Common use of Trustee Responsibility Regarding Payments to Trust Beneficiary Clause in Contracts

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK IS INSOLVENT. (a) Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Bank is Insolvent. Bank shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Bank is unable to pay its debts as they become due, (ii) Bank is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, or (iii) Bank is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation or the Resolution Trust Corporation. (b) At all times during the continuance of this Trust, as provided in Section 1(d) hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank under federal and state law as set forth below. (1) The Board of Directors and the Chief Executive Officer of Bank shall have the duty to inform Trustee in writing of Bank's Insolvency. If a person claiming to be a creditor of Bank alleges in writing to Trustee that Bank has become Insolvent, Trustee shall determine whether Bank is Insolvent and, pending such determination, Trustee shall discontinue payment of benefits to Plan participants or their beneficiaries. (2) Unless Trustee has actual knowledge of Bank's Insolvency, or has received notice from Bank or person claiming to be a creditor alleging that Bank is Insolvent, Trustee shall have no duty to inquire whether Bank is Insolvent. Trustee may in all events rely on such evidence concerning Bank's solvency as may be furnished to Trustee and that provides Trustee with a reasonable basis for making a determination concerning Bank's solvency. (3) If at any time Trustee has determined that Bank is Insolvent, Trustee shall discontinue payments to Plan participants or their beneficiaries and shall hold the assets of the Trust for the benefit of Bank's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of Plan participants or their beneficiaries to pursue their rights as general creditors of Bank with respect to benefits due under the Plan or otherwise. (4) Trustee shall resume the payment of benefits to Plan participants or their beneficiaries in accordance with Section 2 of this Trust Agreement only after Trustee has determined that Bank is not Insolvent (or is no longer Insolvent). (c) Provided that there are sufficient assets, if Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b) hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Plan participants or their beneficiaries under the terms of the Plan for the period of such discontinuance, less the aggregate amount of any payments made to Plan participants or their beneficiaries by Bank in lieu of the payments provided for hereunder during any such period of discontinuance.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK MLP IS INSOLVENT.. ---------------------- (a) The Trustee shall cease payment of benefits to Deferral Plan participants and their beneficiaries if the Bank MLP is Insolvent. Bank The MLP shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Bank the MLP is unable to pay its debts as they become due, or (ii) Bank the MLP is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, or (iii) Bank is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation or the Resolution Trust Corporation. (b) At all times during the continuance of this Trust, as provided in Section 1(d) hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank the MLP under federal and state law as set forth below. (1) The Board of Directors Supervisors and the Chief Executive Officer of Bank the MLP shall have the duty to inform the Trustee in writing of Bankthe MLP's Insolvency. If a person claiming to be a creditor of Bank the MLP alleges in writing to the Trustee that Bank the MLP has become Insolvent, the Trustee shall determine whether Bank the MLP is Insolvent (in accordance with the procedure set forth in subparagraph (2) and (3) below) and, pending such determination, the Trustee shall discontinue payment of benefits to Deferral Plan participants or their beneficiariesbeneficiaries pursuant to Section 9 of the Deferral Plan. (2) Unless the Trustee has actual knowledge of Bankthe MLP's Insolvency, or has received notice from Bank the MLP or a person claiming to be a creditor alleging that Bank the MLP is Insolvent, the Trustee shall have no duty to inquire whether Bank the MLP is Insolvent. The Trustee may in all events rely on such evidence concerning Bankthe MLP's solvency as may be furnished to the Trustee and that provides the Trustee with a reasonable basis for making a determination concerning Bankthe MLP's solvency. (3) Upon receipt of notice of the MLP's Insolvency from any person other than the Board of Supervisors and the Chief Executive Officer, the Trustee shall seek in writing a determination of the Board of Supervisors and Chief Executive Officer or any appropriate court as to the Insolvency of the MLP. The Trustee may conclusively rely upon a determination of the Board of Supervisors and Chief Executive Officer as to the MLP's Insolvency. (4) If at any time the Trustee has determined that Bank the MLP is Insolvent, the Trustee shall discontinue payments to Deferral Plan participants or their beneficiaries and shall hold the assets of the Trust for the benefit of Bankthe MLP's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights as general creditors of the MLP with respect to benefits of Deferral Plan participants or their beneficiaries to pursue their rights as general creditors of Bank with respect to benefits due under the Deferral Plan or otherwise. (45) The Trustee shall resume the payment of benefits to Deferral Plan participants or their beneficiaries in accordance with Section 2 of this Trust Agreement only after the Trustee has determined in accordance with subsection (b) (2) hereof that Bank the MLP is not Insolvent (or is no longer Insolvent). (c6) Provided that there are sufficient assets, if the Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b) hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Deferral Plan participants or their beneficiaries under the terms of the Deferral Plan for the period of such discontinuance, less the aggregate amount of any payments made to Deferral Plan participants or their beneficiaries by Bank the MLP in lieu of the payments provided for hereunder during any such period of discontinuance.