PAYMENTS FROM THE TRUST. (a) Upon the effective date of this Agreement, the Corporation shall furnish the Trustee with written information regarding the Participants and their beneficiaries under the Plans and the dates of distribution and amounts of benefits under the Plans and shall update such information on a regular basis.
PAYMENTS FROM THE TRUST. Payments from the Trust shall be made only for the following purposes:
PAYMENTS FROM THE TRUST. (a) Prior to a Change of Control, distributions from the Trust shall be made by the Trustee to the insurance company identified in or pursuant to Section 2(e) below (the "Insurance Company") at the direction of the Company.
PAYMENTS FROM THE TRUST. 5.1 The Company shall, from time to time, furnish the Trustee with such written information regarding the Participants and beneficiaries under the Transferred Plans and the amount and/or method of determination of benefits under the Transferred Plans (hereinafter referred to as "Participant Data") as the Company deems relevant or as the Trustee shall request in writing. The Company shall, after a Change in Control, furnish the Trustee with such Participant Data and other information as the Trustee may from time to time request within thirty (30) days of such request. The Company shall, from time to time, but not less frequently than annually, update Participant Data with respect to all Transferred Plans. After a Change in Control and notwithstanding anything contained in this Agreement to the contrary, the Trustee shall, without direction from the Company make payments to Participants and beneficiaries in such manner and in such amounts as the Trustee shall determine they are entitled to be paid under the Transferred Plans based on the most recent
PAYMENTS FROM THE TRUST. (a) The obligation of the Trustee is to pay (as herein provided) out of the Trust Fund, to the extent funds are available therein:
PAYMENTS FROM THE TRUST. (a) The obligation of the Trustee is to pay (as herein provided) to any Indemnitee out of the Trust Fund, to the extent funds are available therein, any amounts to which the Indemnitee is legally and properly entitled under any General Indemnity Obligation and which amounts are not paid to the Indemnitee by the adverse party, the Company, SMHK, or an insurer under a Policy. To be paid, an Indemnitee must make a claim for payment from the Trust only by delivering to the Trustee:
PAYMENTS FROM THE TRUST. 3.1 Payments shall be made from the Trust by the Trustee to such persons in such manner, at such times and in such amounts as the Board shall direct. The Trustee shall be fully protected in making, discontinuing, or stopping payments from the Trust in accordance with the directions of the Board. The Trustee shall have no responsibility to see to the application of payments so made or to ascertain whether the directions of the Board comply with the Plan. When the Board directs that any payment is to be made only during or until the time a certain condition exists regarding the payee, any payment made by the Trustee in good faith, without actual notice or knowledge of the changed status or condition of the payee, shall be considered to have been properly made by the Trustee and made in accordance with the direction of the Board.
PAYMENTS FROM THE TRUST. 5 Section 2.1 Payments From the Trust.....................................5 Section 2.2 Persons to Receive Payment..................................7 Section 2.3 Trust Fund, Assignments.....................................7
PAYMENTS FROM THE TRUST. 5.1 The Company shall, after a Change in Control, notify the Trustee within three days after any Participant ceases to be employed by the Company. At the time of such notice, the Company shall provide a copy of the written notice of termination, if any, provided by the Company to the Participant or by the Participant to the Company, and the Company's written determination as to such Participant's entitlement to severance pay or other benefits under the Plans. If the Company fails to provide the Trustee with a timely determination or determines that a Participant is not entitled to one or more benefits under a Plan, the Trustee shall promptly notify the Participant of the claims procedure under Section 5.2 and the Participant may make a claim for benefits pursuant to Section 5.2.
PAYMENTS FROM THE TRUST. 5.1 The Company shall, from time to time, furnish the Trustee with such written information regarding the Participants and beneficiaries under the Transferred Plans and the amount and/or method of determination of benefits under the Transferred Plans (hereinafter referred to as "Participant Data") as the Company deems relevant or as the Trustee shall request in writing. The Company shall, after a Change in Control, furnish the Trustee with such Participant Data and other information as the Trustee may from time to time request within thirty (30) days of such request. The Company shall, from time to time, but not less frequently than annually, update Participant Data with respect to all Transferred Plans. After a Change in Control and notwithstanding anything contained in this Agreement to the contrary, the Trustee shall, without direction from the Company make payments to Participants and beneficiaries in such manner and in such amounts as the Trustee shall determine they are entitled to be paid under the Transferred Plans based on the most recent Participant Data furnished to the Trustee by the Company and any supplemental information furnished to the Trustee by a Participant or beneficiary upon which the Trustee may reasonably rely in making such determination. The Trustee shall have the power to interpret the provisions of the Transferred Plans and this Agreement in making its determination Payments to a Participant or beneficiary shall be made from the Participant's Sub-Account. To the extent that the Trustee determines that the funds available in a Participant's Sub-Account is not sufficient to provide for the payment of all amounts otherwise payable to him or her as provided under this Section 5.1, the Trustee shall use the funds credited to the Suspense Account, to the extent available, for the payments due. To the extent that the Trustee determines that there still remains an insufficiency in funds available for the Participant's or beneficiary's payment, the Trustee shall make a written demand on the Company to provide the necessary funds, as provided under Article 4. In the event that the Company refuses to transfer such funds within fifteen (15) days from the time the written demand is mailed, the amount otherwise payable to each such Participant or beneficiary during every month of the insufficiency of funds shall be multiplied by a fraction, the numerator of which is the amount of funds then available in the Benefit Account for the payment of ...
