretion for the meeting of part or all of its future retirement and death benefit obligations to some or all of the Participants and their Beneficiaries under the Plans. Contributions by the Company to the Trust shall be in amounts determined solely by the Company. The Trustee has no obligation to determine the amount of any contribution and, except as provided in Section 5.1, with respect to drawing upon letters of credit, has no duty to enforce payment of any contribution. The Company further represents that the Plans are unfunded deferred compensation plans for a select group of management or highly compensated employees, and as such are exempt from the application of ERISA except for the disclosure requirements applicable to such plans, for which the Company bears full responsibility as to compliance. The Company further represents that the Plans are not qualified under Section 401 of the Code and therefore, are not subject to any of the Code requirements applicable to tax- qualified plans.