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK IS INSOLVENTWhen Company is Insolvent. (a) Trustee shall cease payment of benefits to the Plan participants Participant and their his beneficiaries if the Bank Company is Insolvent. Bank Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Bank Company is unable to pay its debts as they become due, or (ii) Bank Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, or (iii) Bank is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation or the Resolution Trust Corporation. (b) At all times during the continuance of this Trust, as provided in Section 1(d) hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank Company under federal and state law as set forth below. (1) The Board of Directors and the Chief Executive Officer chief executive officer of Bank the Company shall have the duty to inform Trustee in writing of BankCompany's Insolvency. If a person claiming to be a creditor of Bank Company alleges in writing to Trustee that Bank Company has become Insolvent, Trustee shall determine whether Bank Company is Insolvent and, pending such determination, Trustee shall discontinue payment of benefits to the Plan participants Participant or their his beneficiaries. (2) Unless Trustee has actual knowledge of BankCompany's Insolvency, or has received notice from Bank Company or a person claiming to be a creditor alleging that Bank Company is Insolvent, Trustee shall have no duty to inquire whether Bank Company is Insolvent. Trustee may in all events rely on such evidence concerning BankCompany's solvency as may be furnished to Trustee and that provides Trustee with a reasonable basis for making a determination concerning BankCompany's solvency. (3) If at any time Trustee has determined that Bank Company is Insolvent, Trustee shall discontinue payments to the Plan participants Participant or their his beneficiaries and shall hold the assets of the Trust for the benefit of BankCompany's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of the Plan participants Participant or their his beneficiaries to pursue their rights as general creditors of Bank Company with respect to benefits due under the Plan Plans or otherwise. (4) Trustee shall resume the payment of benefits to the Plan participants Participant or their his beneficiaries in accordance with Section 2 of this Trust Agreement only after Trustee has determined that Bank Company is not Insolvent (or is no longer Insolvent). (c) Provided that there are sufficient assets, if Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b) hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to the Plan participants Participant or their his beneficiaries under the terms of the Plan Plans for the period of such discontinuance, less the aggregate amount of any payments made to the Plan participants Participant or their his beneficiaries by Bank Company in lieu of the payments provided for hereunder during any such period of discontinuance.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK COMPANY IS INSOLVENT. (a) Section 3.1 Trustee shall cease payment of benefits to Plan participants the Participant and their his beneficiaries if the Bank Company is Insolvent. Bank Company shall be considered "“Insolvent" ” for purposes of this Trust Agreement if (i) Bank Company is unable to pay its debts as they become due, or (ii) Bank Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, Code or (iii) Bank is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation any comparable state or the Resolution Trust Corporationfederal regulatory law. (b) Section 3.2 At all times during the continuance of this Trust, as provided in Section 1(d) 1.4 hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank Company under federal and state law as set forth below. (1) The Board of Directors and the Chief Executive Officer (or if there is no Chief Executive Officer, the highest ranking officer) of Bank Company shall have the duty to inform Trustee in writing of Bank's Company’s Insolvency. If a person claiming to be a creditor of Bank Company alleges in writing to Trustee that Bank Company has become Insolvent, Trustee shall determine whether Bank Company is Insolvent and, pending such determination, Trustee shall discontinue payment of benefits to Plan participants or their beneficiaries. (2) Unless Trustee has actual knowledge of Bank's Company’s Insolvency, or has received notice from Bank Company or a person claiming to be a creditor alleging that Bank Company is Insolvent, Trustee shall have no duty to inquire whether Bank Company is Insolvent. Trustee may in all events rely on such evidence concerning Bank's Company’s solvency as may be furnished to Trustee and that provides Trustee with a reasonable basis for making a determination concerning