Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 25 contracts
Samples: Agreement and Plan of Merger (Di Industries Inc), Trust Agreement (Sun Co Inc), Philipp Brothers (Philipp Brothers Chemicals Inc)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) 3.1 The Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company it is unable to pay its debts as they become due, or (ii) Company if it is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 5 contracts
Samples: Ies Utilities Inc, Ies Utilities Inc, Ies Utilities Inc
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) The Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 5 contracts
Samples: Agreement (Weatherford International LTD), Employment Agreement (Mesa Air Group Inc), Separation Agreement (Railamerica Inc /De)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) The Trustee shall cease payment of benefits distributions to Plan participants and their beneficiaries Participants if the Company is Insolvent. The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 2 contracts
Samples: Trust Agreement (Harrahs Entertainment Inc), Trust Agreement (Harrahs Entertainment Inc)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) 4.1 The Trustee shall cease payment of benefits to Plan participants Participants and their beneficiaries if the Company is Insolvent. The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 2 contracts
Samples: Agreement (Brush Engineered Materials Inc), Agreement (LKQ Corp)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) 4.1 Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "“Insolvent" ” for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code, or (iii) Company is determined to be insolvent by any applicable federal or state bank regulator.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vantagesouth Bancshares, Inc.), Agreement and Plan of Merger (YADKIN FINANCIAL Corp)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants Executive and their his beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 2 contracts
Samples: Supplemental Executive Retirement Agreement (Urs Corp /New/), Supplemental Executive Retirement Agreement (Urs Corp /New/)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (( a) The Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Compensation Plan Trust (Applied Extrusion Technologies Inc /De)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) 3.1 The Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company company is Insolvent. The Company shall be considered "“Insolvent" ” for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy CodeCode or under state court receivership law.
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Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) 4.1 Trustee shall cease payment of benefits Benefits to Plan participants and their beneficiaries if the Company is Insolvent. The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Trust Agreement (Atmos Energy Corp)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) 3.1 The Trustee shall cease payment of paying for benefits to Plan participants Participants and their beneficiaries if the Company is Insolvent. The Company shall be considered "“Insolvent" ” for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to the Plan participants participant and their his beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) The Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. the Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Group Rabbi Trust Agreement (Sage Life Assurance of America Inc)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall will cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall will be considered "“Insolvent" ” for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
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Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company or any contributing subsidiary is Insolvent. Company shall be considered Whenever the term "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Agreement (Brady W H Co)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement Plan if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
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Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) The Trustee shall cease payment of benefits Benefits to Plan participants and their beneficiaries Participants of a specific Company hereto if the that Company is Insolvent. The Insolvency of one Company under the Plan and Trust shall not be considered "Insolvent" for purposes the Insolvency of this Trust Agreement if (i) any other Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under which has adopted the United States Bankruptcy CodePlan and Trust.
Appears in 1 contract
Samples: Dollar Thrifty Automotive Group Inc
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment distribution of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Compensation Trust (Quanex Corp)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.considered
Appears in 1 contract
Samples: Trust Agreement (Om Group Inc)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants and their Executive or his beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Stock Option Agreement (Gaylord Entertainment Co /De)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" '' for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Avery Dennison Corporation
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) SECTION 3.1 Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) The Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. The Company or a Participating Subsidiary shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company or a Participating Subsidiary is unable to pay its debts as they become due, or (ii) the Company or a Participating Subsidiary is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Harland John H Co
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) The Trustee shall cease payment of benefits to Plan participants the Participants and their beneficiaries if the Company is Insolvent. The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Rabbi Trust Agreement (Oil States International Inc)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Section 3.1 Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy CodeCode or any comparable state or federal regulatory law.
Appears in 1 contract
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants Participants and their beneficiaries Beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" or in a condition of "Insolvency" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Trust Under (Peoples Energy Corp)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) 3.1 The Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Trust Agreement (Chicago Title Corp)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) The Trustee shall cease payment of benefits to Plan participants the Employee and their his beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes purposed of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Under Deferred Compensation Agreement (Suburban Bancshares Inc)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to the Plan participants and their Participant or his beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Agreement (Golden Enterprises Inc)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Section 3.1 Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "“Insolvent" ” for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy CodeCode or any comparable state or federal regulatory law.
Appears in 1 contract
Samples: Benefit Plan Trust Agreement (Terra Industries Inc)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants Employee and their his or her beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Woodward Governor Co
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Section 3.1 Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "“Insolvent" ” for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy CodeCode or any comparable state or federal regulatory law.
Appears in 1 contract
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for the purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Deferred Compensation Plan Trust Agreement (Polaroid Corp)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants the Participant and their his beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Employment Agreement (Team Inc)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) 3.1 The Trustee shall cease payment of paying for benefits to Plan participants Participants and their beneficiaries if the Company is Insolvent. Company For purposes of the Plan, an entity shall be considered "“Insolvent" ” for purposes of this Trust Agreement if (ia) Company the entity is unable to pay its debts as they become due, or (iib) Company the entity is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants the Participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Deferred Compensation Trust Agreement (Stewart Information Services Corp)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) The Trustee shall cease payment of benefits to Plan participants the Agreements' Participant and their his beneficiaries if the Company is Insolvent. The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall cease payment of benefits to Plan participants Participants and their beneficiaries if the Company is Insolvent. Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Samples: Trust Agreement (Guilford Mills Inc)
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) 3.1 The Trustee shall cease payment of benefits to Plan participants and their beneficiaries if the Company company is Insolvent. The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (i) the Company is unable to pay its debts as they become due, or (ii) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy CodeCode or under state court receivership law.
Appears in 1 contract
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) 3.1 The Trustee shall cease payment of benefits to Plan participants and their beneficiaries under the Plans if the Company is "Insolvent". The Company shall be considered "Insolvent" for purposes of this Trust Agreement if (ia) the Company is unable to pay its debts as they become due, or (iib) the Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract
Trustee Responsibility Regarding Payments to Trust Beneficiary When Company Is Insolvent. (a) Trustee shall will cease payment of benefits to the Plan participants participant and their his beneficiaries if the Company is Insolvent. Company shall will be considered "“Insolvent" ” for purposes of this Trust Agreement if (i) Company is unable to pay its debts as they become due, or (ii) Company is subject to a pending proceeding as a debtor under the United States Bankruptcy Code.
Appears in 1 contract