DIRECTIONS FOLLOWING CHANGE IN CONTROL. Despite any other provision of this Trust Agreement that may be construed to the contrary, following a Change in Control, all powers of the Committee, the Company and the Board to direct the Trustee under this Trust Agreement shall terminate, and the Trustee shall act on its own discretion to carry out the terms of this Trust Agreement in accordance with the Plan and this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Callaway Golf Co /Ca), Trust Agreement (Claiborne Liz Inc)
DIRECTIONS FOLLOWING CHANGE IN CONTROL. Despite any other provision of this Trust Agreement that may be construed to the contrary, except Section 7.3, following a Change in Control, all powers of the Committee, the Company Parent and the Board Company to direct the Trustee under this Trust Agreement shall terminate, and the Trustee shall act on its own discretion volition to carry out the terms of this Trust Agreement in accordance with the Plan and this Trust Agreementthe related Plan Agreements.
Appears in 2 contracts
Samples: Trust Agreement (Wh Holdings Cayman Islands LTD), Trust Agreement (Herbalife International Inc)
DIRECTIONS FOLLOWING CHANGE IN CONTROL. Despite any other provision of this Trust Agreement that may be construed to the contrary, following a Change in Control, all powers of the Committee, the Company and the Board to direct the Trustee under this Trust Agreement shall terminate, and the Trustee shall act on its own discretion to carry out the terms of this Trust Agreement in accordance with the Plan Plans and this Trust Agreement.
Appears in 1 contract