Bank's Company’s solvency. (3) If at any time Trustee has determined that Bank Company is Insolvent, Trustee shall discontinue payments to Plan participants or their beneficiaries and shall hold the assets of the Trust for the benefit of Bank's Company’s general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of the Plan participants or their beneficiaries to pursue their rights as general creditors of Bank Company with respect to benefits due under the Plan Plan(s) or otherwise. (4) Trustee shall resume the payment of benefits to Plan participants or their beneficiaries in accordance with Section 2 Article II of this Trust Agreement only after Trustee has determined been directed that Bank Company is not Insolvent (or is no longer Insolvent). Trustee may in all events rely on such evidence concerning Company’s solvency (or Insolvency) as may be furnished to Trustee and that provides Trustee with a reasonable basis for making a determination concerning Company’s solvency. (c) Section 3.3 Provided that there are sufficient assets, if Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b) 3.2 hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Plan participants or their beneficiaries under the terms of the Plan Plan(s) for the period of such discontinuance, less the aggregate amount of any payments made to Plan participants or their beneficiaries by Bank Company in lieu of the payments provided for hereunder during any such period of discontinuance.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK IS INSOLVENT.when the Company Is Insolvent. ----------------------------- (a) The Trustee shall cease payment of benefits to Plan participants Participants and their beneficiaries if the Bank Company is Insolvent. Bank The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Bank the Company is unable to pay its debts as they become due, or (ii) Bank the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, or (iii) Bank is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation or the Resolution Trust Corporation. (b) At all times during the continuance of this Trust, as provided in Section 1(d) hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank the Company under federal and state law as set forth below. (1) The Board of Directors and the Chief Executive Officer of Bank the Company shall have the duty to inform the Trustee in writing of Bankthe Company's Insolvency. If a person claiming to be a creditor of Bank the Company alleges in writing to the Trustee that Bank the Company has become Insolvent, the Trustee shall determine whether Bank the Company is Insolvent and, pending such determination, the Trustee shall discontinue payment of benefits to Plan participants Participants or their beneficiaries. (2) Unless the Trustee has actual knowledge of Bankthe Company's Insolvency, or has received notice from Bank the Company or a person claiming to be a creditor alleging that Bank the Company is Insolvent, the Trustee shall have no duty to inquire whether Bank the Company is Insolvent. The Trustee may in all events rely on such evidence concerning Bankthe Company's solvency as may be furnished to the Trustee and that provides the Trustee with a reasonable basis for making a determination concerning Bankthe Company's solvency. (3) If at any time the Trustee has determined that Bank the Company is Insolvent, the Trustee shall discontinue payments to Plan participants Participants or their beneficiaries and shall hold the assets of the Trust for the benefit of Bankthe Company's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of Plan participants Participants or their beneficiaries to pursue their rights as general creditors of Bank the Company with respect to benefits due under the Plan or otherwise. (4) The Trustee shall resume the payment of benefits to Plan participants Participants or their beneficiaries in accordance with Section 2 of this Trust Agreement only after the Trustee has determined that Bank the Company is not Insolvent (or is no longer Insolvent). (c) Provided that there are sufficient assets, if the Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b4(b) hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Plan participants Participants or their beneficiaries under the terms of the Plan Plans for the period of such discontinuance, less the aggregate amount of any payments made to Plan participants Participants or their beneficiaries by Bank the Employers participating in the Executive Plan or by the Company with respect to the Directors' Plan in lieu of the payments provided for hereunder during any such period of discontinuance.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK IS INSOLVENT.When Bank Is Insolvent (a) 3.1 The Trustee shall cease payment of benefits to Plan participants Participants and their beneficiaries if the Bank is Insolvent. The Bank shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Bank is unable to pay its debts as they become due, or (ii) the Bank is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, Code or (iii) Bank is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation or the Resolution Trust Corporationunder state court receivership law. (b) 3.2 At all times during the continuance of this Trust, Trust as provided in Section 1(d) paragraph 1.3 hereof, the principal and income of the Trust shall be subject to claims of general creditors of the Bank under federal and state law as set forth below.: (1) 3.2.1 The Board of Directors and the Chief Executive Officer of the Bank shall have the duty