Payments From Trust Fund. 4 Section 4.1 Payments to Trust Beneficiaries.........................
Payments From Trust Fund. 3.2.1 From time to time, upon receipt of written directions from the Company or a Participating Trust Trustee, delivered before a Valuation Date, the Trustee shall make payments on behalf of a Participating Trust from the Company's account or the beneficial interest of a Participating Trust to such persons, in such manner and in such amounts as the Company or Participating Trust Trustee, as applicable, shall direct, and amounts paid out of the trust pursuant to such direction shall cease to constitute a part of this trust. All such payments shall be made as of the Valuation Date next following receipt of such written direction.
3.2.2 The Trustee, as directed by the Company, shall make any required income tax withholding and shall pay amounts withheld to taxing authorities on the Company's behalf or determine that such amounts have been paid by the Company.
3.2.3 The Company or a Participating Trust Trustee, by written direction delivered to the Trustee not less than 10 days before a Valuation Date, may direct the withdrawal and transfer to a Participating Trust as of that Valuation Date of part or all of a Participating Trust's entire beneficial interest in the fund. The Trustee shall determine the value of such beneficial interest as of that Valuation Date and transfer the amount of such value to that Participating Trust as soon as practicable after such Valuation Date, either in cash, or, in the discretion of the Trustee, in other property or partly in cash and partly in other property. This trust shall terminate upon the complete withdrawal therefrom of the entire beneficial interests of all Participating Trusts.
3.2.4 The Trustee shall use the assets of the trust or any Subtrust or any Participant Trust to make benefit payments or other payments in the following order of priority;
(a) All assets of the trust or any Subtrust or any Participant Trust other than Contracts with Insurers, in such order as the Trustee may determine;
(b) Cash contributions from the Company; and the Company hereby agrees to make cash contributions to the trust to enable the Trustee to make all benefit payments and other payments when due, unless the Company makes such payments directly, whenever the Trustee or a Participating Trust Trustee advises the Company that the assets of the trust or any Subtrust or any Participant Trust, other than Contracts with Insurers, are insufficient to make such payments; and
(c) Contracts with Insurers held in the trust or any Subtrust or any P...
Payments From Trust Fund. The Administrator shall make such payments from the Trust Fund to the Beneficiaries or other persons at such times and in such amounts as the Trustees shall direct. The Administrator shall be fully protected in acting upon the directions of the Trustees in making such payments and shall have no duty to determine the rights or benefits of any person under the 2004 Settlement Agreement or this Trust Agreement or to inquire into the right or power of the Trustees to direct any such payment. The Administrator shall not be required to make any payment unless there shall be in the Trust Fund at the time an amount of cash sufficient for the purpose. The Company shall furnish the Trustees sufficient information to permit them to determine the appropriate payments to be made to the Beneficiaries consistent with the 2004 Settlement Agreement. The Trustees shall direct the Administrator to distribute any net cash resulting from the sale of any or all of the Shares to the individual Beneficiaries on the basis of their BPTUs by the 15th day following the calendar quarter in which the sale transaction occurred. Such net cash will account for, among other things, the deduction of the repayment of any outstanding loan balance incurred by the Trustees to compensate any Independent Fiduciary appointed pursuant to Section 4.4, and the employer portion of any employment taxes that the Trust is obligated to pay pursuant to Article XI, Section E. of the 2004 Settlement Agreement.
Payments From Trust Fund. 2 4.01 Payments by the Trustee....................... 2 4.02 Plan Administrator's Directions...............
Payments From Trust Fund. 3 3.1 Instructions From Human Resources Committee. . . . . . . . . . . . 3 3.2
Payments From Trust Fund. The Trustee shall, within a reasonable length of time after receipt of written notice from the Administrator or its delegate make such distributions from the Trust Fund as the Administrator or its delegate shall from time to time direct. Such payments may be made directly to such person or persons, natural or otherwise, at such time and in such amounts as the Administrator or its delegate directs, and the Trustee shall have no duty, except as otherwise required by ERISA, to question the propriety of any such direction. Expenses of the Plan may be paid either directly by the Participating Employers or out of the Trust Fund, as determined by the Administrator from time to time. If such expenses are paid out of the Trust Fund, such expenses will be deducted from such portion in such manner as the Administrator may direct. Such direction shall observe applicable guidance regarding allocation of administrative expenses. Under such guidance, certain administrative expenses may be allocated on a pro rata basis and certain administrative expenses may properly be charged to an individual Participant rather than allocated among all Participants.
Payments From Trust Fund. The Trustees shall from time to time make payments out of the Trust Fund in accordance with the provisions of the Plan in such manner, in such amounts and for such purposes as they may determine, and when any such payment has been made, the amount thereof shall no longer constitute a part of the Trust Fund.
Payments From Trust Fund. The Trustees shall make payments from the Trust Fund as provided for under the provisions of the Plan so that it shall be impossible, at any time prior to the satisfaction of all liabilities under the Plan with respect to Employees of the Employer and their Beneficiaries, for any part of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of Employees or their Beneficiaries. The Trustees shall have no responsibility with respect to any payment made, pursuant to such directions, to the Employer, to any paying agent, or to any other person, and any payment so made shall be held in trust by the recipient until disbursed in accordance with the terms of the applicable Plan. Payments by the Trustees may be made by their check to the order of the payee and mailed to the payee at the address last furnished to the Trustees by the Employer or by the payee, or if no such address has been so furnished, to the payee in care of the Employer. The Trustees shall have no duty to locate any payee.
Payments From Trust Fund. 11 V Liabilities and Immunities of Trustee............................... 13 VI Accounting of the Trustee........................................... 15 VII Removal and Resignation of the Trustee.............................. 16
Payments From Trust Fund. 4.01 As directed by the Company, the Trustee shall pay benefits and administrative expenses under the Plan. The Trustee need not inquire into whether any payment the Company instructs it to make is consistent with the terms of the Plan or applicable law or otherwise proper. Any payment made by the Trustee in accordance with such instructions shall be a complete discharge and acquittance to the Trustee. The Trustee shall not pay benefits from the Fund without such instructions, even though it may be informed from other sources, including, without limitation, a participant or beneficiary, that benefits are payable under the Plan. The Trustee shall have no responsibility to determine when, to whom, or in what amount benefits and expenses are payable under the Plan.
4.02 The Trustee may pay any benefit or expense under the Plan by mailing a check for the amount of the payment to the person designated by the Company as entitled to receive such payment to such address as may have last been furnished to the Trustee by the Company. If no such address has been so furnished, benefits or expenses may be mailed by the Trustee to such person in care of the Company.
4.03 All taxes that may be levied or assessed upon or in respect of the Fund shall be paid from the Fund. The Trustee shall notify the Company of any proposed or final assessments of taxes and may assume that any such taxes are lawfully levied or assessed unless the Company advises the Trustee in writing to the contrary within fifteen days after receiving such notice from the Trustee. The Trustee, if requested by the Company in writing, shall contest the validity of such taxes in any manner deemed appropriate by the Company; the Company may itself contest the validity of any such taxes, in which case it shall so notify the Trustee and the Trustee shall have no responsibility or liability respecting such contest. If either party to this Agreement contests any such proposed levy or assessment, the other party shall provide such information and cooperation as the party conducting the contest shall reasonably request.
4.04 At no time before the satisfaction of all liabilities with respect to participants in the Plan and their beneficiaries shall any part of the Trust Fund be used for, or diverted to, purposes other than for the exclusive benefit of such participants and their beneficiaries. The assets of the Trust Fund shall never inure to the benefit of the Company and shall be held for the exclusive purpose of...
