Common use of Management and Control of Trust Fund Clause in Contracts

Management and Control of Trust Fund. Subject to the terms of this Agreement, the Trustee shall have exclusive authority and responsibility to manage and control the assets of the Trust Fund; provided, however, that the Trustee shall have no authority or responsibility to manage and control shares of Company Stock returned to the Company in connection with the Rescission from and after the date of the Rescission Closing (as such terms are defined in the Amended and Restated Common Stock Purchase Agreement, dated as of December 20, 1996, by and between the Company and the Trust).