to inform the Trustee in writing of the Bank's Insolvency. If a person claiming to be a creditor of the Bank alleges in writing to the Trustee that the Bank has become Insolvent, the Trustee shall determine whether the Bank is Insolvent and, pending such determination, the Trustee shall discontinue payment of benefits to Plan participants Participants or their beneficiaries. (2) 3.2.2 Unless the Trustee has actual knowledge of the Bank's Insolvency, or has received notice from the Bank or a person claiming to be a creditor alleging that the Bank is Insolvent, the Trustee shall have no duty to inquire whether the Bank is Insolvent. The Trustee may in all events rely on such evidence concerning the Bank's solvency as may be furnished to the Trustee by the Bank and that provides the Trustee with a reasonable basis for making a determination concerning the Bank's solvency. (3) 3.2.3 If at any time the Trustee has determined that the Bank is Insolvent, the Trustee shall discontinue payments to Plan participants Participants or their beneficiaries and shall hold the assets of the Trust for the benefit of the Bank's general creditors. While so holding such assets, the Trustee shall make payments to such creditors if the Bank shall so direct or, if the Bank is subject to a pending proceeding as a debtor under the United States Bankruptcy code or state receivership law, as a court of competent jurisdiction shall direct. Nothing in this Trust Agreement shall in any way diminish any rights of Plan participants Participants or their beneficiaries to pursue their rights as general creditors of the Bank with respect to benefits due under the Plan or otherwise. (4) 3.2.4 The Trustee shall resume the payment of benefits to Plan participants Participants or their beneficiaries in accordance with Section 2 Article II of this Trust Agreement only after the Trustee has determined that the Bank is not Insolvent (or is no longer Insolvent). (c) Provided that there are sufficient assets, if 3.3 If the Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b) paragraph 3.2 hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Plan participants Participants or their beneficiaries under the terms of the Plan for the period of such discontinuance, less the aggregate amount of any payments made to Plan participants Participants or their beneficiaries by the Bank in lieu of the payments provided for hereunder during any such period of discontinuancediscontinuance provided that there are sufficient assets.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK IS INSOLVENT.When Company Is Insolvent. -------------------------- (a) Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Bank Company is Insolvent. Bank Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Bank Company is unable to pay its debts as they become due, or (ii) Bank Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, or (iii) Bank is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation or the Resolution Trust Corporation. (b) At all times during the continuance of this Trust, as provided in Section 1(dl(d) hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank Company under federal and state law as set forth below. (1) The Board of Directors and the Chief Executive Officer of Bank Company (or, if there is no Chief Executive Officer, the highest ranking officer) shall have the duty to inform Trustee in writing of BankCompany's Insolvency. If a person claiming to be a creditor of Bank Company alleges in writing to Trustee that Bank Company has become Insolvent, Trustee shall determine whether Bank Company is Insolvent and, pending such determination, Trustee shall discontinue payment of benefits to Plan participants or their beneficiaries. (2) Unless Trustee has actual knowledge of BankCompany's Insolvency, or has received notice from Bank Company or a person claiming to be a creditor alleging that Bank Company is Insolvent, Trustee shall have no duty to inquire whether Bank Company is Insolvent. Trustee may in all events rely on such evidence concerning BankCompany's solvency as may be furnished to Trustee and that provides Trustee with a reasonable basis for making a determination concerning BankCompany's solvency. (3) If at any time Trustee has determined that Bank Company is Insolvent, Trustee shall discontinue payments to Plan participants or their beneficiaries and shall hold the assets of the Trust for the benefit of BankCompany's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of Plan participants or their beneficiaries to pursue their rights as general creditors of Bank Company with respect to benefits due under the Plan Plan(s) or otherwise. (4) Trustee shall resume the payment of benefits to Plan participants or their beneficiaries in accordance with Section 2 of this Trust Agreement only after Trustee has determined that Bank Company is not Insolvent (or is no longer Insolvent). (c) Provided that there are sufficient assets, if Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b) hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Plan participants or their beneficiaries under the terms of the Plan Plan(s) for the period of such discontinuance, less the aggregate amount of any payments made to Plan participants or their beneficiaries by Bank in lieu of the payments provided for hereunder during any such period of discontinuance; provided that Company has given Trustee information with respect to such payments made during the period of discontinuance prior to resumption of payments by the Trustee.