Trust Corpus. The Grantor hereby transfers to the Trustee and the Trustee hereby accepts and agrees to hold, in trust, the sum of Ten Dollars ($10.00) plus such cash and/or property, if any, transferred to the Trustee by the Grantor or on behalf of the Grantor pursuant to obligations incurred under any or all of the Plans and the earnings thereon, and such cash and/or property, together with the earnings thereon and together with any other cash or property received by the Trustee pursuant to Section 8(a) of this Trust Agreement, shall constitute the trust estate and shall be held, managed and distributed as hereinafter provided. The Grantor shall execute any and all instruments necessary to vest the Trustee with full title to the property hereby transferred.
Trust Corpus. (a) As used herein, the term "Trust Corpus" shall mean the amounts delivered to the Trustee as described in Section 2.01 and 4.02(b) hereof in whatever form held or invested as provided herein. The Trust Corpus shall be held, invested and reinvested by the Trustee in cash or marketable securities only in accordance with this Section 2.
Trust Corpus. The Grantor hereby transfers to the Trustee and the Trustee hereby accepts and agrees to hold, in Trust, such assets listed on Schedule A, attached hereto, transferred to the Trustee by the Grantor or on behalf of the Grantor. Such cash and/or property, together with the earnings thereon, together with any other cash or property received by the Trustee pursuant to paragraph EIGHT of this Trust Agreement, shall constitute the trust estate and shall be held, managed and distributed as hereinafter provided; provided, however, that upon review and inspection, the Trustee may decline to accept purchases or transfers of real property or other specific assets into the trust. The Grantor shall have the right at any time, and from time to time in its sole discretion, to substitute assets of equal fair market value for any asset held by the Trust. This right is enforceable by the Grantor in a non-fiduciary capacity without the approval or consent of any person in a fiduciary capacity. The Grantor shall execute any and all instruments necessary to vest the Trustee with full title to the property hereby or subsequently transferred.
Trust Corpus. (a) As used herein, the term "Trust Corpus" shall mean the amounts delivered to the Trustee pursuant to the terms hereof, less amounts distributed or paid from the Trust pursuant to the terms hereof, plus all income earned by the Trust, in whatever form held or invested as provided herein. Upon the transfer to the Trustee of the amounts provided in subsection 2.01(a)(2), to the extent the transferred amount consists of property other than cash, the Trustee shall hold such property in the form in which it was transferred and shall have no power or authority to liquidate, transfer, or sell the property prior to the date of a Change in Control without written instructions from the Company to do so. To the extent the transferred property consists of cash, the Trustee shall invest it in the Short-Term Portfolio as defined below. Upon the occurrence of a Change in Control, the Trustee shall, in an orderly manner, liquidate all the noncash assets of the Trust Corpus other than any split-dollar life insurance policies or corporate-owned life insurance policies and shall invest the proceeds of the liquidation in two portfolios as follows: (i) a short-term fixed income portfolio (the "Short-Term Portfolio") which, except as otherwise provided below in this Section 2.02(a), shall be invested solely in U.S. Treasury obligations having maturities of less than one year, and (ii) an immunized/dedicated fixed income portfolio ("the "Dedicated Portfolio") which shall constitute a portfolio of cash and/or U.S. Treasury obligations that will produce a cash flow sufficient to provide for the payment when due of all the Company's obligations to Executives under those Plans, the benefits under which are to be paid from the Dedicated Portfolio, as reflected on Exhibit B hereto. So long as the Dedicated Portfolio has a current and projected cash flow sufficient to pay when due all amounts to be paid from the Dedicated Portfolio, the Trustee shall hold the assets of the Dedicated Portfolio in that form. If the Trustee is advised by the Actuary that the Dedicated Portfolio is no longer sufficient for that purpose, the Trustee shall liquidate and reinvest the assets in the Trust Corpus as may be necessary to cause the Dedicated Portfolio to be sufficient for that purpose, or as nearly so as possible, all in accordance with the instructions of Loomis, Sayles and Coxxxxx, Ixx., xr its successor (the "Advisor"), or if that Company has discontinued business with no successor, with the i...
