Payments to Employer. Except as provided in Section 4.2(c) hereof, after the Trust has become irrevocable, the Employer shall have no right or power to direct the Trustee to return to the Employer or to divert to others any of the Trust assets before all payment(s) of benefits have been made to Participants pursuant to the terms of the Plan.
Payments to Employer. Except as expressly provided in this Section 4, the Employer shall have no right or power to direct the Trustee to return to the Employer or to divert to others any of the Trust assets before all payments of benefits have been made to Plan participants and their beneficiaries pursuant to the terms of the Plan.
Payments to Employer. Except as expressly provided in the Plan, the Employer shall have no right or power to direct the Trustee to return to the Employer any of the Trust Fund before all payments of benefits have been made pursuant to the Plan. However upon written request and certification from the Employer of the amount required to pay benefits provided under the terms of the Plan, if the Trustee determines that the value of the assets of the Trust Fund are in excess of 100% of the amount required to pay the benefits provided under the terms of the Plan, then such excess assets, including both principal and income, shall be returned to the Employer.
Payments to Employer. (a) Except as provided in Sections 7(b), 7(c), 13(a), or 13(b) hereof, the Employer shall have no right or power to direct the Trustee to pay any assets of the Trust to the Employer.
(b) Upon the written direction of the Committee with respect to the separate account(s) of a Participant or Beneficiary in a respective Employer's sub-trust and delivered to the Trustee prior to a Change of Control, the Trustee shall pay to the Employer all or such portion of any assets of such separate account(s) of such Employer's Participant or Beneficiary then in the Trust (and the respective Employer's sub-trust) as may be specified in such direction.
(c) Without limiting payment arrangements that may be established by the Trustee and Employer as provided in Section 5(c), within ten business days after payment, if any, in full by the Employer (or Corporation) or by the Trustee to the Participant or Beneficiary pursuant to Section 5 of this Agreement, of all benefits to which the Participant or Beneficiary is entitled under the Plan, as determined pursuant to this Section 7(c), the Trustee shall distribute to the Employer all of the assets, if any, of the separate account(s) of such Employer's Participant or Beneficiary held by the Trust (and the respective Employer's sub-trust). The Trustee shall make such payment to the Employer only upon receipt by the Trustee of a written request from the Employer authorized by the Committee and signed by two officers of the Employer and after it has made a determination pursuant to this Section 7(c) that the Participant or Beneficiary has received payment in full of all amounts to which he is or may be entitled (or is no longer and will not become entitled to any amounts) under the Plan. Together with any request for payment with respect to a Participant or Beneficiary, the Employer or Corporation shall provide the Trustee with copies of the Corporation's or Employer's books and records identifying the Employer's obligations to the Participant or Beneficiary under the Plan, and such other evidence of the Employer's (or Corporation's) satisfaction of the Employer's obligations under the Plan as the Trustee shall desire. Upon receipt of the Employer's request, the Trustee shall notify the Participant or Beneficiary that it is considering the Employer's request and shall provide the Participant or Beneficiary with a copy of all documents and information submitted by the Employer. The Participant or Beneficiary may object to the Employer'...
Payments to Employer. Employer shall have no right or power to direct Trustee to return to Employer or to divert to others any of the Trust assets before all payment(s) of benefits have been made to Participants pursuant to the terms of the Plan(s).
Payments to Employer. Except as provided in Sections 1.2 and 4.2(c) hereof, after the Trust has become irrevocable, the Employer shall have no right or power to direct the Trustee to return to the Employer or to divert to others any of the Trust assets before all payment(s) of benefits have been made to Participants pursuant to the terms of the Plan. If at any time post Change of Control the principal of the Trust, and earnings thereon, exceed, as determined by an independent third party, 150% of the amount necessary to pay all Participants or Beneficiaries the benefits to which the Participants or their Beneficiaries are and will become entitled to receive pursuant to the terms of the Plan, and all fees and expenses, the Trustee, at the written request of the Company, shall pay to the Company such excess portion of the Trust assets.
Payments to Employer. Except with respect to the payment of expenses of the Nonqualified Plan and Trust, Employer shall not have any right or power to direct the Trustees to return to Employer or to divert to others any of the Trust assets before all payments of benefits have been made as required by the Nonqualified Plan. If it is determined by the Trustees that certain Trust assets clearly never will be required to pay benefits, as in the case of a forfeiture pursuant to the terms of the Nonqualified Plan, such excess assets shall be returned to Employer.
Payments to Employer. If the Employer deposits amounts into the Trust prior to the transfer of assets from the Predecessor Trust, such deposited amounts may be refunded to the Employer as quickly as practicable following the Trust’s receipt of the assets from the Predecessor Trust (without regard to the 100% funded test/requirement provided below). Except as expressly provided in the preceding sentence or in the Plan, the Employer shall have no right or power to direct the Trustee to return to the Employer any of the Trust Fund before all payments of benefits have been made pursuant to the Plan. Prior to a Change in Control, however, upon written request and certification from the Employer of the amount required to pay benefits provided under the terms of the Plan(s) under the Trust or a Subtrust, as the case may be, if the Trustee determines that the total value of the assets of the Trust Fund or a Subtrust, as the case may be, is in excess of 100% of the amount required to pay the benefits provided under the terms of the Plan(s) under the Trust or a Subtrust, as the case may be, then such excess assets, including both principal and income, shall be returned to the Employer. Following a Change in Control, the Employer shall have no right or power to direct the Trustee to return to the Employer any of the Trust Fund before all payments of benefits have been made pursuant to the Plan except upon a termination of the Trust in accordance with Section 10.2 below.
Payments to Employer