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK IS INSOLVENT.When Company Is Insolvent. ------------------------- (a) Trustee shall cease payment of benefits to a Plan participants Participant (and their beneficiaries his or her beneficiaries) if the Bank Company is Insolvent. Bank The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Bank the Company is unable to pay its debts as they become due, due or (ii) Bank the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, or (iii) Bank is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation or the Resolution Trust Corporation. (b) At all times during the continuance of this Trust, as provided in Section 1(d1(e) hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank the Company under federal and state law as set forth fort h below. (1i) The Board of Directors and the Chief Executive Officer of Bank the Company shall have the duty to inform Trustee in writing of Bankthe Company's Insolvency. If a person claiming to be a creditor of Bank the Company alleges in writing to Trustee that Bank the Company has become Insolvent, Trustee shall determine whether Bank the Company is Insolvent and, pending such determination, Trustee shall discontinue payment of benefits to Plan participants Participants (or their his or her beneficiaries). (2ii) Unless Trustee has actual knowledge of Bankthe Company's Insolvency, or has received notice from Bank the Company or a person claiming to be a creditor alleging that Bank the Company is Insolvent, Trustee shall have no duty to inquire whether Bank the Company is Insolvent. Trustee may in all events rely on such evidence concerning Bankthe Company's solvency as may be furnished to Trustee and that provides Trustee with a reasonable basis for making a determination concerning Bankthe Company's solvency. (3iii) If at any time Trustee has determined that Bank the Company is Insolvent, Trustee shall discontinue payments to Plan participants Participants (or their beneficiaries beneficiaries) and shall hold the assets of the Trust for the benefit of Bankthe Company's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of Plan participants Participants (or their beneficiaries beneficiaries) to pursue their rights as general creditors of Bank the Company with respect to benefits due under the Plan or otherwise. (4iv) Trustee shall resume the payment of benefits to Plan participants Participants (or their beneficiaries beneficiaries) in accordance with Section 2 of this Trust Agreement only after Trustee has determined that Bank the Company is not Insolvent (or is no longer Insolvent). (cd) Provided that there are sufficient assets, if Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b) hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Plan participants Participants (or their beneficiaries beneficiaries) under the terms of the Plan for the period of such discontinuance, less the aggregate amount of any payments made to Plan participants Participants (or their beneficiaries beneficiaries) by Bank the Company in lieu of the payments provided for hereunder during any such period of discontinuance.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK IS INSOLVENT.When Company Is Insolvent ------------------------- (a) The Trustee shall cease payment of benefits to Plan participants and their beneficiaries Beneficiaries if the Bank Company is Insolvent. Bank The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Bank the Company is unable to pay its debts as they when the same become due, or (ii) Bank the Company is subject determined to a pending proceeding as a debtor under the United States Bankruptcy Codebe Insolvent by its primary banking regulator, or (iii) Bank the Company is determined placed in receivership by its primary banking regulator due to be insolvent by the Director of the Federal Deposit Insurance Corporation or the Resolution Trust Corporationits Insolvency. (b) At all times during the continuance existence of this Trust, as provided in Section 1(dl (d) hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank the Company under federal and state law as set forth below. (1c) The Board of Directors and the Chief Executive Officer of Bank the Company shall have the duty to inform the Trustee in writing of Bankthe Company's Insolvency. If a person claiming to be a creditor of Bank the Company alleges in writing to the Trustee that Bank the Company has become Insolvent, the Trustee shall determine whether Bank the Company is Insolvent and, pending such determination, the Trustee shall discontinue payment of benefits to Plan participants or their beneficiariesBeneficiaries. (21) Unless the Trustee has actual knowledge of Bankthe Company's Insolvency, or has received notice from Bank the Company or a person claiming to be a creditor alleging that Bank the Company is Insolvent, the Trustee shall have no duty to inquire whether Bank the Company is Insolvent. The Trustee may in all events rely on such evidence concerning Bankthe Company's solvency as may be furnished to the Trustee and that provides the Trustee with a reasonable basis for making a determination concerning Bankthe Company's solvency. (32) If at any time the Trustee has determined that Bank the Company is Insolvent, the Trustee shall discontinue payments to Plan participants or their beneficiaries Beneficiaries, shall liquidate the Trust's investment, if any, in common stock ("Common Stock") of the Company, and shall hold the assets of the Trust for the benefit of Bankthe Company's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of Plan participants or their beneficiaries to pursue their rights Beneficiaries as general creditors of Bank the Company with respect to benefits due under the Plan Arrangements or otherwise. (43) The Trustee shall resume the payment of benefits to Plan participants or their beneficiaries Beneficiaries in accordance with Section 2 of this Trust Agreement only after the Trustee has determined that Bank the Company is not Insolvent (or is no longer Insolvent). (cd) Provided that there are sufficient assets, if If the Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b3(a) hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Plan participants or their beneficiaries Beneficiaries under the terms of the Plan Arrangements for the period of such discontinuance, less the provided that there are sufficient assets to make such payments. The aggregate amount of any payments made to Plan participants or their beneficiaries Beneficiaries by Bank the Company, in lieu of the payments provided for hereunder during any such period of discontinuance, shall be deducted from any payments made by the Trustee hereunder.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK IS INSOLVENT.When The Company is Insolvent (a) The Trustee shall cease payment of benefits to Plan participants and their beneficiaries Executives if the Bank Company is Insolvent. Bank The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Bank the Company is unable to pay its debts as they become due, (ii) Bank the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Bankcruptcy Code, or (iii) Bank the Company is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation any state or the Resolution Trust Corporationfederal regulatory authority. (b) At all times during the continuance of this Trust, as provided in Section 1(d) hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank the Company under federal and state law as set forth below. (1) The Board of Directors and the Chief Executive Officer of Bank the Company shall have the duty to inform the Trustee in writing of Bank's Insolvencythat the Company is Insolvent. If a person claiming to be a creditor of Bank the Company alleges in writing to the Trustee that Bank the Company has become Insolvent, the Trustee shall determine whether Bank the Company is Insolvent and, pending such determination, the Trustee shall discontinue payment of benefits to Plan participants or their beneficiariesExecutives. (2) Unless the Trustee has actual knowledge of Bank's Insolvencythat the Company is Insolvent, or has received notice from Bank the Company or a person claiming to be a creditor alleging that Bank the Company is Insolvent, the Trustee shall have no duty to inquire whether Bank the Company is Insolvent. The Trustee may in all events rely on such evidence concerning Bank's solvency whether the Company is Insolvent as may be furnished to the Trustee and that provides the Trustee with a reasonable basis for making a determination concerning Bank's solvencywhether the Company is Insolvent. (3) If at any time the Trustee has determined that Bank the Company is Insolvent, the Trustee shall discontinue payments to Plan participants or their beneficiaries Executives and shall hold the assets of the Trust for the benefit of Bankthe Company's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of Plan participants or their beneficiaries Executives to pursue their rights as general creditors of Bank the Company with respect to benefits due under the Plan Contracts or otherwise. (4) The Trustee shall resume the payment of benefits to Plan participants or their beneficiaries Executives in accordance with Section 2 of this Trust Agreement only after the Trustee has determined that Bank the Company is not Insolvent (or is no longer Insolvent). (c) Provided that there are sufficient assets, if the Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b) hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Plan participants or their beneficiaries Executives under the terms of the Plan Contracts for the period of such discontinuance, less the aggregate amount of any payments made to Plan participants or their beneficiaries Executives by Bank the Company in lieu of the payments provided for hereunder during any such period of discontinuance.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK IS INSOLVENTWhen Company is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Bank Company is Insolvent. Bank Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Bank Company is unable to pay its debts as they become due, or (ii) Bank Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, or (iii) Bank is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation or the Resolution Trust Corporation. (b) At all times during the continuance of this Trust, as provided in Section 1(d) hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank Company under federal and state law as set forth below. (1) The Board of Directors and the Chief Executive Officer of Bank Company shall have the duty to inform Trustee in writing of BankCompany's Insolvency. If a person claiming to be a creditor of Bank Company alleges in writing to Trustee that Bank Company has become Insolvent, Trustee shall determine whether Bank Company is Insolvent and, pending such determination, Trustee shall discontinue payment of benefits to Plan participants or their beneficiaries. In making the determination whether Company is Insolvent, Trustee may employ an accounting firm (other than the auditors to the Company) and