Payment by the Trustee Sample Clauses

Payment by the Trustee. The Trustee shall pay the amounts withdrawn by the Recipient from the Grant Account only to or on the order of the Recipient.

Payment by the Trustee. Upon receipt by the Trustee of a Request submitted in accordance with the requirements herein, the Trustee shall (i) to the fullest extent permitted by applicable law, within two business days after the receipt of a Request, advance any Expenses to the Indemnitee and (ii) promptly after the receipt of a Request, pay the Indemnitee all other amounts that such Indemnitee is entitled to under clause (d) of Section 15 of the Indemnification Agreement. The Trustee may conclusively rely on the representations of the Indemnitee set forth in the Request and shall not be liable to any party for acting upon such reliance. Requests shall be paid by the Trustee in the order received; provided, however, that, if the Trustee does not have sufficient funds in the Trust to satisfy in full a Request or all Requests received on the same day, the Trustee shall make pro rata payments (of the same percentage of each Request) to the Indemnitees who have made such Requests after deducting from the Trust any amounts chargeable under Section 6.3 hereof. In the event that the Company makes additional deposits to the Trust pursuant to Section 2.1(b) after the Trustee has made such pro rata payments, the Trustee shall continue to make payments to Indemnitees in accordance with the preceding sentence until any such partially paid Requests have been satisfied, and thereafter to satisfy subsequent Requests.

Payment by the Trustee. 6.1 The establishment of the Trust and the payment or delivery to the Trustee of money or other property acceptable to the Trustee shall not vest in Plan participants or their beneficiaries any right, title or interest in and to any assets of the Trust, except as otherwise set forth in this Section 6. 6.2 The Trustee shall make payment of Plan benefits to participants and beneficiaries of the Plan from the assets held in their respective Accounts (as defined in Section 7 hereof), if and to the extent such assets are available for distribution, in accordance with the terms and conditions set forth in the Plan and as directed by the Company. The entitlement of a Plan participant to benefits under the Plan shall be determined by the Company. In no event shall the Account of any participant or beneficiary be used for the purpose of providing benefits to any other participant or beneficiary of the Plan. 6.3 The Company may make payment of benefits directly to Plan participants as they become due and if it elects to do so, it shall notify the Trustee. If the participant's Account is not sufficient to make one or more payments of benefits due under the Plan to such participant or his beneficiary in accordance with the terms of the Plan, the Company shall make the balance of each such payment as it falls due. 6.4 Notwithstanding anything contained in this Trust Ag reement to the contrary, if at any time the Trust finally is determined by the Internal Revenue Service ("IRS") not to be a "grantor trust" with the result that the income of the Trust Fund is not treated as income of the Company pursuant to Subpart E of Subchapter J of the Code, or if a tax is finally determined by the IRS or is determined by counsel to the Trustee to be payable by any Plan participant or beneficiary in respect of any vested interest in the Trust Fund prior to payment of such interest to such participant or beneficiary, then the Trust shall immediately terminate and the full fair market value of the assets in the Trust Fund shall be returned to the Company. The Company shall fully reimburse each participant and their beneficiaries for any tax liability they may incur pursuant to the operation of this Section. For purposes of this Section, a final determination of the IRS shall be a decision rendered by the IRS which is no longer subject to administrative appeal within the IRS. 6.5 Notwithstanding any provision herein to the contrary, if the shareholder equity of the Company drops below ...