Common use of Distributions from Trust Clause in Contracts

Distributions from Trust. The Committee may at any time prior to a Change of Control direct that the Shares and any other property (“Non-Share Interests”) credited to a Participant’s Share Award Account be distributed from the Trust. If not earlier distributed in accordance with the foregoing sentence, upon the termination of a Participant’s employment prior to a Change of Control, such Participant (or, in the event of his death, his Beneficiary) shall be entitled to a distribution from the Trust of all Shares and Non-Share Interests credited to his Share Award Account; provided that, so long as such direction shall not cause the Company or its Subsidiaries to breach any covenant or otherwise incur a default under any credit or other financing agreement to which it is a party, the Company may direct the Trustee to pay the Participant (or his Beneficiary) the Cash Value of such Shares in lieu of a distribution in Shares. Notwithstanding the foregoing, in the case of any Participant whose employment terminated prior to the Original Restatement Date and, as of the Original Restatement Date, whose Share Award Account is credited with Shares, such Shares and Non-Share Interests credited to such Account shall be distributed to such Participant as soon as administratively practicable following the Original Restatement Date, but in any event, no later than one year from such Date.

Appears in 1 contract

Samples: Trust Agreement for American (American Standard Companies Inc)

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Distributions from Trust. The Committee may at any time prior to a Change of Control direct that the Shares and any other property ("Non-Share Interests") credited to a Participant’s 's Share Award Account be distributed from the Trust. If not earlier distributed in accordance with the foregoing sentence, upon the termination of a Participant’s 's employment prior to a Change of Control, such Participant (or, in the event of his death, his Beneficiary) shall be entitled to a distribution from the Trust of all Shares and Non-Share Interests credited to his Share Award Account; provided that, so long as such direction shall not cause the Company or its Subsidiaries ASCI to breach any covenant or otherwise incur a default under any credit or other financing agreement to which it is a party, ASCI or the Company may direct the Trustee to pay the Participant (or his Beneficiary) the Cash Value of such Shares in lieu of a distribution in Shares. Notwithstanding the foregoing, in the case of any Participant whose employment terminated prior to the Original Restatement Date and, as of the Original Restatement Date, whose Share Award Account is credited with Shares, such Shares and Non-Share Interests credited to such Account shall be distributed to such Participant as soon as administratively practicable following the Original Restatement Date, but in any event, no later than one year from such Date.

Appears in 1 contract

Samples: Trust Agreement (American Standard Inc)

Distributions from Trust. The Committee may at any time prior to a Change of Control direct that the Shares and any other property (“Non-Share Interests”) credited to a Participant’s Share Award Account be distributed from the Trust. If not earlier distributed in accordance with the foregoing sentence, upon the termination of a Participant’s employment prior to a Change of Control, such Participant (or, in the event of his death, his Beneficiary) shall be entitled to a distribution from the Trust of all Shares and Non-Share Interests credited to his Share Award Account; provided that, so long as such direction shall not cause the Company or its Subsidiaries to breach any covenant or otherwise incur a default under any credit or other financing agreement to which it is a party, the Company may direct the Trustee to pay the Participant (or his Beneficiary) the Cash Value of such Shares in lieu of a distribution in Shares. Notwithstanding the foregoing, in the case of any Participant whose employment terminated prior to the Original Restatement Date and, as of the Original Restatement Date, whose Share Award Account is credited with Shares, such Shares and Non-Share Interests credited to such Account shall be distributed to such Participant as soon as administratively practicable following the Original Restatement Date, but in any event, no later than one year from such Date.

Appears in 1 contract

Samples: Trust Agreement for American (American Standard Companies Inc)

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Distributions from Trust. The Committee may at any time prior to a Change of Control direct that the Shares and any other property ("Non-Share Interests") credited to a Participant’s 's Share Award Account be distributed from the Trust. If not earlier distributed in accordance with the foregoing sentence, upon the termination of a Participant’s 's employment prior to a Change of Control, such Participant (or, in the event of his death, his Beneficiary) shall be entitled to a distribution from the Trust of all Shares and Non-Share Interests credited to his Share Award Account; provided that, so long as such direction shall not cause the Company or its Subsidiaries to breach any covenant or otherwise incur a default under any credit or other financing agreement to which it is a party, the Company may direct the Trustee to pay the Participant (or his Beneficiary) the Cash Value of such Shares in lieu of a distribution in Shares. Notwithstanding the foregoing, in the case of any Participant whose employment terminated prior to the Original Restatement Date and, as of the Original Restatement Date, whose Share Award Account is credited with Shares, such Shares and Non-Share Interests credited to such Account shall be distributed to such Participant as soon as administratively practicable following the Original Restatement Date, but in any event, no later than one year from such Date.

Appears in 1 contract

Samples: Trust Agreement (American Standard Companies Inc)

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