Rights and Powers of Trustees. The respective trustees and their respective successors in office under each of the Agreements and Declarations of Trust of the Fringe Benefit Funds referenced in the attached Appendices shall be deemed to be joint and several beneficiaries of this Agreement for the purpose of each or all of said Agreements and Declarations of Trust and shall, in addition to and with or without the Union, have standing to sue on this Agreement to enforce the terms of said respective Agreements and Declarations of Trust and the payment by any Employer of all sums and contributions due to such respective Trustee of each of said Agreements and Declarations of Trust. A delinquent Employer shall also be liable for and obligated to pay the delinquency assessments provided for herein, reasonable interest, all court costs, attorneys’ fees and other expenses incurred by the trustees in the collection of contributions due from said delinquent Employer. The trustees shall further have all such other relief (including temporary and permanent injunctive relief) and remedies against a delinquent Employer to which they may be entitled at law or in equity. The trustees may compel and enforce the payment of contributions in any manner which they deem proper; and the trustees may make such additional rules and regulations to facilitate and enforce the collection and payment thereof as they deem appropriate.
Rights and Powers of Trustees. (a) Until delivery to the holder of the voting trust certificate issued hereunder of stock certificates in exchange therefor, and until the surrender of the voting trust certificate for cancellation, the Trustees shall have the exclusive right to exercise all of the rights of shareholders except as expressly provided herein, all with the same force and effect as if the Trustees were the beneficial owners of the common stock deposited with them including but not limited to the exclusive right to vote the shares deposited hereunder in such manner as they may determine in their discretion, or to give written consent in lieu of voting thereon, subject to any limitation on the right to vote contained in the Certificate of Incorporation of BOT as same may have been amended, or other certificate filed pursuant to law, in person or by proxy, at any and all meetings of the shareholders which may be required or authorized by law. Such right of the Trustees to vote the shares deposited hereunder shall be exercised by majority decision and shall include but not be limited to the right to vote with respect to all of the following matters:
