Common use of Distributions from Trust Clause in Contracts

Distributions from Trust. Upon the termination of a Participant’s employment prior to a Change of Control and on or after January 1, 2005, such Participant (or, in the event of his death, his Beneficiary) shall be entitled to distribution from the Trust of all Shares and any other property (“Non-Share Interests”) credited to his Share Award Account; provided that, so long as such direction shall not cause the Company or its Subsidiaries to breach any covenant or otherwise incur a default under any credit or other financing agreement to which it is a party, the Company may direct the Trustee to pay the Participant (or his Beneficiary) the Cash Value of such Shares in lieu of a distribution in Shares. Such distribution shall be made in a single lump sum ten (10) business days following the Participant’s termination of employment, except that, if the Participant is a “key employee” within the meaning of 416(i) of the Code, such lump sum payment shall be made six months following the date of the Participant’s termination of employment.