Principal and Income. The trustee may allocate items of income or expenditure to either income or principal and create reserves out of income all as pro- vided by law, and to the extent not so provided, to allocate to income or principal or create reserves, on a reasonable basis, and the fiduciary’s decision made in good faith with respect thereto shall be binding and conclusive upon all persons.
Principal and Income. All questions relating to the ascertainment of income and principal and the allocation of receipts and disbursements between income and principal shall be resolved by the Trustee in accordance with the terms of the Act.
Principal and Income. Except as otherwise specifically provided in this Escrow Agreement, the determination of all matters with respect to what is principal or income of the Escrow Fund and the apportionment and allocation of receipts and disbursements between these accounts (if any), shall be governed by the provisions of the California Revised Uniform Principal and Income Act from time to time existing. Any such matter not provided for herein or in the California Revised Uniform Principal and Income Act shall be determined by the Escrow Agent in the Escrow Agent's discretion.
Principal and Income. 15.1. In the case of bonds, notes, or other evidence of indebtedness taken or purchased at a premium, the Trustees shall not be required to set aside any part of the income therefrom as a sinking fund to retire or absorb such premium.
Principal and Income. The Trustee shall manage and administer the Trust Fund without distinction between principal and income.
Principal and Income. Any income earned on the trust fund which is not distributed as provided in Article II shall be accumulated and from time to time added to the principal of the trust. The grantor's interest in the trust shall include all assets or other property held by the trustee hereunder, including principal and accumulated income.
Principal and Income. Unless otherwise specifically provided herein, the Trustee shall have absolute discretion in determining what is principal or income and what shall be charged or credited to either, and the judgement of the Trustee shall bind everyone beneficially interested hereunder; provided, however, that oil and gas royalties, bonuses, production payments or other proceeds from the development or production of wasting assets held in trust shall constitute income rather than principal. The Trustee shall not be required to establish a reserve for depreciation or to make charges against income therefrom, but may do so if the Trustee in the Trustee's discretion so determines, such reserve and charges to be established on such assumptions and in such amounts as the Trustee shall determine appropriate. No inference of imprudence or partiality shall arise from the fact that the Trustee, in exercising the discretions conferred on the Trustee by this Paragraph G, shall have allocated a receipt or expenditure in a manner contrary to any provision of the California Revised Uniform Principal and Income Act. Except insofar as the Trustee shall exercise the discretion conferred on the Trustee by this Paragraph G and except as otherwise provided herein, matters relating to the allocation of principal and income shall be governed by the provisions of the California Revised Uniform Principal and Income Act, as such may from time to time exist.
Principal and Income. FBTS shall receive, hold, manage, invest and reinvest the money or other property that constitutes the Trust Fund, without distinction between principal and income. 3d. Accounting/Reporting: FBTS shall report to the Company as of the last day of each Plan year, as of any other accounting date defined in the Plan or the Trust Agreement (or as soon thereafter as practicable), or at such other times as may be required under the Plan or the Trust Agreement or reasonably required by the Company, the fair market value of all property held in the NQSRP Trust, reduced by any liabilities of the NQSRP Trust, as determined by FBTS. FBTS shall furnish to the Company an annual written account, or other periods as may be required under the NQSRP Trust, showing all investments, receipts, disbursements and other transactions made by FBTS during the period, and such other information as FBTS may possess which the Company reasonably requires. FBTS shall keep accurate accounts of investments, earnings thereon and accounts, books and records related to such investments and such accounting shall be open to inspection by the Company. The foregoing is in addition to, and not in lieu of, the recordkeeping and reporting obligations set forth in Section 9 of the Trust Agreement.
Principal and Income. To allocate receipts and disbursements ------------------------------ between principal and income in their discretion;
Principal and Income. Except as otherwise provided herein, all contributions received pursuant to Section 3.1.1, above, together with the income therefrom and any increment thereon, shall be held, managed and administered by Trustee as a Participating Company Trust pursuant to the terms of this Trust Agreement without distinction between principal and income.
