Common use of Accounting by Trustee Clause in Contracts

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty (60) days following the close of each calendar year and within ninety (90) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 days after the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hours.

Appears in 5 contracts

Samples: Trust Agreement (DNB Financial Corp /Pa/), Trust Agreement (DNB Financial Corp /Pa/), Trust Agreement (DNB Financial Corp /Pa/)

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Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be madedone. All such accounts, including books and records shall be open to inspection and audit at all reasonable times by Company, and each Beneficiary of a Trust Account shall have the right to inspect and audit all such specific accounts, books and records as shall be agreed upon in writing between the Company and the Trusteeto such Trust Account. Within After a Control Change Date, within sixty (60) days following the close of each calendar year and within ninety (90) sixty days after the removal or resignation of the Trustee, the Trustee shall deliver to Company and to each of the Company Beneficiaries a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, If no objection is made to the accounting by Company or a Beneficiary within 120 ninety days after mailing or delivery thereof, Company and the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement Beneficiaries shall be deemed conclusively presumed to have been approved, and approved all matters reflected in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hoursaccounting.

Appears in 4 contracts

Samples: Trust Agreement (DST Systems Inc), Trust Agreement (DST Systems Inc), Trust Agreement (DST Systems Inc)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be madetransactions, including such specific records as shall be agreed upon in writing between the Company or the Committee and the Trustee. All such accounts, books and records shall be open to inspection and audit at all reasonable times by the Company, its officers and the Committee. Within sixty (60) days following the close of each calendar year and within ninety (90) days after year, the removal or resignation of the TrusteeTrustee or the termination of this Trust, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal removal, resignation or resignationtermination, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal removal, resignation or resignationtermination, as the case may be. If, within 120 days after Upon written request a Trust Beneficiary may examine the Trustee mails to Trustee’s records and accounts regarding the Company a statement with respect to number of shares of Stock held in the Trust, Trust and the Company has not given dividends paid on such shares during the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent current year; provided that no Trust Beneficiary shall have the any right at its own expense and with prior written notice to the Trustee see such records or accounts as they relate to inspect the Trustee's books and records directly relating to individual interests in the Trust Fund during normal business hoursother than his own.

Appears in 4 contracts

Samples: Trust Agreement (Morgan Stanley), Trust Agreement (Morgan Stanley), Trust Agreement (Morgan Stanley)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty (60) days following the close of each calendar year and within ninety (90) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 days after the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's ’s books and records directly relating to the Trust Fund during normal business hours.

Appears in 2 contracts

Samples: Rabbi Trust Agreement (Levi Strauss & Co), Rabbi Trust Agreement (Levi Strauss & Co)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty (60) 90 days following the close of each calendar year and within ninety (90) 30 days after the removal or resignation of the Trustee, the Trustee shall deliver to Company (to the Company attention of the Company’s Vice President, Treasurer) a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. IfUpon the expiration of 60 days from the date of delivering such written account, within 120 days after the Trustee mails shall be forever released and discharged from all liability and accountability to the Company or any other person upon whom the Trustee has served a statement copy of the account with respect to the Trustaccuracy of such accounting and the propriety of all acts (and failures to act) and transactions of the Trustee reflected in such account for which it shall be responsible hereunder, except those as to which the Company or such other person has not given filed specific written objections with the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in within such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hours60-day period.

Appears in 2 contracts

Samples: Trust Agreement for Specified Plans (Barnes Group Inc), Trust Agreement for Specified Plans (Barnes Group Inc)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including which are outlined in periodic statements rendered by the Trustee. The purpose and intention of the Company is that the rendering of such specific records as statements by the Trustee shall be agreed deemed an account stated and is binding upon in writing between the Company and its successors. Each such statement shall be considered as having been approved and accepted by the Company, unless the Company shall give written notice to the Trustee of any objection thereto, within sixty (60) days of the mailing of each statement by the Trustee. Within sixty (60) days following the close of each calendar year and within ninety sixty (9060) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 days after the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hours.

Appears in 2 contracts

Samples: Adoption Agreement (Washington Trust Bancorp Inc), Trust Agreement (Ligand Pharmaceuticals Inc)

Accounting by Trustee. (a) The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty (60) 90 days following the close of each calendar year quarter, or at such other additional times as may be reasonably requested by the Company, and within ninety (90) 90 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 days after If the Company fails to file with the Trustee mails written objection to the Company a statement with respect to the Trustany such account within ninety (90) days of its receipt, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, approved the account; and in such case, or upon the written approval of the Company, the Trustee shall not be liable for any released, relieved and discharged with respect to all matters set forth in such statements. The Company or its agent shall have account as though the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hourssame had been judicially settled.

