Common use of THE TRUST AND TRUST FUND Clause in Contracts

THE TRUST AND TRUST FUND. By signing this Trust Agreement, the Employer establishes the Trust to hold and distribute the Trust Fund in accordance with the provisions of the Plan Documents. Except to the extent that ERISA applies, the laws of the State of Delaware shall govern, control, and determine all questions arising with respect to a Trustee acting pursuant to the provisions of this Trust Agreement, including the validity of its provisions. This Trust Agreement shall be interpreted in a manner consistent with the intent to satisfy the relevant provisions of state and federal laws including the Code and ERISA, if applicable. The Trust Fund consists of the assets held at any time, and from time to time, by the Trustee under this Trust Agreement (including assets held by a group trust that meets the requirements of Revenue Ruling 81-100 (an “81-100 trust”), which may be maintained or administered by an Investment Manager, or assets held by a custodian, transfer agent, broker/dealer, or other entity subject to a proper arrangement with the Trustee) and shall consist of Contributions received by the Trustee and all manner of investments, and the proceeds thereof, attributable to those Contributions. The Trust Fund shall include only those assets that the Trustee accepts and which are received by the Trustee. The Trust Fund shall be valued at current fair market value as of the last day of the Plan Year and, at the discretion of the Trustee, may be valued more frequently. The valuation shall take into consideration investment earnings credited, expenses charged, payments made, and changes in the values of the assets held in the Trust Fund. The Account of a Participant shall be credited with its share of the gains and losses of the Trust Fund. That part of a Participant’s Account invested in a funding arrangement or other investment vehicle which establishes an account or accounts for such Participant thereunder shall be credited with the gains or losses from such account or accounts. That part of a Participant’s Account which is invested in other funding arrangements or other investment vehicles shall be credited with a proportionate share of the gains or losses of such investments. The share shall be determined by multiplying the gain or loss of the investment by the ratio of (i) the part of the Participant’s Account invested in such funding arrangement or other investment vehicle to (ii) the total of the Trust Fund invested in such funding arrangement or other investment vehicle. The corpus or income of the Trust Fund shall not be used for, or diverted to, purposes other than for the exclusive benefit of the Participants or their Beneficiaries.

THE TRUST AND TRUST FUND. By signing this Trust Agreement, the Employer establishes the Trust to hold and distribute the Trust Fund in accordance with the provisions of the Plan Documents. Except to the extent that ERISA applies, the laws of the State of Delaware shall govern, control, and determine all questions arising with respect to a Trustee acting pursuant to the provisions of this Trust Agreement, including the validity of its provisions. This Trust Agreement shall be interpreted in a manner consistent with the intent to satisfy the relevant provisions of state IRC Section 401(a) and federal laws including such other provisions of the Code and ERISA, if applicableIRC that apply to the Plan. The Trust Fund consists of the assets held at any time, and from time to time, by the Trustee under this the Trust Agreement (including assets held by a group trust that meets the requirements of Revenue Ruling an 81-100 (an “81-100 trust”), trust which may be maintained or administered by an Investment Manager, or assets held by a custodian, transfer agent, broker/dealer, or other entity subject to a proper arrangement with the Trustee) and shall consist of Contributions contributions received by the Trustee and all manner of investments, and the proceeds thereof, attributable to those Contributionscontributions. The Trust Fund shall include only those assets that the Trustee accepts and which are actually received by the Trustee. The Trust Fund shall be valued at current fair market value as of the last day of the Plan Year and, at the discretion of the Trustee, may be valued more frequently. The valuation shall take into consideration investment earnings credited, expenses charged, payments made, and changes in the values of the assets held in the Trust Fund. The Account of a Participant Member shall be credited with its share of the gains and losses of the Trust Fund. That part of a Participant’s Member's Account invested in a funding arrangement or other investment vehicle which establishes an account or accounts for such Participant Member thereunder shall be credited with the gains or losses from such account or accounts. That part of a Participant’s Account Member's Account, which is invested in other funding arrangements or other investment vehicles shall be credited with a proportionate share of the gains or losses of such investments. The share shall be determined by multiplying the gain or loss of the investment by the ratio of (i) the part of the Participant’s Member's Account invested in such funding arrangement or other investment vehicle to (ii) the total of the Trust Fund invested in such funding arrangement or other investment vehicle. The corpus or income of the Trust Fund shall not be used for, or diverted to, purposes other than for the exclusive benefit of the Participants Members, retired Members, or their Beneficiaries.

THE TRUST AND TRUST FUND. By signing this Trust Agreementagreement, the Employer establishes the Trust trust to hold and distribute the Trust Fund in accordance with under the provisions of the Plan DocumentsPlan. Except to The trust shall be construed, regulated, and administered under the extent that ERISA applies, the laws law of the State of Delaware shall govern, control, and determine all questions arising with respect to a state in which the Trustee acting pursuant to the provisions of this Trust Agreement, including the validity of its provisions. This Trust Agreement shall be interpreted in a manner consistent with the intent to satisfy the relevant provisions of state and federal laws including the Code and ERISA, if applicableis located. The Trust Fund consists of the Annuity Contract(s) and any Plan assets not held at under or invested pursuant to any timeother trust agreement. This fund results from Contributions made under the Plan, and from time which are forwarded to time, by the Trustee under this Trust Agreement (including assets held by a group trust that meets to be deposited in the requirements of Revenue Ruling 81-100 (an “81-100 trust”), which may be maintained or administered by an Investment Manager, or assets held by a custodian, transfer agent, broker/dealer, or other entity subject to a proper arrangement with the Trustee) and shall consist of Contributions received by the Trustee and all manner of investments, and the proceeds thereof, attributable to those Contributions. The Trust Fund shall include only those assets that as provided in the Trustee accepts and which are received by the TrusteePlan. The Trust Fund shall be valued at current fair market value as of the last day of the Plan Year and, at the discretion of the Trustee, may be valued more frequently. The valuation shall take into consideration investment earnings credited, expenses charged, payments made, and changes in the values of the assets held in the Trust Fund. The Account of a Participant Member shall be credited with its share of the gains and losses of the Trust Fund. That part of a ParticipantMember’s Account invested in a funding arrangement or other investment vehicle which establishes an account or accounts for such Participant Member thereunder shall be credited with the gains or losses from such account or accounts. That part of a ParticipantMember’s Account which is invested in other funding arrangements or other investment vehicles shall be be’ credited with a proportionate share of the gains or losses of such investments. The share shall be determined by multiplying the gain or loss of the investment by the ratio of (i) the part of the ParticipantMember’s Account invested in such funding arrangement or other investment vehicle to (ii) the total of the Trust Fund invested in such funding arrangement or other investment vehiclearrangement. The corpus or income of the Trust Fund shall not be used for, or diverted to, purposes other than for the exclusive benefit of the Participants Members or their Beneficiaries.