Trust Corpus. As used herein, the term "Trust Corpus" shall mean any cash, Cash Equivalents or shares of Common Stock delivered, sold or otherwise contributed to the Trustee as described in Section 2.1 or 2.2 hereof, together with any dividends or earnings thereon or any proceeds from the disposition thereof, plus any cash or Cash Equivalents or shares of Common Stock sold or otherwise delivered thereafter pursuant to Section 2.1 or 2.2 hereof, together with any earnings thereon or any proceeds from the disposition thereof (and less such amounts distributed from the Trust pursuant to the terms hereof). As used herein, the term "Cash Equivalents" shall mean securities issued or directly and fully guaranteed by the United States or any agency or instrumentality thereof (provided that the full faith and credit of the United States is pledged in support thereof) having maturities of less than one year from the date of acquisition or money market portfolios of registered mutual funds, including those for which the Trustee or its affiliates acts as investment advisor. The Trust Corpus shall at all times be limited to shares of Common Stock and cash or Cash Equivalents.
Trust Corpus. Change in Control Section 3.01 Definition of Potential Change in Control..................................... Section 3.02
Trust Corpus. 4 1.23 Trustee....................................................................... 4
Trust Corpus. As used herein, the term "Trust Corpus" shall mean any cash, Cash Equivalents or shares of Common Stock delivered, sold or otherwise contributed to the Trustee as described in Section 2.1 or 2.2 hereof, together with any dividends or earnings thereon, any property received as a distribution in respect thereof or any proceeds from the disposition thereof, plus any cash or Cash Equivalents or shares of Common Stock sold or otherwise delivered thereafter pursuant to Section 2.1 or 2.2 hereof, together with any earnings thereon, any property received as a distribution in respect thereof or any proceeds from the disposition thereof (and less such amounts distributed from the Trust pursuant to the terms hereof). As used herein, the term "Cash Equivalents" shall mean securities issued or directly and fully guaranteed by the United States or any agency or instrumentality thereof (provided that the full faith and credit of the United States is pledged in support thereof) having maturities of less than one year from the date of acquisition or money market portfolios of registered mutual funds, including those for which the Trustee or its affiliates acts as investment advisor. Except as otherwise provided in Section 2.1(c) hereof, the Trust Corpus shall at all times be limited to shares of Common Stock and cash or Cash Equivalents.
Trust Corpus. The corpus of the Trust is comprised of the following:
A) With the amount of $25,000.00 (Twenty-five Thousand Pesos 00/100, Mexican Currency), as initial contribution, and tendered by Cemex Concretos to the Trustee upon execution hereof, who acknowledges receipt thereof.
B) With 100% of the right and interest to the collection rights of the Construction Contract, to the extent not committed for and not disposed on the date of execution hereof, including any possible renewals, additions, amendments and/or addenda to the same, all of which is hereby irrevocably contributed into the Trust by Cemex Concretos, by means of assignment of such right and interest and of cash proceeds of the same and/or the Notes, and the proceeds of such Notes.
C) With such additional amounts to be contributed by Cemex Concretos to the Trust corpus for the purposes stated herein and for purposes of compliance with the Simple Loan.
D) With the financial yields obtained from the investment of the Trust corpus, to the extent not already devoted to other purposes of this Trust. Non-Official Translation. Simple Loan Agreement. Public instrument number 116,381. Page 11 . Pursuant to the terms of section 5.1, of Circular 1/2005, published in the Federal Gazette on June 23, 2005, and the amendments thereto as per Circular 1/2005 Bis, dated as of July 11, 2005, Circular 1/2005 Bis 1, dated as of January 12, 2006 and Circular 1/2005 Bis 2, dated as of August 8, 2006, the foregoing clause shall be deemed as formal inventory of the estate comprising the Trust corpus upon formation hereof, a copy of which is kept by the parties hereto. Furthermore, the parties hereto acknowledge that the inventory of the Trust corpus shall be amended from time to time as new contributions are made into the Trust by the Trustor and obtained from yields gained in investments and payments or withdrawals made on the account of the same. Such variations shall be properly accounted for in the account statements referred below. With the prior approval of the Trustee, the Trust corpus may be increased with additional contributions for which there will be no need of making any amendment hereto and the mere instruction sent by the Trustor to the Trustee shall suffice. All transfers of property or interests of any kind contributed into the Trust shall be made in accordance with the applicable law. The property and interests comprising the subject matter of the Trust shall be deemed subject to the purposes stated herein an...
Trust Corpus. The entirety of the Trust’s corpus shall be available to pay the Beneficiaries and authorized expenses. The Trust Corpus shall be allocated, administered, and distributed as provided in the Survivor Claim Distribution Plan, the Plan, and the Confirmation Order.