Common use of TRUSTEE SUCCESSION Clause in Contracts

TRUSTEE SUCCESSION. The Trustee may resign at any time by written notice to the Committee, or the Committee may remove the Trustee by written notice to the Trustee. The resignation or removal shall be effective 60 days after the date of the Trustee's resignation or receipt of the notice of removal or at such earlier date as the Trustee and the Committee may agree. In case of the resignation or removal of the Trustee, the Committee shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Committee appointing the successor trustee and a written instrument executed by the successor trustee accepting the appointment, whereupon the Trustee shall deliver the assets of the Trust Fund to the successor trustee but may reserve such reasonable amount as the Trustee may deem necessary for outstanding and accrued charges against the Trust Fund. The successor trustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee shall be personally liable for any act or omission of any predecessor. Except as otherwise provided in ERISA, the receipt of the successor trustee and the approval of the Trustee's final account by the Committee in the manner provided in ARTICLE EIGHT shall constitute a full and complete discharge to the Trustee.

Appears in 2 contracts

Samples: Agreement (Dole Food Co Inc), Agreement (Dole Food Company Inc)

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TRUSTEE SUCCESSION. The Trustee may resign at any time by giving written notice to the Committee, Company. The Trustee may be removed by the Company at any time with or the Committee may remove the Trustee without cause by giving written notice to the Trustee. The resignation or removal shall be effective 60 sixty (60) days after the date of the Trustee's resignation or receipt of the notice of removal or at such earlier date as the Trustee and the Committee Company may agree. In case of the resignation or removal of the Trustee, the Committee Company shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Committee Company appointing the successor trustee and a written instrument executed by the successor trustee Trustee accepting the appointment, whereupon whereupon, the Trustee shall deliver the assets of the Trust Fund to the successor trustee Trustee but may reserve such reasonable amount as the Trustee may deem necessary for outstanding and accrued charges against the Trust Fund. The successor trusteeTrustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee Trustee shall be personally liable for any act or omission of any predecessor. Except as otherwise provided in ERISA, the receipt of the successor trustee Trustee and the approval of the Trustee's final account by the Committee in the manner provided in ARTICLE Article EIGHT shall constitute a full and complete discharge to the Trustee.. ARTICLE TEN

Appears in 2 contracts

Samples: American Brands Inc /De/, American Brands Inc /De/

TRUSTEE SUCCESSION. The Trustee may resign at any time by written notice to the Investment Committee, or the Investment Committee may remove the Trustee by written notice to the Trustee. The resignation or removal shall be effective 60 days after the date of the Trustee's resignation or receipt of the notice of removal or at such earlier date as the Trustee and the Investment Committee may agree. In case of the resignation or removal of the Trustee, the Investment Committee shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Investment Committee appointing the successor trustee and a written instrument executed by the successor trustee accepting the appointment, whereupon the Trustee shall deliver the assets of the Trust Fund to the successor trustee but may reserve such reasonable amount as the Trustee may deem necessary for outstanding and accrued charges against the Trust Fund. The successor trustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee shall shill be personally liable for any act or omission of any predecessor. Except as otherwise provided in ERISA, the receipt of the successor trustee and the approval of the Trustee's final account by the Investment Committee in the manner provided in ARTICLE EIGHT SEVEN shall constitute a full and complete discharge to the Trustee.

Appears in 1 contract

Samples: Plan Trust Agreement (Paine Webber Group Inc)

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TRUSTEE SUCCESSION. The Trustee may resign at any time by written notice to the Investment Committee, or the Investment Committee may remove the Trustee by written notice to the Trustee. The resignation or removal shall be effective 60 days after the date of the Trustee's resignation or receipt of the notice of removal removal, or at such earlier date as the Trustee and the Investment Committee may agree. In case of the resignation or removal of the Trustee, the Investment Committee shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Investment Committee appointing the successor trustee Trustee and a written instrument executed by the successor trustee accepting the appointment, whereupon the Trustee shall deliver the assets of the Trust Fund to the successor trustee but may reserve such reasonable amount as the Trustee may deem necessary for outstanding and accrued charges against the Trust Fund. The successor trustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee shall be personally liable for any act or omission of any predecessor. Except as otherwise provided in ERISA, the receipt of the successor trustee and the approval of the Trustee's final account by the Investment Committee in the manner provided in ARTICLE EIGHT shall constitute a full and complete discharge to the Trustee.

Appears in 1 contract

Samples: Agreement (Northern Trust Corp)

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