Establishment of Trust Fund Sample Clauses

Establishment of Trust Fund. A trust is hereby established under the Plan and the Trustee will open and maintain a trust account for the Plan and, as part thereof, Participants' Accounts for such individuals as the Employer shall from time to time give written notice to the Trustee are Participants in the Plan. The Trustee will accept and hold in the Trust Fund such contributions on behalf of Participants as it may receive from time to time from the Employer. The Trust Fund shall be fully invested and reinvested in accordance with the applicable provisions of the Plan in Fund Shares or as otherwise provided in Section 14.10.

Establishment of Trust Fund. The Grantor and the Trustee hereby establish a standby trust fund, hereinafter the "Trust Fund," for the benefit of any and all third parties injured or damaged by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this Agreement in the amounts of $___________ per occurrence and $__________ annual aggregate for sudden accidental occurrences and $___________ per occurrence and $ ___________ annual aggregate for nonsudden accidental occurrences, except that the Trust Fund is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which Grantor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that Grantor would be obligated to pay in the absence of the contractor or agreement; (b) Any obligation of Grantor under a workers' compensation, disability benefits, or unemployment compensation law or similar law; (c) Bodily injury to an employee of Grantor arising from, and in the course of, employment by the Grantor, or bodily injury to the spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by Grantor. This exclusion applies whether Grantor may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay another person who must pay damages because of the injury to the employee or the spouse, child, parent, brother, or sister of the employee; (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft; or (e) Property damage to any of the following: (1) Any property owned, rented, or occupied by Grantor; (2) Premises that are sold, given away, or abandoned by Grantor if the property damage arises out of any part of those premises; (3) Property loaned to Grantor; (4) Personal property in the care, custody, or control of Grantor; or (5) That particular part of real property on which Grantor or any contractors or subcontractors working directly or indirectly on behalf of Grantor are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the Trust Fund shall be considered [insert "primary" or "excess"] coverage. The Trust Fund is established initially as co...

Establishment of Trust Fund. The Employer and the Trustee hereby agree to the establishment of a Trust Fund consisting of all amounts as shall be contributed or transferred from time to time to the Trustee pursuant to the Plan, and all earnings thereon. The Trustee shall hold the assets of the Trust Fund for the exclusive purpose of providing benefits to Participants and Beneficiaries and defraying the reasonable expenses of administering the Plan, and no such assets shall ever revert to the Employer, except that: (a) contributions made by the Employer by mistake of fact, as determined by the Employer, may be returned to the Employer within one (1) year of the date of payment, (b) contributions that are conditioned on their deductibility under Section 404 of the Code may be returned to the Employer, to the extent disallowed, within one (1) year of the disallowance of the deduction, (c) contributions that are conditioned on the initial qualification of the Plan under the Code, and all investment gains attributable to them, may be returned to the Employer within one (1) year after such qualification is denied by determination of the Internal Revenue Service, but only if an application for determination of such qualification is made within the time prescribed by law for filing the Employer's federal income tax return for its taxable year in which the Plan is adopted, or such later date as the Secretary of the Treasury may prescribe, (d) amounts held in a suspense account may be returned to the Employer on termination of the Plan, to the extent that they may not then be allocated to any Participant's Account in accordance with Article 6, and (e) if the Employer has elected to use Forfeitures for either Employer Contribution Accounts or Employer Matching Accounts to reduce other required contributions of the Employer, Forfeitures held under the Plan with respect to the Accounts for which such election has been made may be returned to the Employer on termination of the Plan, to the extent not required to reduce any contributions required of the Employer. All Employer contributions under the Plan other than those made pursuant to Section 4.1(e) are hereby expressly conditioned on the initial qualification of the Plan and their deductibility under the Code. Investment gains attributable to contributions returned pursuant to Subsections (a) and (b) shall not be returned to the contributing Employer, and investment losses attributable to such contributions shall reduce the amount returned.

Establishment of Trust Fund. The Employer hereby establishes with the Trustee a trust fund consisting of such sums of U. S. currency and such other property acceptable to the Trustee as shall from time to time be paid to the Trustee pursuant to this Agreement. All such money and property, together with all investments and reinvestments made therewith and proceeds thereof, less any payments or distributions made by the Trustee pursuant to the terms of this Agreement, are referred to as the "Trust Fund". The Trustee hereby accepts the Trust Fund and agrees to hold it in accordance with the express provisions of this instrument and the requirements of law.

