Funding of the Trust. The Settling Defendants shall fund the Mitigation Trust as required by the Consent Decree.
Funding of the Trust. 7.1 Funding of the Trust Fund by the Participating Companies is not mandatory.
Funding of the Trust. A. Company, in the sole discretion of the CEO, may at any time, or from time to time, make deposits (in addition to those required pursuant to Subsections B and C of this Section 3) of cash or other property acceptable to Trustee in trust with Trustee to augment the principal of the Trust. Such additions shall be held, administered and disposed of by Trustee as provided in this Trust Agreement. The CEO may designate that some or all of such discretionary contribution be used for accrued or future Trustee fees and other costs and expenses of maintaining the Trust. Neither Trustee nor any Participant or Beneficiary shall have any right to compel such additional deposits.
Funding of the Trust. Amounts held for the benefit of each participant and beneficiary in the trust shall be maintained in a separate account, hereinafter called “the Account”, which shall be held, administered, and accounted for separately for each participant or beneficiary. Separate account records shall be maintained so that the amount held in each participant’s and beneficiary’s Account shall be identifiable at all times. Each Account shall consist of and be increased by contributions made by the Bank which are designated by the Bank as the property of such account and shall be decreased by distributions made therefrom. The bank shall make contributions to such accounts from time to time in accordance with such funding method and policy as will permit the trust to make payment of benefits provided by the Plan. In addition the Trustee shall allocate and credit the net income of the Trust to the Accounts of participants and beneficiaries on the last day of each calendar year, (the “Allocation Date”), pro rata based on the respective Account balance as of each participant and beneficiary on such date; provided however that in no event shall the Account of any participant or beneficiary at any time exceed the maximum lump sum benefit payable under the plan to such participant or beneficiary. If as a result of the foregoing, all or a portion of any net income otherwise allocable to the Account of any participant or beneficiary on the Allocation Date cannot be so allocated, such net income shall be allocated and credited to the Accounts for all other participants and beneficiaries whose Accounts do not exceed the maximum lump sum benefit payable to them under the Plan pro rata based on the respective Account balances of each such participant and beneficiary on such Allocation date (determined without regard to the allocation of any net income to such Accounts on such date). To the extent that any net income cannot be allocated to the Accounts of participants and beneficiaries pursuant hereto, such net income shall be paid to the Bank. For purposes of the foregoing, net income shall mean the net gain or loss of the trust from investments, as reflected by interest payment, dividends, realized and unrealized gains and losses on securities, other investment transactions and expenses paid from the trust. In determining the net income of the trust as of any date, assets shall be valued on the basis of their then fair market value.
Funding of the Trust. The Liquidating Trust shall be fully funded, on the Effective Date, with the Liquidating Trust Fund and other Liquidating Trust Assets, as provided for in the Plan and in the Confirmation Order. The Liquidating Trust shall not become effective unless and until the Liquidating Trust Fund shall have been received by the Liquidating Trust.
Funding of the Trust. 2.1 Concurrently with the execution of this Trust, the Company is delivering to the Trustee, to be held in trust hereunder, the sum of one-hundred dollars ($100) in cash with respect to each of the Plans identified in Schedule A hereto to be administered and disposed of by the Trustee as provided herein. In addition, subject to Section 2.2, the Company may from time to time contribute additional cash, marketable securities (including securities of the Company) or other property reasonably acceptable to the Trustee to be allocated between and among the Accounts as designated by the Company's Corporate Vice President - Investment Management.
Funding of the Trust. On the Effective Date, the Liquidation Trust shall be funded with the Liquidation Trust Assets, as provided for in the Plan.
Funding of the Trust. 6.1 Amounts held for the benefit of each participant and beneficiary in the Trust shall be held, administered and accounted for the benefit of participants and beneficiaries of the Plan. The Trust Fund shall consist of such sums of money and such other property acceptable to the Trustee as shall from time to time be paid or delivered to the Trustee by the Company, and any earnings or profits thereon. The Company shall make contributions to the Trust from time to time in accordance with such funding method and policy as will permit the Trust to make payment of benefits provided by the Plan. In the event that the total assets of the Trust Fund at any time exceed the arithmetic sum of all benefits accrued under the Plan for participants and beneficiaries, the Trustee shall follow the written instructions from the Company as to the disposition of such excess amount, which instructions may include payment of such amount to the Company. In determining the value of the Trust as of any date, Trust assets shall be valued on the basis of their then fair market value.
