Trust Amendment Clause Samples

Trust Amendment. The Union and the Association shall jointly propose and support the following amendment to the Agreement establishing the Operating Engineers Pension Trust

Trust Amendment. An executed copy of the Trust Amendment, substantially in the form of Exhibit C hereto, dated as of the date hereof.

Trust Amendment. Except as limited below, the Chief Executive Officer --------------- of the Company and the Chairman of the Compensation Committee of the Company's Board of Directors shall have the right to amend this Trust Agreement at any time. Such amendment shall be stated in an instrument in writing, executed by such Chief Executive Officer and Chairman. Upon delivery of an executed counterpart of such instrument to the Trustee, the Trust shall be deemed to have been amended in the manner set forth in such instrument, and all participants and the Company shall be bound by the amendment; provided, however, that: (a) no amendment shall increase the duties or liabilities of the Trustee without its written consent; (b) no amendment shall reduce, impair or otherwise adversely affect any Plan participant's rights or protections under a Plan or this Agreement unless the participant consents in writing to such amendment; (c) no amendment shall cause the Trust to be terminated prior to the time set forth in Section 10.3; and (d) no amendment shall cause or permit any assets of the Trust to revert to the Company, except as permitted in Sections 2.3, 5.2, and 10.3.

Trust Amendment. For thirty (30) days after the execution of this Agreement, the Grantor and the Trustee may amend this Agreement by a written instrument executed by the Trustee and the Grantor and approved by the Employee to correct any scrivener’s errors, amend administrative provisions or to ensure that the trust conforms with any regulations of the Internal Revenue Service. Notwithstanding the foregoing, such amendment shall not make the trust revocable or change the terms of Sections 2.1 through 2.4.

Trust Amendment. The Trust Agreement establishing the South­ ern California Meat Cutters Unions and Food Employers Pension Trust Fund shall be amend­ ed as necessary to accomplish the foregoing.

Trust Amendment. 10.1 This Agreement may be amended, in whole or in part, at any time and from time to time, by the mutual agreement and written consent of the parties, which consent shall not unreasonably be withheld. In particular, the Agreement may be amended to the extent required by the Internal Revenue Service in conjunction with a ruling request. Any amendment made by the Company shall be authorized and approved pursuant to a resolution of the Board of Directors of the Company, and by delivery to the Trustee of a certified copy of such resolution and a written instrument duly executed and acknowledged by the Company and the Executive in the same form as this Agreement.

Trust Amendment. 9.1 This Agreement may be amended, in whole or in part, at any time and from time to time, by the mutual agreement and written consent of the parties, which consent shall not unreasonably be withheld.

Trust Amendment. The Amendment set forth in Exhibit I hereto (the "Trust Amendment") of the Amended and Restated Declaration Trust (as amended and in effect on the date of this Agreement) shall have been approved by the holders of at least two-thirds of the Shares outstanding and entitled to vote thereon at the Shareholders Meeting and the Trust Amendment shall have been duly filed with the Recorder of Deeds of Cook County, Illinois. SECTION 7.02. Conditions to the Company's Obligation to Effect the Merger. The obligation of the Company to effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of the following additional conditions: (a) Performance of Obligations; Representations and Warranties. Parent and Sub shall have performed in all material respects each of their obligations and complied in all material respects with each of their agreements and covenants contained in this Agreement required to be performed or complied with on or prior to the Closing Date, each of the representations and warranties of Parent and Sub contained in this Agreement that is qualified by materiality shall be true and correct on and as of the Closing Date as if made on and as of such date (other than to the extent that any such representation and warranty, by its terms, is expressly limited to a specific date, in which case such representation and warranty shall be true and correct as of such date) and each of the representations and warranties that is not so qualified shall be true and correct in all material respects on and as of the Closing Date as if made on and as of such date (other than to the extent that any such representation and warranty, by its terms, is expressly limited to a specific date, in which case such representation and warranty shall be true and correct as of such date), in each case except as contemplated or permitted by this Agreement.

Trust Amendment. Except as limited below, the Chief Executive Officer of the Company shall have the right to amend this Trust Agreement at any time to any extent. Such amendment shall be stated in an instrument in writing, executed by such Chief Executive Officer, attested by the Secretary or an Assistant Secretary of the Company. Upon delivery of an executed counterpart of such instrument to the Trustee, the Trust shall be deemed to have been amended in the manner set forth in such counterpart, and all participants and Employers shall be bound by the amendment; provided, however,