Appears in 1 contract

Samples: Trust Agreement (Novastar Financial Inc)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty (60) 90 days following the close of each calendar year and within ninety (90) 90 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected affected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 ninety (90) days after the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hours.

Appears in 1 contract

Samples: Rabbi Trust Agreement (Oil States International Inc)

Accounting by Trustee. (a) The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be madedone, including such specific records as shall be agreed upon in writing between the Company and the Trustee. All such accounts, books and records shall be open to inspection and audit at all reasonable times by the Company, the Company’s representatives or agents. Within sixty one hundred and twenty (60120) days following the close of each calendar year quarter and within ninety one hundred and twenty (90120) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year quarter or during the period from the close of the last preceding year quarter to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions actions effected by it, including a description of all securities and investments purchased and sold sold, with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year quarter or as of the date of such removal or resignation, as the case may be. If, The written approval of any accounting by the Company shall be final as to all matters and transactions stated or shown therein and binding upon the Company and all persons who then shall be or then after shall become interested in this Trust. Failure of the Company to notify the trustee within 120 180 days after the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice receipt of any exception or objection thereto, the statement accounting of its disapproval of such accounting shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior equivalent of written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hoursapproval.

Appears in 1 contract

Samples: Plan and Trust Agreement (Coherent Inc)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty forty-five (6045) days following the close of each calendar year and within ninety forty-five (9045) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. IfIn addition, as of the end of each calendar month (referred to in this Trust as a “valuation date”), within 120 ten (10) days after the each such month-end, Trustee mails shall deliver to the Company a statement with respect to written account setting forth the value of the Trust’s assets, the Company has not given the Trustee written notice of any exception or objection thereto, the statement together with such other information as shall be deemed to have been approved, agreed upon between Company and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hours.

Appears in 1 contract

Samples: Agreement (At&t Inc.)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between among the Company Company, Executive and the Trustee. Within sixty (60) 15 days following the close of each calendar year month and within ninety (90) 15 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company and Executive a written account of its administration of the Trust during such year month or during the period from the close of the last preceding year month to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected affected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year month or as of the date of such removal or resignation, as the case may be. If, within 120 ninety (90) days after the Trustee mails to receipt by the Company and Executive of a statement with respect to the Trust, the Company or Executive has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hours.

Appears in 1 contract

Samples: Employment Agreement (LTV Corp)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty (60) days following the close of each calendar year year, or such other date or dates specified by the Company and within ninety sixty (9060) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or of net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 days after It is recognized that in the operation and administration of the Trust certain mathematical or accounting errors may be made or mistakes may arise by reason of errors in information supplied to Trustee. Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at power to cause such equitable adjustments to be made to correct such errors as Trustee in its own expense discretion considers appropriate. Such adjustments shall be final and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hoursbinding on all persons.

Appears in 1 contract

Samples: Trust Agreement (Graco Inc)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be madedone, including such specific records as shall be agreed upon in writing between the Company Corporation and the Trustee. All such accounts, books, and records shall be open to inspection and audit at all reasonable times by the Corporation and the Beneficiary or Successor. Within sixty (60) 60 days following the close of each calendar fiscal year of the Corporation and within ninety (90) 60 days after the resignation or removal or resignation of the Trustee, the Trustee shall deliver to the Company Corporation a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal resignation or resignationremoval, setting forth all investments, receipts, disbursements disbursements, and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), ) and showing all cash, securities securities, and other property held in the Trust at the end of such year or as of the date of such removal resignation or resignationremoval, as the case may be. If, within 120 days after In the absence of the filing in writing with the Trustee mails by the Corporation of exceptions or objections to the Company a statement with respect to the Trustany such account within 60 days, the Company has not given the Trustee written notice of any exception or objection thereto, the statement Corporation shall be deemed to have been approvedapproved such account, and in such case, or upon the written approval by the Corporation of any such account, the Trustee shall not be liable for any released, relieved and discharged with respect to all matters and things set forth in such statements. The Company or its agent shall have account as though such account had been settled by the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hoursdecree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Trust Agreement (Argo Tech Corp)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty ninety (6090) days following the close of each calendar year and within ninety (90) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected affected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 ninety (90) days after the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters reflected in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hoursstatement.

