Common use of Return of Excess Assets Clause in Contracts

Return of Excess Assets. Prior to a Change in Control, in the event the value of the assets in the Trust, determined pursuant to the accounting procedures set forth herein as of each December 31, exceeds one hundred percent (100%) of the amount necessary to pay each Executive all amounts the Executive could be entitled to receive under the SERP and applicable Severance Agreement, determined as of each December 31, the Trustee shall pay the excess amount, if any, to the Company as soon as administratively feasible following the December 31 determination date. After a Change in Control, the percentage in the preceding sentence shall be increased to one hundred twenty-five percent (125%). -7-