Common use of Funding of the Trust Clause in Contracts

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. Amounts held for 2.1 Concurrently with the benefit execution of each participant and beneficiary in this Trust, the trust shall Company is delivering to the Trustee, to 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 trust hereunder, the sum of one-hundred dollars ($100) in cash with respect to each participant’s of the Plans identified in Schedule A hereto to be administered and beneficiary’s Account shall be identifiable at all times. Each Account shall consist disposed of and be increased by contributions made by the Bank which are designated by Trustee as provided herein. In addition, subject to Section 2.2, the Bank as the property of such account and shall be decreased by distributions made therefrom. The bank shall make contributions to such accounts 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. 2.2 Concurrently with the execution of this Trust and thereafter in accordance with Section 4.3, the Company shall provide to the Trustee all reasonably required information necessary for the Trustee to determine the Company's (and its affiliates') liabilities and obligations under the Plans and shall update such funding method and policy information from time to time as will permit the trust to make payment of benefits provided requested by the PlanTrustee. In addition If the Company does not provide updated information to the Trustee within a reasonable period of time following any request, the Trustee shall allocate use its best estimate to determine the Company's (and credit its affiliates') obligations and liabilities under the net income Plans. The Trustee shall be protected in determining the amount of the Trust Company's (and its affiliates') obligations and liabilities under the Plans so long as the Trustee acts in good faith in arriving at its best estimate. The Trustee shall not perform any calculations with respect to such information unless directed to do so by the Company, but shall be required to perform such calculations during a Potential Change in Control Period and upon a Change in Control as provided herein. Upon the occurrence of a Potential Change in Control and a Change in Control, the Trustee shall determine, in accordance with Section 2.5 hereof, based upon the last valuation available to the Accounts Trustee with respect to the vested and nonvested liabilities of participants the Company (and beneficiaries on its affiliates) under the last day Plans, the aggregate amount which will be sufficient to fund the Company's (and its affiliates') obligations and liabilities to pay the vested and nonvested benefits due to Participants or Beneficiaries pursuant to the Plans, plus the amount of each calendar yearone million dollars ($1,000,000) to provide for expenses, including, but not limited to, legal expenses, administrative expenses, and other costs of maintaining the Trust Fund (the “Allocation Date”), pro rata based on aggregate amount necessary to fund the respective Account balance as of each participant Company's 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 its affiliates' liabilities under the plan Plans and the expense amount shall collectively be referred to herein as the "Full Funding Amount" and is more fully defined in Section 2.5 of this Agreement). The determination by the Trustee shall include reasonable estimates and adjustments for events occurring subsequent to such participant or beneficiarylast valuation. 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 The Trustee 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.give

Funding of the Trust. 7.1 Amounts held for the benefit of each participant and beneficiary in of the trust Plan shall be maintained in a separate account, hereinafter called “account (the "Account”, ") which shall be held, administered, administered and accounted for separately for each participant or beneficiary. Separate account accounting records shall be maintained so that the amount held in each participant’s 's and beneficiary’s 's Account shall be identifiable at all times. Each Account shall consist of of, and be increased by by, contributions made by the Bank Company which are designated by the Bank Company as the property of such account Account and shall be decreased by distributions made therefrom. The bank Company shall make contributions to such accounts Accounts from time to time in accordance with such funding method and policy as will permit the trust Trust to make payment of benefits provided by the Plan. In addition addition, the Trustee shall allocate and credit the net income Net Income of the Trust to the Accounts of participants and beneficiaries on the last day of each calendar year, year (the “"Allocation Date”"), pro rata based on the respective Account balance as balances of each participant and beneficiary on such date; provided 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 Net Income otherwise allocable to the Account of any participant or beneficiary on the Allocation Date cannot be so allocated, such net income 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 Date (determined without regard to the allocation of any net income Net Income to such Accounts on such date). To the extent that any net income Net Income cannot be allocated to the Accounts of participants and beneficiaries pursuant hereto, such net income Net Income shall be paid to the BankCompany. For purposes of the foregoing, net income Net Income shall mean the net gain or loss of the trust Trust from investments, as reflected by interest paymentpayments, dividends, realized and unrealized gains and losses on securities, other investment transactions and expenses paid from the trustTrust. In determining the net income Net Income of the trust Trust as of any date, assets shall be valued on the basis of their then fair market value.

Funding of the Trust. 7.1 Amounts held for the benefit of each participant and beneficiary in the trust Trust shall be maintained in a separate account, hereinafter called “account (the "Account”, ") which shall be held, administered, administered and accounted for separately for each participant or beneficiary. Separate account accounting records shall be maintained so that the amount held in each participant’s 's and beneficiary’s 's Account shall be identifiable at all times. Each Account shall consist of of, and be increased by by, contributions made by the Bank Company which are designated by the Bank Company as the property of such account Account and shall be decreased by distributions made therefrom. The bank Company shall make contributions to such accounts Accounts from time to time in accordance with such funding method and policy as will permit the trust Trust to make payment of benefits provided by the Plan. In addition addition, the Trustee shall allocate and credit the net income Net Income of the Trust to the Accounts of participants and beneficiaries on the last day of each calendar year, year (the “"Allocation Date”"), pro rata based on the respective Account balance as balances of each participant and beneficiary on such date; provided 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 Plan to such participant or beneficiary. If as a result of the foregoing, all or a portion of any net income Net Income 14 otherwise allocable to the Account of any participant or beneficiary on the Allocation Date cannot be so allocated, such net income 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 Date (determined without regard to the allocation of any net income Net Income to such Accounts on such date). To the extent that any net income Net Income cannot be allocated to the Accounts of participants and beneficiaries pursuant hereto, such net income Net Income shall be paid to the BankCompany. For purposes of the foregoing, net income Net Income shall mean the net gain or loss of the trust Trust from investments, as reflected by interest paymentpayments, dividends, realized and unrealized gains and losses on securities, other investment transactions and expenses paid from the trustTrust. In determining the net income Net Income of the trust Trust as of any date, assets shall be valued on the basis of their then fair market value.