Common use of Release of Trust Funds Unless Change of Control Occurs Clause in Contracts

Release of Trust Funds Unless Change of Control Occurs. Any funds delivered to the Trustee pursuant to Section 5.2 because of the occurrence of a Potential Change of Control, together with any assets in the Trust Fund in excess of $100, shall be returned to the Company six months after the date of such delivery, unless a Change of Control shall have occurred or the Potential Change of Control has not been abandoned or terminated. Each such initial six-month period shall be renewed for an additional six-month period, if any Potential Change of Control occurs during such initial six-month period. The Company shall notify the Trustee of the occurrence of a Change of Control or Potential Change of Control, and the Trustee may rely on such notice or on any other actual notice satisfactory to the Trustee of such Change or Potential Change which the Trustee may receive. Notwithstanding the foregoing, the Trustee shall have no duty or obligation to make any independent determination that such Change or Potential Change has occurred. In the event Trust Funds are released to the Company pursuant to this Section 5.4, all Payment Schedules delivered to the Trustee prior thereto pursuant to Section 4.1 shall be returned to the Company and be of no further force or effect.