Purposes of Trust Fund Sample Clauses

Purposes of Trust Fund. The purposes for which this trust Fund is amended and restated are the following
AutoNDA by SimpleDocs
Purposes of Trust Fund. The primary purpose of this Trust Fund is to provide pension, disability and survivor benefits for former members of Hod Carriers Local 166 (which is now part of the Northern California District Council of Laborers). Such benefits may be provided pursuant to a defined benefit pension plan and a defined contribution plan or more than one of each type of Plan. The Board of Trustees has the discretion and authority to assume responsibility for any other pension plan related to Hod Carriers Local 166. It is acknowledged that the Hod Carriers Local 166 Money Purchase Plan, previously part of this Trust, has merged into the Laborers Annuity Fund for Northern California, and that the Hod Carriers Local 166 South Bay and West Bay Pension Plans have merged into the Hod Carriers Local 166 Pension Plan (known as the East Bay Pension Plan). The Trust is to consist of Employer contributions, investments and reinvestments thereof, and all earnings, interest and income thereon (minus expenses), and all other contributions and receipts of every kind received by the Trust. The Trust shall pay the necessary costs of administration and continue this Trust. The Trust shall consist of all assets, property or money held by the Trustees for the uses and purposes of this Trust. No part of this Fund shall be used for or diverted to purposes other than to provide pensions for the exclusive benefit of Covered Employees and their beneficiaries except for such contributions as may be returned to the Individual Employer as having been made under a mistake of fact or as otherwise permitted by ERISA. The Trust’s purpose shall be accomplished in accordance with all applicable laws, specifically including the Employee Retirement Income Security Act of 1974 (ERISA), as amended. The Trust shall be irrevocable (although it may be terminated as hereafter provided) and no part of its corpus or income shall revert to or inure to the benefit of any contributing employer except for the return of erroneous contributions as provided hereafter.

Related to Purposes of Trust Fund

  • Application of Trust Funds (a) On each Payment Date, the Paying Agent will distribute to Certificateholders, on the basis of the Percentage Interest evidenced by their Trust Certificates, amounts deposited in the Certificate Distribution Account pursuant to Section 4.06 of the Sale and Servicing Agreement with respect to such Payment Date.

  • Duties of Trustee (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

  • Termination of Trust Agreement Section 9.01.

  • Replacement of Trustee A resignation or removal of the Trustee and appointment of a successor Trustee shall become effective only upon the successor Trustee's acceptance of appointment as provided in this Section. The Trustee may resign in writing at any time and be discharged from the trust hereby created by so notifying the Company. The Holders of Notes of a majority in principal amount of the then outstanding Notes may remove the Trustee by so notifying the Trustee and the Company in writing. The Company may remove the Trustee if:

  • Compensation of Trustee Any individual Trustee serving hereunder shall be entitled to: (Choose One) ☐ - No compensation whatsoever. ☐ - Be paid a reasonable fee from the Trust Estate based on the amount of time expended by such Trustee in carrying out his or her duties hereunder. Any corporate Trustee shall be entitled to be paid a fee based upon its fee schedule from time to time that is required to be published.

  • Establishment of Trust In the event of a Change in Control (other than a Change in Control approved by a majority of the directors on the Board who were directors immediately prior to such Change in Control) the Company shall, upon written request by Indemnitee, create a Trust for the benefit of the Indemnitee and from time to time upon written request of Indemnitee shall fund the Trust in an amount sufficient to satisfy any and all Expenses reasonably anticipated at the time of each such request to be incurred in connection with investigating, preparing for, participating in, and/or defending any Proceeding relating to an Indemnifiable Event. The amount or amounts to be deposited in the Trust pursuant to the foregoing funding obligation shall be determined by the Independent Counsel. The terms of the Trust shall provide that (i) the Trust shall not be revoked or the principal thereof invaded without the written consent of the Indemnitee, (ii) the Trustee shall advance, within ten business days of a request by the Indemnitee, any and all Expenses to the Indemnitee (and the Indemnitee hereby agrees to reimburse the Trust under the same circumstances for which the Indemnitee would be required to reimburse the Company under Section 2(c) of this Agreement), (iii) the Trust shall continue to be funded by the Company in accordance with the funding obligation set forth above, (iv) the Trustee shall promptly pay to the Indemnitee all amounts for which the Indemnitee shall be entitled to indemnification pursuant to this Agreement or otherwise, and (v) all unexpended funds in the Trust shall revert to the Company upon a final determination by the Independent Counsel or a court of competent jurisdiction, as the case may be, that the Indemnitee has been fully indemnified under the terms of this Agreement. The Trustee shall be chosen by the Indemnitee. Nothing in this Section 7 shall relieve the Company of any of its obligations under this Agreement. All income earned on the assets held in the Trust shall be reported as income by the Company for federal, state, local, and foreign tax purposes. The Company shall pay all costs of establishing and maintaining the Trust and shall indemnify the Trustee against any and all expenses (including attorneys’ fees), claims, liabilities, loss, and damages arising out of or relating to this Agreement or the establishment and maintenance of the Trust.

  • Termination of Trust Section 9.01

  • Classes of Trust Fund Certificates The Trust Fund Certificates authorized by this Trust Agreement shall be divided into the Classes listed on the cover of the Prospectus Supplement (other than the Class 46-RL Certificate), which Classes shall have the Class designations, original Class Balances, Interest Rates and Final Distribution Dates specified in the Prospectus Supplement.

  • Application of Trust Money The Trustee shall hold in trust money or U.S. Government Obligations deposited with it pursuant to this Article 8. It shall apply the deposited money and the money from U.S. Government Obligations through the Paying Agent and in accordance with this Indenture to the payment of principal of and interest on the Securities.

  • TRUST FUNDS The Owner hereby gives power to the Agent to deposit all receipts collected for the Owner, less any sums properly deducted or disbursed, in a financial institution whose deposits are insured by an agency of the United States government. The funds shall be held in a trust account separate from the Agent’s personal accounts. The Agent shall not be liable in the event of a bankruptcy or failure of a financial institution. All funds managed under this section must be done so in accordance with applicable law.

Time is Money Join Law Insider Premium to draft better contracts faster.