Amendment of Trust. The Certificate of Trust of the Trust is hereby amended by changing the name and business address of the trustee of the Trust with a principal place of business in the State of Delaware to: BNY Mellon Trust of Delaware, Xxxxx Xxxx Xxxxxx, Route 273, Newark, Delaware 19711.
Amendment of Trust. All contributions made by the Company or any Subsidiary shall be irrevocable unless the benefits payable hereunder have been otherwise paid to the Participants by the Company or a Subsidiary; provided that, the Company may amend, in whole or in part, any or all of the provisions of this Trust Agreement, provided that no such amendment may affect the rights, protections, duties or responsibilities of the Trustee without his consent and, provided further, that no such amendment may (a) permit any part of the corpus or income of the Trust to be returned or diverted to the Company or (b) diminish, reduce, alter, or impair any Participant’s Share Award Account without such Participant’s consent.
Amendment of Trust. 11.1 Other than during a Potential Change in Control Period and upon a Change in Control, this Agreement may be amended, in whole or in part, at any time and from time to time, by the Company's Corporate Vice President - Investment Management, with the consent of the Trustee, which consent shall not be withheld unreasonably, pursuant to a written instrument executed by the Company's Corporate Vice President - Investment Management and the Trustee. Notwithstanding the foregoing, prior to a termination of the Trust as and to the extent currently provided for under Article X hereof and subject to the current provisions of Article III hereof, no amendment of this Agreement may be made (either prior to or following a Change in Control) which would have the effect of (i) eliminating or reducing the Company's obligation to make contributions to the Trust Fund in the event of a Potential Change in Control and a Change in Control as set forth under Article II hereof, (ii) except to the extent currently permitted under this Agreement, permitting the use of the assets of the Trust Fund for any purpose other than providing benefits to Participants and Beneficiaries and defraying the reasonable expenses of the Trust as currently contemplated hereunder, or (iii) changing the current definitions of Potential Change in Control, Potential Change in Control Period and Change in Control or altering the current provisions of this Article XI, in each case in a manner which is adverse to the interests of the Participants and Beneficiaries; unless, in each such instance, any such amendment is approved in writing by at least sixty-five percent (65%) of the Participants and Beneficiaries entitled to benefits payable (at that time or in the future) from the Trust Fund. During a Potential Change in Control Period and upon a Change in Control, this Agreement may be amended only by the Trustee with the written agreement of at least sixty-five percent (65%) of the Participants and Beneficiaries (existing at the commencement of a Potential Change in Control Period or on the date of a Change in Control, whichever is applicable) entitled to benefits payable (at that time or in the future) from the Trust Fund. For purposes of the preceding sentences, a Beneficiary shall be considered in calculating the sixty-five percent (65%) requirement only after the death of the corresponding Participant. The Trustee shall tabulate all votes under this Section 11.1 and, upon completion of such tabulati...
Amendment of Trust. Effective January 1, 2003, Section 9.1 of the Agreement is amended to read in full as follows:
Amendment of Trust. 25 Section 28.
Amendment of Trust. This Trust Agreement may be amended by an instrument executed by the Company and the Trustee, and the provisions of any such amendment may be made applicable to the Trust Fund as constituted at the time of the amendment as well as to any part of the Trust Fund subsequently acquired. Any amendment shall, unless otherwise provided therein, become effective upon execution by the Company and the Trustee. However, no amendment shall alter the duties, liabilities, or compensation of the Trustee without its consent. Nor shall any amendment cause any part of the Trust Fund to revert to or be recoverable by the Company or to be used for or diverted to purposes other than the exclusive benefit of Participants and their Beneficiaries, except to the extent permitted by law and the Plan, or to reduce the then-accrued benefits or the amounts then held for the benefit of any Participant or Beneficiary of the Plan. An amendment to this Trust Agreement that is mutually agreed to hereunder by the Company and the Trustee shall be binding upon all Employers as of the effective date of such amendment.
Amendment of Trust. All contributions made by the Company or any Subsidiary shall be irrevocable unless either the benefits payable hereunder have been otherwise paid to the Participants by the Company or a Subsidiary or unless a Participant, who is a non-U.S. taxpayer, has waived all or part of such Participant’s Share Award Account, in which case all or part of such Share Award Account shall revert to the Company; provided that, the Company may amend, in whole or in part, any or all of the provisions of this Trust Agreement, provided that no such amendment may affect the rights, protections, duties or responsibilities of the Trustee without his consent and, provided further, that no such amendment may (a) permit any part of the corpus or income of the Trust to be returned or diverted to the Company or (b) diminish, reduce, alter, or impair any Participant’s Share Award Account without such Participant’s consent.
Amendment of Trust. This Declaration of Trust shall be irrevocable, except that it may be amended from time to time as to conform to Article 3 to effectuate the terms of this instrument. In addition, the Trustee may amend this instrument by a vote of 3/5 (three-fifths) of the Trustees, and such amendment shall become effective immediately upon approval of the requisite number of Trustees without action or approval of any court having jurisdiction over the Trust as follows: 1. So that it conforms with any rules or regulations that are approved by any governing body or agency relating to 42 U.S.C. §1396p or related statutes, including state statutes and regulations that are consistent with the provisions and purposes of the Revenue Reconciliation Act of 1993; 2. To amend any or all of the trustee provisions set out in Article 8 and Article 3. To enable the trust to obtain tax exempt status. Before any amendment may take effect, the State of Maine Medicaid Program (MaineCare) must be notified by Trustees 30 days before the effective date of the amendment.
Amendment of Trust. All contributions made by ASCI, the Company or any Subsidiary shall be irrevocable unless the benefits payable hereunder have been otherwise paid to the Participants by ASCI, the Company or a Subsidiary; provided that, the Company or ASCI may amend, in whole or in part, any or all of the provisions of this Trust Agreement, provided that no such amendment may affect the rights, protections, duties or responsibilities of the Trustee without his consent and, provided further, that no such amendment may (a) permit any part of the corpus or income of the Trust to be returned or diverted to the Company or ASCI or (b) diminish, reduce, alter, or impair any Participant's Share Award Account without such Participant's consent.
Amendment of Trust. The provisions of the Trust may be amended at ------------------ any time and from time to time by the Employer, provided that, no such amendment may be made which is prohibited under the Agreements or which increases the duties or the obligations of the Trustee without its consent.
