TWENTY-SECOND AMENDMENT TO TRUST AGREEMENT BETWEEN FIDELITY MANAGEMENT TRUST COMPANY AND DTE ENERGY COMPANY
Exhibit 99-50
TWENTY-SECOND AMENDMENT TO TRUST AGREEMENT BETWEEN
FIDELITY MANAGEMENT TRUST COMPANY AND
DTE ENERGY COMPANY
FIDELITY MANAGEMENT TRUST COMPANY AND
DTE ENERGY COMPANY
THIS TWENTY-SECOND AMENDMENT, dated as of the first day of April, 2009, and effective on such
date except as otherwise set forth herein, by and between Fidelity Management Trust Company (the
“Trustee”) and DTE Energy Company (the “Sponsor”);
WITNESSETH:
WHEREAS, the Trustee and Sponsor heretofore entered into a Master Trust Agreement dated June
30, 1994, as amended (the “Trust Agreement”), with regard to DTE Energy Company Savings and Stock
Ownership Plan, The Detroit Edison Savings & Investment Plan for Employees Represented by Local 17
of the International Brotherhood of Electrical Workers, The Detroit Edison Savings & Investment
Plan for Employees Represented by Local 223 of the Utility Workers Union of America, and the
MichCon Investment and Stock Ownership Plan (collectively and individually, the “Plan”); and
WHEREAS, the Trustee and the Sponsor now desire to amend said Trust Agreement as provided for
in Section 14 thereof;
NOW THEREFORE, in consideration of the above premises, the Trustee and the Sponsor hereby
amend the Trust Agreement by:
| (1) | Amending subsection (iii), Purchases and Sales of Sponsor Stock for Batch Activity, of Section 5(e), Sponsor Stock, to add the following new clause (B): |
(B) Purchases and Sales from or to Sponsor. If directed by the Sponsor in
writing prior to the trading date, the Trustee may purchase or sell Sponsor Stock from or to
the Sponsor if the purchase or sale is for adequate consideration (within the meaning of
section 3(18) of ERISA) and no commission is charged. If Sponsor contributions (employer)
or contributions made by the Sponsor on behalf of the Participants (employee) under the Plan
are to be invested in Sponsor Stock, the Sponsor may transfer Sponsor Stock in lieu of cash
to the Trust.
IN WITNESS WHEREOF, the Trustee and the Sponsor have caused this Twenty-Second Amendment to be
executed by their duly authorized officers effective as of the day and year first above written.
| DTE ENERGY COMPANY | FIDELITY MANAGEMENT TRUST COMPANY |
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By:
|
/s/ Xxxxxxxxx X. Xxxxxxx | 3/9/09 | By: | /s/ Xxxxxxxxx Nick | 5/20/09 | |||||||
| Authorized Signatory | Date | FMTC Authorized Signatory | Date | |||||||||
| DTE Energy Company Q Master Trsust—22 nd Amendment |
Confidential Information |