Appears in 1 contract

Samples: Rabbi Trust Agreement (McDermott International Inc)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be madedone, including such specific records as shall be agreed upon in writing between the Company Administrator and the Trustee. All such accounts, books and records shall be open to inspection and audit at all reasonable times by the Administrator, the Administrator's representatives or agents. Within sixty one hundred and twenty (60120) days following the close of each calendar year quarter and within ninety one hundred and twenty (90120) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company Administrator a written account of its administration of the Trust Trusts during such year quarter or during the period from the close of the last preceding year quarter to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions actions effected by it, including a description of all securities and investments purchased and sold sold, with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust Trusts at the end of such year quarter or as of the date of such removal or resignation, as the case may be. If, The written approval of any accounting by the Administrator shall be final as to all matters and transactions stated or shown therein and binding upon the Administrator and all persons who then shall be or then after shall become interested in the Trusts. Failure of the Administrator to notify the Trustee within 120 180 days after the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice receipt of any exception or objection thereto, the statement accounting of its disapproval of such accounting shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statementsequivalent of written approval. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hours.157

Appears in 1 contract

Samples: Plan and Trust Agreement (Trimble Navigation LTD /Ca/)

Accounting by Trustee. The (a) Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such PEGASUS SOLUTIONS, INC. DEFERRED COMPENSATION TRUST specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty (60) days following the close of each calendar year and within ninety sixty (9060) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases purchase or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 days after the Trustee mails to Unless the Company a statement files with respect to the Trust, the Company has not given the Trustee written notice of any exception objections within sixty (60) days after such accounting has been mailed or objection theretootherwise delivered, the statement accounting shall be deemed to have been be approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hours.

Appears in 1 contract

Samples: Pegasus Solutions Inc

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Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be madetransactions, including such specific records as shall be agreed upon in writing between the Company or the Committee and the Trustee. All such accounts, books and records shall be open to inspection and audit at all reasonable times by the Company, its officers and the Committee. Within sixty (60) days following the close of each calendar year and within ninety (90) days after year, the removal or resignation of the TrusteeTrustee or the termination of this Trust, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal removal, resignation or resignationtermination, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal removal, resignation or resignationtermination, as the case may be. If, within 120 days after the Trustee mails to the Company Upon written request a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect Trust Beneficiary may examine the Trustee's books records and records directly relating to accounts regarding the number of shares of Stock held in the Trust Fund and the dividends paid on such shares during normal business hoursthe current year; provided that no Trust Beneficiary shall have any right to see such records or accounts as they relate to individual interests in the Trust other than his own.

Appears in 1 contract

Samples: Trust Agreement (Affiliate STKHLDRS of Morgan Stanley Dean Witter Discover&co)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, disbursements and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty ninety (6090) days following the close of each calendar year year, and within ninety (90) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its his administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by ithim, including a description of all securities the fees and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately)expenses paid, and showing all cash, securities cash and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, Unless the Company shall have filed with the Trustee written exceptions or objections to any accounting under Section 8.1 within 120 days after the Trustee mails to the Company a statement with respect to the Trustreceipt thereof, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, approved such accounting; and in such casecase or upon the written approval by the Company of any such accounting, the Trustee shall not be liable for any forever released and discharged with respect to all matters and things contained in such statements. The accounting as though it had been settled by decree of a court of competent jurisdiction in an action or proceeding to which the Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to all persons having any beneficial interest in the Trust Fund during normal business hourswere parties.

Appears in 1 contract

Samples: Employment Agreement (Ur-Energy Inc)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty thirty (6030) days following the close of each calendar year and within ninety thirty (9030) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. IfIn the absence of the filing in writing with Trustee by Company of exceptions or objections to any such written account within sixty (60) days, within 120 days after the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and approved such account; in such case, or upon the written approval by the Company of any such account, Trustee shall not be liable for any released, relieved and discharged with respect to all matters and things written in such statements. The Company or its agent shall have account as though such account had been settled by the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hoursdecree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Plan Split Dollar Agreement (Schering Plough Corp)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions pertaining to Trust assets required to be made, including such specific records as shall be agreed upon in writing between the Company Corporation (acting through the MD&C Committee) and the Trustee. Within sixty (60) 60 days following the close of each calendar year and within ninety (90) 60 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company Corporation a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions pertaining to Trust Assets effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. IfIn the event Trustee delegates the obligations of this section to an employee of the Corporation, within 120 days after the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement such obligations shall be deemed to have been approved, and in such case, the be fulfilled by Trustee. Trustee shall not timely file, or cause to be liable for filed, any matters in such statements. The Company or its agent shall have and all federal and state tax returns required to be filed on behalf of the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hoursTrust.

