Common use of Settlement of Accounts Clause in Contracts

Settlement of Accounts. Within sixty days after the close of each Fiscal Year, and within sixty days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Fiscal Year, or during such period from the close of the prior Fiscal Year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year or other period. If within ninety days after the filing of such account the Company has not filed with the Trustee notice or any objection to any act or transaction of the Trustee, the initial account shall become final. If any objection has been filed, and if the Company is satisfied that the objection should be withdrawn, the Company shall in writing filed with the Trustee signify its approval of the account, and it shall become final. If the account is adjusted following an objection thereto, the Trustee shall file with the Company the adjusted account, and if within thirty days after such filing of an adjusted account the Company has not filed with the Trustee notice of any objection to the transactions as so adjusted, the adjusted account shall become final. Unless an account is fraudulent when it becomes final, the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Appears in 2 contracts

Samples: Truist Financial Corporation Non Qualified Deferred Compensation Trust (Truist Financial Corp), Non Qualified (Bb&t Corp)

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Settlement of Accounts. Within sixty Subject to Sections 7.1 and 7.2 hereof, within 60 days after the close of each Fiscal Yearcalendar year, and within sixty 60 days after the removal or resignation of the Trustee or the termination of the TrustTrust (or any portion thereof), the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it with respect to the Trust during the preceding Fiscal Year, calendar year or during such the period from the close of the prior Fiscal Year preceding calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year calendar year or other period. If It shall be the duty of the Company to review such written account promptly within ninety 90 days after from the date of filing of any such account and if, within such 90-day period, the Company has does not filed file with the Trustee a written notice or any of objection to any act or transaction of the Trustee’s acts or transactions, the initial account shall become final. If any objection has been filed, and if the Company is satisfied that the objection should be withdrawn, the Company shall in writing filed with an account stated between the Trustee signify its approval of and the account, and it shall become finalCompany. If the account is adjusted following an Company files a written notice of objection theretowith the Trustee, the Trustee shall may file with the Company the adjusted account, and if within thirty days after in which case it shall be the duty of the Company to review such filing of an adjusted account promptly within 30 days from the date of its filing. If, within such 30-day period, the Company has not filed with the Trustee fails to file a written notice of any objection to any of the Trustee’s acts or transactions as so adjustedadjusted with the Trustee, the adjusted account shall become finalan account stated between the Trustee and the Company. Unless an account is fraudulent fraudulent, when it becomes finalan account stated it shall be finally settled, and the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Appears in 1 contract

Samples: Benefit Equity Trust Agreement (Beckman Coulter Inc)

Settlement of Accounts. Within sixty Subject to Sections 7.1 and 7.2 hereof, within 60 days after the close of each Fiscal Yearcalendar year, and within sixty 60 days after the removal or resignation of the Trustee or the termination of the TrustTrust (or any portion thereof), the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it with respect to the Trust during the preceding Fiscal Year, calendar year or during such the period from the close of the prior Fiscal Year preceding calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year calendar year or other period. If It shall be the duty of the Company to review such written account promptly within ninety 90 days after from the date of filing of any such account and if, within such 90-day period, the Company has does not filed file with the Trustee a written notice or any of objection to any act or transaction of the Trustee's acts or transactions, the initial account shall become final. If any objection has been filed, and if the Company is satisfied that the objection should be withdrawn, the Company shall in writing filed with an account stated between the Trustee signify its approval of and the account, and it shall become finalCompany. If the account is adjusted following an Company files a written notice of objection theretowith the Trustee, the Trustee shall may file with the Company the an adjusted account, and if within thirty days after in which case it shall be the duty of the Company to review such filing of an adjusted account promptly within 30 days from the date of its filing. If, within such 30-day period, the Company has not filed with the Trustee fails to file a written notice of any objection to any of the Trustee's acts or transactions as so adjustedadjusted with the Trustee, the adjusted account shall become finalan account stated between the Trustee and the Company. Unless an account is fraudulent fraudulent, when it becomes finalan account stated it shall be finally settled, and the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Appears in 1 contract

Samples: Trust Agreement (Beckman Instruments Inc)

Settlement of Accounts. Within sixty Subject to Sections 7.1 and 7.2 hereof, within 60 days after the close of each Fiscal Yearcalendar year, and within sixty 60 days after the removal or resignation of the Trustee or the termination of the TrustTrust (or any portion thereof), the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it with respect to the Trust during the preceding Fiscal Year, calendar year or during such the period from the close of the prior Fiscal Year preceding calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year calendar year or other period. If It shall be the duty of the Company to review such written account promptly within ninety 90 days after from the date of filing of any such account and if, within such 90-day period, the Company has does not filed file with the Trustee a written notice or any of objection to any act or transaction of the Trustee's acts or transactions, the initial account shall become final. If any objection has been filed, and if the Company is satisfied that the objection should be withdrawn, the Company shall in writing filed with an account stated between the Trustee signify its approval of and the account, and it shall become finalCompany. If the account is adjusted following an Company files a written notice of objection theretowith the Trustee, the Trustee shall may file with the Company the an adjusted account, and if within thirty days after in which case it shall be the duty of the Company to review such filing of an adjusted account promptly within 30 days from the date of its filing. If, within such 30-day period, the Company has not filed with the Trustee fails to file a written notice of any objection to any of the Trustee's acts or transactions as so adjustedadjusted with the Trustee, the adjusted account shall become finalan account stated between the Trustee and the Company. Unless an account is fraudulent fraudulent, when it becomes finalan account stated it shall be finally settled, and the Trustee shall, to the maximum extent extend permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Appears in 1 contract

Samples: Trust Agreement (Beckman Instruments Inc)

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Settlement of Accounts. Within sixty Subject to Subsections 7.1 and 7.2, within 60 days after the close of each Fiscal Yearcalendar year, and within sixty 60 days after the removal or resignation of the Trustee or the termination of the TrustTrust (or any portion thereof), the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it with respect to the Trust during the preceding Fiscal Year, calendar year or during such the period from the close of the prior Fiscal Year preceding calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year calendar year or other period. If It shall be the duty of the Company to review such written account promptly within ninety 90 days after from the date of filing of any such account and if, within such 90-day period, the Company has does not filed file with the Trustee a written notice or any of objection to any act or transaction of the Trustee's acts or transactions, the initial account shall become final. If any objection has been filed, and if the Company is satisfied that the objection should be withdrawn, the Company shall in writing filed with an account stated between the Trustee signify its approval of and the account, and it shall become finalCompany. If the account is adjusted following an Company files a written notice of objection theretowith the Trustee, the Trustee shall may file with the Company the an adjusted account, and if within thirty days after in which case it shall be the duty of the Company to review such filing of an adjusted account promptly within 30 days from the date of its filing. If, within such 30-day period, the Company has not filed with the Trustee fails to file a written notice of any objection to any of the Trustee's acts or transactions as so adjustedadjusted with the Trustee, the adjusted account shall become finalan account stated between the Trustee and the Company. Unless an account is fraudulent fraudulent, when it becomes finalan account stated it shall be finally settled, and the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Appears in 1 contract

Samples: Trust Agreement (Vencor Inc)

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