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 Employer is not mandatory.
7.2 The Employer may at any time or from time to time make additional deposits of money or other property acceptable to the Trustee to the Trust Fund to augment the principal to be held, administered and disposed of by the Trustee as provided in this Trust Agreement. Neither the Trustee nor any Trust Beneficiary shall have any right to compel such additional deposits.
Funding of the Trust. 7.1 Funding of the Trust Fund by the Participating Companies is not mandatory.
7.2 Each Participating Company may at any time or from time to time make additional deposits of money or other property acceptable to the Trustee to the Trust Fund to augment the principal to be held, administered and disposed of by the Trustee as provided in this Trust Agreement. Neither the Trustee nor any Trust Beneficiary shall have any right to compel such additional deposits.
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 described in this subsection A.
B. Upon a Potential Change in Control or a Change in Control, as soon as the amount described in this B can be determined, but in no event longer than thirty (30) days following such Change in Control or Potential Change in Control, Company shall (i) cause the Recordkeeper to compute the Full Funding Amount, (ii) deliver to Trustee the Recordkeeper’s certificate (which may rely on Trustee’s calculations of administrative expenses) and (iii) make a contribution to the Trust of cash or other property acceptable to Trustee equal to an amount which when added to the total value of the Trust Fund would equal the Full Funding Amount. During a Potential Change in Control Period, the Full Funding Amount shall be recalculated monthly and Company shall make any additional contributions necessary to cause the value of the Trust Fund to equal the Full Funding Amount. In the event that Trustee later determines that provision made in determining the Full Funding Amount for expenses was not adequate, Company shall make additional deposits to provide for such expenses as determined by Trustee from time to time.
(i) No more than sixty (60) days after the last day of each fiscal year of Company, Company shall:
(A) Cause the Recordkeeper to compute the Interim Funding Amount as of such last day and deliver to Trustee the Recordkeeper’s certification of such Interim Funding Amount; and
(B) Pay to Trustee an amount which when added to the value of the Trust Fund as of such day results in a sum equal to or greater than such Interim Funding Amount.
(ii) Any Recordkeeper’s certification delivered pursuant to this Subsection C. may rely on Trustee’s estimate of expenses to be included in the computation of such Interim Funding Amount.
D. Trustee shall have the duty, obligation and auth...
Funding of the Trust 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. 7.1 Amounts held for the benefit of each participant and beneficiary of the Plan shall be maintained in a separate account (the "Account") which shall be held, administered and accounted for separately for each participant or beneficiary. Separate accounting 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 Company which are designated by the Company as the property of such Account and shall be decreased by distributions made therefrom. The Company 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 balances 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 Company. For purposes of the foregoing, Net Income shall mean the net gain or loss of the Trust from investments, as reflected by interest payments, 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. 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.
Funding of the Trust. 7.1 The Company has from time to time made contributions to the Trust Fund.
7.2 The Company, at its discretion, may from time to time make additional contributions to the Trust Fund.
7.3 Within 60 days following a Change of Control, the Company shall contribute to the Trust Fund a lump sum cash payment in an amount equal to the greater of (a) the amount that when added to the Trust Fund would cause the Trust Fund to have sufficient assets to provide the benefits described in Article III of the Plan (determined as of the date of the Change of Control (as defined in Section 11.5) and assuming that the Company terminated the Plan on such date), or (b) the amount that when added to the Trust Fund would cause the Trust Fund to have sufficient assets to provide the benefits described in Article VIII of the Plan (determined as of the date of the Change of Control). Thereafter, the Company shall make annual lump sum cash contributions within 60 Exhibit 10.1 days following the end of the calendar year in an amount equal to the greater of “(a)” or “(b)” above determined by substituting the last day of that calendar year for the date of the Change of Control. The amount to be contributed to the Trust Fund by the Company following any Change of Control, shall be determined by the actuary for the Plan (“Actuary”). Subject to Section 11.6, the Actuary shall be designated by the Company.
7.4 The Company shall make additional contributions to the Trust Fund as and when required by the Trustee to fund the payment of the expenses of the Trust, including the expenses for compensation of the Trustee for his services and other expenses described in Section 9.
7.5 The Company may at any time or from time to time make additional contributions to the Trust Fund to augment the principal to be held, administered and disposed of by the Trustee as provided by this Trust Agreement.
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.
