Common use of Distributions From Trust Fund Clause in Contracts

Distributions From Trust Fund. (a) Except as set forth in Section 3.6(c), Section 3.6(d), Section 9.2 and Article X hereof, distributions from the Trust Fund shall be made by the Trustee to the Participants and Beneficiaries at the times and in the amounts set forth in the Plans and, to the maximum extent permitted by applicable law, the Trustee shall be fully protected in so doing. Any amounts so paid shall be reduced by the amount of any federal, state, or local income or other taxes that may be required by law to be withheld or paid by the Trustee and the Trustee shall pay such amounts to the appropriate governmental authorities; provided, however, that the Employer, the Administrator, the Participants, and the Beneficiaries shall provide the Trustee with all of the information necessary for the Trustee to determine the amount of such taxes required to be withheld or paid by the Trustee and the Trustee shall be fully protected in relying upon such information. Notwithstanding any provision of this Trust Agreement to the contrary, the Employer shall be obligated to pay the Benefits. To the extent that the Trust Fund is not sufficient to pay any Benefit when due, the Employer shall pay such Benefit directly. In the event Benefits are due to more than one Participant or Beneficiary on the same date and the Trust Fund is not sufficient to pay all such Benefits, the Trust Fund shall be applied pro rata among such Participants and Beneficiaries on the basis of the Benefits due to be paid such individuals on such date. Nothing in this Trust Agreement shall relieve the Employer of its liabilities to pay Benefits except to the extent such liabilities are met by application of Trust Fund assets.

Appears in 1 contract

Samples: Compensation Trust Agreement (Cooper Cameron Corp)

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Distributions From Trust Fund. (a) Except as set forth in Section 3.6(c), Section 3.6(d), Section 9.2 and Article X hereof, distributions from the Trust Fund shall be made by the Trustee to the Participants Members and Beneficiaries at the times and in the amounts set forth in the Plans Plan and, to the maximum extent permitted by applicable law, the Trustee shall be fully protected in so doing. Any amounts so paid shall be reduced by the amount of any federal, state, or local income or other taxes that may be required by law to be withheld or paid by the Trustee and the Trustee shall withhold, pay and report such amounts to the appropriate governmental authorities; provided, howeverthat the Company shall withhold, pay and report any FICA, or FUTA or other applicable taxes; and, provided, further, that the EmployerCompany, the Plan Administrator, the ParticipantsMembers, and the Beneficiaries shall provide the Trustee with all of the information necessary for the Trustee to determine the amount of such taxes required to be withheld or paid by the Trustee and the Trustee shall be fully protected in relying upon such information. Notwithstanding any provision of this Trust Agreement to the contrary, the Employer Company shall be obligated to pay the Benefits. To the extent that the Trust Fund is not sufficient to pay any Benefit when due, the Employer Company shall pay such Benefit directly. In the event Benefits are due to more than one Participant Member or Beneficiary on the same date and the Trust Fund is not sufficient to pay all such Benefits, the Trust Fund shall be applied pro rata among such Participants Members and Beneficiaries on the basis of the Benefits due to be paid such individuals on such date, as determined by the Plan Administrator or its delegates. Nothing in this Trust Agreement shall relieve the Employer Company of its liabilities to pay Benefits except to the extent such liabilities are met by application of Trust Fund assets.

Appears in 1 contract

Samples: Plan Trust Agreement (Allwaste Inc)

Distributions From Trust Fund. (a) Except as set forth in Section 3.6(c), Section 3.6(d), Section 9.2 and Article X hereof, distributions from the Trust Fund shall be made by the Trustee to the Participants Members and Beneficiaries at the times and in the amounts set forth determined in accordance with the Plans provisions of the Plan and, to the maximum extent permitted by applicable law, the Trustee shall be fully protected in so doing. Any amounts so paid shall be reduced by the amount of any federal, state, or local income or other taxes that may be required by law to be withheld or paid by the Trustee and or the Company. To the extent required by applicable law, the Trustee shall pay withhold, pay, and report such amounts to the appropriate governmental authorities; provided, however, that . To the Employerextent the withholding and reporting obligations belong to the Company and not to the Trustee, the AdministratorTrustee shall pay to the Company the appropriate withholding amount. The Company, the ParticipantsCommittee, the Members, and the Beneficiaries shall provide the Trustee with all of the information necessary for the Trustee to determine the amount of such taxes required to be withheld or paid by the Trustee or the Company, and the Trustee shall be fully protected in relying upon such information. Notwithstanding any provision of this Trust Agreement to the contrary, the Employer Company shall be obligated to pay the Benefits. To the extent that the Trust Fund is not sufficient to pay any Benefit when due, the Employer Company shall pay such Benefit directly. In the event Benefits are due to more than one Participant Member or Beneficiary on the same date and the Trust Fund is not sufficient to pay all such Benefits, the Trust Fund shall be applied pro rata among such Participants Members and Beneficiaries on the basis of the Benefits due to be paid such individuals on such date. Nothing in this Trust Agreement shall relieve the Employer Company of its liabilities to pay Benefits except to the extent such liabilities are met by application of Trust Fund assets.

Appears in 1 contract

Samples: Plan Trust Agreement (Continental Airlines Inc /De/)

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Distributions From Trust Fund. (a) Except as set forth in Section 3.6(c), Section 3.6(d), Section 9.2 and Article X ArticleX hereof, distributions from the Trust Fund shall be made by the Trustee to the Participants Members and Beneficiaries at the times and in the amounts set forth determined in accordance with the Plans provisions of the Plan and, to the maximum extent permitted by applicable law, the Trustee shall be fully protected in so doing. Any amounts so paid shall be reduced by the amount of any federal, state, or local income or other taxes that may be required by law to be withheld or paid by the Trustee and or the Company. To the extent required by applicable law, the Trustee shall pay withhold, pay, and report such amounts to the appropriate governmental authorities; provided, however, that . To the Employerextent the withholding and reporting obligations belong to the Company and not to the Trustee, the AdministratorTrustee shall pay to the Company the appropriate withholding amount. The Company, the ParticipantsCommittee, the Members, and the Beneficiaries shall provide the Trustee with all of the information necessary for the Trustee to determine the amount of such taxes required to be withheld or paid by the Trustee or the Company, and the Trustee shall be fully protected in relying upon such information. Notwithstanding any provision of this Trust Agreement to the contrary, the Employer Company shall be obligated to pay the Benefits. To Benefits to the extent that the Trust Fund is not sufficient to pay any Benefit when due, the Employer shall pay such Benefit directly. In the event Benefits are due to more than one Participant Member or Beneficiary on the same date and the Trust Fund is not sufficient to pay all such Benefits, the Trust Fund shall be applied pro rata among such Participants Members and Beneficiaries on the basis of the Benefits due to be paid such individuals on such date. Nothing in this Trust Agreement shall relieve the Employer Company of its liabilities to pay Benefits except to the extent such liabilities are met by application of Trust Fund assets.

Appears in 1 contract

Samples: Plan Trust Agreement (Dynegy Inc /Il/)

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