SECOND AMENDMENT TO TRUST AGREEMENT BETWEEN FIDELITY MANAGEMENT TRUST COMPANY AND SYBASE, INC.
Exhibit 10.26
THIS SECOND AMENDMENT, dated as of the eleventh day of February, 2005, except as otherwise
indicated below, by and between Fidelity Management Trust Company (the “Trustee”) and Sybase, Inc.
(the “Sponsor”);
WITNESSETH:
WHEREAS, the Trustee and the Sponsor heretofore entered into a Trust Agreement dated May 1,
2000, with regard to the Sybase, Inc. 401(k) Plan (the “Plan”); and
WHEREAS, the Trustee and the Sponsor now desire to amend said Trust Agreement as provided for
in Section 13 thereof;
NOW THEREFORE, in consideration of the above premises, the Trustee and the Sponsor hereby
amend the Trust Agreement by:
(1) Amending the “investment options” section of Schedules “A” and “C,” to
add the following:
| • | Fidelity Freedom Income Fund | ||
| • | Fidelity Freedom 2000 Fund | ||
| • | Fidelity Freedom 2005 Fund | ||
| • | Fidelity Freedom 2010 Fund | ||
| • | Fidelity Freedom 2015 Fund | ||
| • | Fidelity Freedom 2020 Fund | ||
| • | Fidelity Freedom 2025 Fund | ||
| • | Fidelity Freedom 2030 Fund | ||
| • | Fidelity Freedom 2035 Fund | ||
| • | Fidelity Freedom 2040 Fund |
(2) Amending and restating the “Non-Fidelity Mutual Funds” section of
Schedule “B,” as follows:
Non-Fidelity Mutual Funds:
|
Fees paid directly to Fidelity Investments Institutional Operations Company, Inc. (FIIOC) or its affiliates by Non-Fidelity Mutual Fund vendors shall be posted and updated quarterly on Plan Sponsor Webstation at xxxx://xxx.xxxxxxxx.xxx or a successor site. |
IN WITNESS WHEREOF, the Trustee and the Sponsor have caused this Second Amendment to be
executed by their duly authorized officers effective as of the day and year first above written.
| SYBASE, INC. | FIDELITY MANAGEMENT TRUST COMPANY | |||||
By:
|
/S/ Xxxxxx Xxxx | By: | /S/ signature illegible | |||
| Date | February 8, 2005 | FMTC Authorized Signatory Date 3/7/2005 | ||||