such other agents as are necessary or appropriate in making such determination. The fees and expenses of such agents shall be deemed to be fees and expenses for purposes of Section 9 of this Trust. The Insolvency of any subsidiary or affiliate of the Company will not in and of itself cause the Company or any other subsidiary or affiliate to be deemed Insolvent. (2) Unless Trustee has actual knowledge of BankCompany's Insolvency, or has received notice from Bank Company or a person claiming to be a creditor alleging that Bank Company is Insolvent, Trustee shall have no duty to inquire whether Bank Company is Insolvent. Trustee may in all events rely on such evidence concerning BankCompany's solvency as may be furnished to Trustee and that provides Trustee with a reasonable basis for making a determination concerning BankCompany's solvency. (3) If at any time Trustee has determined that Bank Company is Insolvent, Trustee shall discontinue payments to Plan participants or their beneficiaries and shall hold the assets of the Trust for the benefit of BankCompany's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of Plan participants or their beneficiaries to pursue their rights as general creditors of Bank Company with respect to benefits due under the Plan Plan(s) or otherwise. (4) Trustee shall resume the payment of benefits to Plan participants or their beneficiaries in accordance with Section 2 of this Trust Agreement only after Trustee has determined that Bank Company is not Insolvent (or is no longer Insolvent). (c) Provided that there are sufficient assets, if Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b) hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Plan participants or their beneficiaries under the terms of the Plan Plan(s) for the period of such discontinuance, plus interest from the date each such payment was due to the date actual payment is made (using an interest rate of eight percent (8%) per annum, compounded monthly), less the aggregate amount of any payments made to Plan participants or their beneficiaries by Bank Company in lieu of the payments provided for hereunder during any such period of discontinuance.

Trustee Responsibility Regarding Payments to Trust Beneficiary. WHEN BANK IS INSOLVENT.When Company Is Insolvent. ------------------------- (a) Trustee shall cease payment of benefits to a Plan participants Participant (and their beneficiaries his or her beneficiaries) if the Bank Company is Insolvent. Bank The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Bank the Company is unable to pay its debts as they become due, due or (ii) Bank the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, or (iii) Bank is determined to be insolvent by the Director of the Federal Deposit Insurance Corporation or the Resolution Trust Corporation. (b) At all times during the continuance of this Trust, as provided in Section 1(d1(e) hereof, the principal and income of the Trust shall be subject to claims of general creditors of Bank the Company under federal and state law as set forth below. (1i) The Board of Directors and the Chief Executive Officer of Bank the Company shall have the duty to inform Trustee in writing of Bankthe Company's Insolvency. If a person claiming to be a creditor of Bank the Company alleges in writing to Trustee that Bank the Company has become Insolvent, Trustee shall determine whether Bank the Company is Insolvent and, pending such determination, Trustee shall discontinue payment of benefits to Plan participants Participants (or their his or her beneficiaries). (2ii) Unless Trustee has actual knowledge of Bankthe Company's Insolvency, or has received notice from Bank the Company or a person claiming to be a creditor alleging that Bank the Company is Insolvent, Trustee shall have no duty to inquire whether Bank the Company is Insolvent. Trustee may in all events rely on such evidence concerning Bankthe Company's solvency as may be furnished to Trustee and that provides Trustee with a reasonable basis for making a determination concerning Bankthe Company's solvency. (3iii) If at any time Trustee has determined that Bank the Company is Insolvent, Trustee shall discontinue payments to Plan participants Participants (or their beneficiaries beneficiaries) and shall hold the assets of the Trust for the benefit of Bankthe Company's general creditors. Nothing in this Trust Agreement shall in any way diminish any rights of Plan participants Participants (or their beneficiaries beneficiaries) to pursue their rights as general creditors of Bank the Company with respect to benefits due under the Plan or otherwise. (4iv) Trustee shall resume the payment of benefits to Plan participants Participants (or their beneficiaries beneficiaries) in accordance with Section 2 of this Trust Agreement only after Trustee has determined that Bank the Company is not Insolvent (or is no longer Insolvent). (cd) Provided that there are sufficient assets, if Trustee discontinues the payment of benefits from the Trust pursuant to Section 3(b) hereof and subsequently resumes such payments, the first payment following such discontinuance shall include the aggregate amount of all payments due to Plan participants Participants (or their beneficiaries beneficiaries) under the terms of the Plan for the period of such discontinuance, less the aggregate amount of any payments made to Plan participants Participants (or their beneficiaries beneficiaries) by Bank the Company in lieu of the payments provided for hereunder during any such period of discontinuance.