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EXHIBIT 10.3(21)
FIRST AMENDMENT TO
MASTER DEFINED CONTRIBUTION TRUST AGREEMENT
by and between
A.H. BELO CORPORATION
and
MELLON BANK, N.A.
THIS FIRST AMENDMENT TO MASTER DEFINED CONTRIBUTION TRUST AGREEMENT is
made and entered into this 3rd day of March, 1995, effective March 3rd, 1995
(this "Amendment"), by and between A.H. BELO CORPORATION (hereinafter referred
to as the "Corporation") and MELLON BANK, N.A. (hereinafter referred to as the
"Master Trustee").
W I T N E S S E T H:
WHEREAS, the Corporation and the Master Trustee made and entered into
a Master Defined Contribution Trust Agreement (the "Agreement") on December 22,
1992, effective as of January 1, 1993; and
WHEREAS, the Corporation and the Master Trustee desire to amend the
Agreement in certain ways;
NOW, THEREFORE, the parties hereto, intending to be legally bound, do
hereby amend the Agreement as follows:
1. The representations and definitions set forth above are
incorporated herein by this reference thereto.
2. The following text shall be added as new Section 1.4:
"1.4 Notwithstanding anything else in this Agreement
to the contrary: (1) the Master Trustee is not a
party to, and has no duties or
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responsibilities under, the Plans; (2) the
Administrative Committee shall be required to certify
in writing to the Master Trustee the identity of any
fiduciary which is named in the Plans and which has
the power to manage and control Plan assets, and the
Master Trustee shall be entitled to rely upon such
certification until notified otherwise in writing by
the Administrative Committee; (3) in any and all
cases where the Master Trustee is required by this
Agreement to act with reference to Plan terms, the
Administrative Committee shall have the
responsibility to certify the relevant provisions to
the Master Trustee in writing, and the Master Trustee
shall be entitled to rely upon such certification
until notified otherwise in writing by the
Administrative Committee; (4) absent written
certification to the Master Trustee pursuant to this
paragraph, the Master Trustee shall be chargeable
with no knowledge of any Plan terms and shall be
deemed to be in compliance with the Plans; and (5) in
any case in which a provision of this Agreement
conflicts with any provision in the Plans, this
Agreement shall control. Notwithstanding the
preceding sentence, the Master Trustee reserves the
right to seek a judicial and/or administrative
determination as to its proper course of action under
this Agreement."
3. Section 22.1 shall be amended by substituting "Section 2.6"
for "Section 2.7".
4. Except as set forth herein, the Agreement is hereby ratified
and confirmed and remains in full force and effect.
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IN WITNESS WHEREOF, the parties hereto, each intending to be legally
bound hereby, have executed this First Amendment to Master Defined Contribution
Trust Agreement as of the day and year first above written.
A.H. BELO CORPORATION
By /s/ XXXXX X. XXXXXXXX
-----------------------------------
Name: Xxxxx X. Xxxxxxxx
Title: Vice President & Treasurer
MELLON BANK, N.A.
REVIEWED By /s/ XXXXXX X. XXXX
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[ILLEGIBLE] Name: Xxxxxx X. Xxxx
----------------- Title: Vice President
LEGAL DEPARTMENT
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