Appears in 1 contract

Samples: Trust Agreement (Titanium Metals Corp)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Trustee shall not be 4 responsible for keeping participant-level records within the Trust. Within sixty (60) 90 days following the close of each calendar year and within ninety (90) 90 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 days after the Trustee mails to the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the The Trustee shall not be liable for any matters errors in such statements. The written account unless the Company or its agent shall have the right at its own expense and with prior written notice makes known to the Trustee to inspect in writing, within the Trustee's books and records directly relating to 60-day period beginning on the Trust Fund during normal business hoursdate the written account was received by the Company, of the existence of such errors.

Appears in 1 contract

Samples: Trust Agreement (Plantronics Inc /Ca/)

Accounting by Trustee. 8.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions made or required to be made, including such specific records as shall be agreed upon in writing between the Company Corporation and the Trustee. Within sixty (60) 30 days following the close of each calendar year and within ninety (90) 30 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company Corporation a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 Upon the expiration of 90 days after following the Trustee mails to filing of each written account with the Company a statement with respect to the Trust, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such caseCorporation, the Trustee shall not be liable for forever released and discharged from all liability and further accountability to the Corporation and any matters other person with respect to accuracy of such account and the propriety of all acts or failures to act reflected in such statementsaccount. The Company or its agent foregoing sentence shall have not apply if within the right at its own expense and with prior 90-day period, a written notice objection to the filing is sent to the Trustee to inspect by the Trustee's books and records directly relating Corporation; provided that such sentence shall apply if the written objection is resolved by the Trustee to the Trust Fund during normal business hoursCorporation's satisfaction.

Appears in 1 contract

Samples: Agreement (International Flavors & Fragrances Inc)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, made including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty ninety (6090) days following the close of each calendar year and within ninety (90) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, resignation as the case may be. If, within 120 days after the The Trustee mails may satisfy its obligation under this Section 8 by rendering to the Company monthly statements setting forth the information required by this Section separately for the month covered by the statement. Upon a statement with respect change of control, all written accounts or statements provided to the Trust, Company shall also be provided to the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, and in such case, the Trustee shall not be liable for any matters in such statements. The Company or its agent shall have the right Benefit Determiner at its own expense and with prior written notice an address provided to the Trustee to inspect by the Trustee's books and records directly relating to the Trust Fund during normal business hoursBenefit Determiner.

Appears in 1 contract

Samples: Trust Agreement (Barringer Technologies Inc)

Accounting by Trustee. The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company MLP and the Trustee. Within sixty (60) days following the close of each calendar year and within ninety sixty (9060) days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company MLP a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, If objections to specific items in such account are filed with the Trustee within 120 one hundred eighty (180) days after the Trustee mails to the Company a statement with respect to the Trust, the Company account has not given been furnished and the Trustee written notice of any exception or objection thereto, the statement shall believes such objections to be deemed to have been approved, and in such casevalid, the Trustee shall not be liable for any matters may adjust the account in such statementsmanner as it deems equitable under the circumstances. The Company or its agent shall have the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hours.If:

Appears in 1 contract

Samples: Suburban Propane Partners Lp

Accounting by Trustee. 7.1 The Trustee shall keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions required to be made, including such specific records as shall be agreed upon in writing between the Company and the Trustee. Within sixty (60) 90 days following the close of each calendar year and within ninety (90) 30 days after the removal or resignation of the Trustee, the Trustee shall deliver to the Company a written account of its administration of the Trust during such year or during the period from the close of the last preceding year to the date of such removal or resignation, setting forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and all investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), and showing all cash, securities and other property held in the Trust at the end of such year or as of the date of such removal or resignation, as the case may be. If, within 120 days after In the absence of the filing in writing with the Trustee mails to by the Company a statement with respect of exceptions or objections to the Trustany such account within 90 days, the Company has not given the Trustee written notice of any exception or objection thereto, the statement shall be deemed to have been approved, approved such account; and in such case, or upon the written approval by the Company of any such account, the Trustee shall not be liable for any released, relieved and discharged with respect to all matters and things set forth in such statements. The Company or its agent shall have account as through such account had been settled by the right at its own expense and with prior written notice to the Trustee to inspect the Trustee's books and records directly relating to the Trust Fund during normal business hoursdecree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Trust Agreement (Maf Bancorp Inc)

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