Establishment of Trust Fund. A trust fund (the “Trust Fund” or “Trust”) is hereby established with the Trustee consisting of such sums of money and such other property (including insurance policies) as may be acceptable to the Trustee as from time to time shall be paid or delivered to the Trustee in accordance with the terms hereof and for the purposes hereof. All cash or other property so received, together with the income therefrom, shall be held, managed and administered by the Trustee pursuant to the terms of this Trust Agreement without distinction between principal and income. The Trust is intended to be a “grantor trust,” within the meaning of Section 671 of the Internal Revenue Code of 1986, as amended (the “Code”). As and if directed by the Company or the “Representative” (as defined in Section II of this Trust Agreement), the Trustee will record a separate account within the Trust for the Company and each Employer, as applicable, and the Trustee will value not only the assets of the Trust as a whole, but also the assets of each account attributable to the Company and each Employer. For federal income tax purposes, the Company and each Employer will be deemed to be the grantor of its separate account; provided, however, that because the Company and each Employer are members of the same consolidated return group, a single Form 1041 may be issued to the Parent Corporation. Payments are to be made from the account in the Trust of the Company or the Employer employing the employee to whom payments are made. In the absence of direction by the Company or the Representative, the Trustee shall have no duty to record a separate account within the Trust for the Company and each Employer as applicable. The insolvency of the Company and each Employer is considered separately so that, in the event that one Employer, but not the Company or the other Employers becomes insolvent, the assets in the account of the insolvent Employer will be identified and held for the benefit of that Employer’s creditors. For accounting purposes only, separate accounts may be established for individual Participants in the Plans. Monies allocated to any such individual accounts shall be distributable only to the Participants for whom the accounts are established (or to the beneficiaries of such Participants) pursuant to the provisions of the applicable Plan. The Trust Fund shall be held separate and apart from other funds of the Company and shall be used exclusively for the purpose of assuring payment by the Co...

Establishment of Trust Fund. A trust is hereby established under the Plan. The Trustee shall open and maintain a trust account for the Plan and, as part thereof, Accounts for such individuals as the Employer shall from time to time notify the Trustee are Participants in the Plan. The Trustee shall accept and hold in the Trust Fund such contributions on behalf of Participants as it may receive from time to time from the Employer. The Trust Fund shall be fully invested and reinvested in accordance with the applicable provisions of the Plan in Fund Shares or as otherwise provided in Section 20.10. The Trust is intended to qualify as a domestic trust in accordance with Code Section 770l(a)(30)(E) and any regulations issued thereunder. Accordingly, only United States persons (as defined in Code Section 7701 (a)(30)may have the authority to control all substantial decisions regarding the Trust (including decisions to appoint, retain or replace the Trustee), unless the Plan filed a domestic trust election pursuant to Treasury Regulation Section 301.7701-7(f) or any subsequent guidance issued by the Internal Revenue Service, or except as otherwise provided in applicable regulation or legislation.

Establishment of Trust Fund. The Grantor and the Trustee hereby establish a trust (the “Trust”), for the benefit of EPA and the State of Missouri (the “Beneficiaries”), to assure that funds are available to pay for performance of the Remedial Action in the event that Grantor fails to conduct or complete the Remedial Action required by, and in accordance with the terms of, the Consent Decree. The Grantor and the Trustee intend that no third party shall have access to monies or other property in the Trust except as expressly provided herein. The Trust is established initially as consisting of funds in the amount of [ ] U.S. Dollars ($ ). Such funds, along with any other monies and/or other property hereafter deposited into the Trust, and together with all earnings and profits thereon, are referred to herein collectively as the “Fund.” The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor owed to the United States.

Establishment of Trust Fund. (a) As soon as practicable after the execution and delivery of this Trust Agreement and annually thereafter on or before October 31, the Company shall make a Contribution to the Trustee equal to A—B—C + D where:

Establishment of Trust Fund. If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Xxxxxx Xxxxx Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.

Establishment of Trust Fund. The Trustee shall create on its books a special trust fund to be known as the "TransAmerican Notes due 2002 Trust Fund" (the "Trust Fund"). Upon receipt by the Trustee of the Trust Deposit, the Trustee shall deposit the Trust Deposit in the Trust Fund.