NINETEENTH AMENDMENT TO TRUST AGREEMENT BETWEEN FIDELITY MANAGEMENT TRUST COMPANY AND DTEENERGY COMPANY
EXHIBIT 99-27
NINETEENTH AMENDMENT TO TRUST AGREEMENT BETWEEN
FIDELITY MANAGEMENT TRUST COMPANY AND
DTEENERGY COMPANY
FIDELITY MANAGEMENT TRUST COMPANY AND
DTEENERGY COMPANY
THIS NINETEENTH AMENDMENT, dated and effective as of the thirty-first day of July 2007, by and
between Fidelity Management Trust Company (the “Trustee”) and DTE Energy Company (the “Sponsor”);
WITNESSETH:
WHEREAS, the Trustee and the Sponsor heretofore entered into a Master Trust Agreement dated
June 30, 1994, as amended, with regard to DTE Energy Company Savings and Stock Ownership Plan, The
Detroit Edison Savings & Investment Plan for Employees Represented by Local 17 of the International
Brotherhood of Electrical Workers, The Detroit Edison Savings & Investment Plan for Employees
Represented by Local 223 of the Utility Workers Union of America and the MichCon Savings and Stock
Ownership Plan (collectively and individually, the “Plan”); and
WHEREAS, the Sponsor hereby directs the Trustee, in accordance with Section 8(c), as follows:
(i) on July 31, 2007 to liquidate all participant balances held in the Fidelity Retirement Money
Market Portfolio at its net asset value on such day, and to invest the proceeds in the Fidelity
Institutional Money Market Fund at its net asset value on such day; (ii) to redirect all
participant contributions directed to the Fidelity Retirement Money Market Portfolio after July 31,
2007, to be invested in the Fidelity Institutional Money Market Fund; and (iii) to permit no
further investments in the Fidelity Retirement Money Market Portfolio as an investment option for
the Plan after July 31,2007. The parties hereto agree that the Trustee shall have no discretionary
authority with respect to this sale and transfer directed by the Sponsor. Any variation from the
procedure described herein may be instituted only at the express written direction of the Sponsor;
and
WHEREAS, the Trustee and the Sponsor now desire to amend said Trust Agreement as provided for
in Section 14 thereof;
NOW THEREFORE, in consideration of the above premises the Trustee and the Sponsor hereby amend
the Trust Agreement by:
| (1) | Effective at the close of business (4:00 p.m. ET) on July 31, 2007, amending the “investment options” section of Schedules “A” and “C” to remove the following: |
| • | Fidelity Retirement Money Market Portfolio |
| (2) | Effective at the close of business (4:00 p.m. ET) on July 31, 2007, amending the “investment options” section of Schedules “A” and “C” to add the following: |
| • | Fidelity Institutional Money Market Fund |
| On the effective date of this Amendment, in lieu of receiving a printed copy of the prospectus for each Fidelity Mutual Fund selected by the Named Fiduciary as a new Plan investment option or short-term investment fund, the Named Fiduciary hereby consents to receiving such documents electronically. Named Fiduciary shall access each prospectus on the internet after receiving notice from the Trustee that a current version is available online at a website maintained by the |
| Trustee or its affiliate. The Trustee represents that on the effective date of this Amendment, a current version of each such prospectus is available at xxxx://xxx.xxxxxxxx.xxx or such successor website as the Trustee may notify Named Fiduciary of in writing from time to time. Named Fiduciary represents that it has accessed/will access each such prospectus at xxxx://xxx.xxxxxxxx.xxx or such successor website as the Trustee may notify Named Fiduciary of in writing from time to time as of the effective date of this Amendment. | |||
| (3) | Amending Schedule “C” to restate the sentence immediately following the investment option section, in its entirety, as follows: | ||
| The Named Fiduciary hereby directs that for Plan assets allocated to a Participant’s account to the extent the Plan allows, the investment option referred to in Section 5(c) shall be the Fidelity Freedom Fund determined according to a methodology selected by the Named Fiduciary and communicated to the Trustee in writing. In the case of unallocated Plan assets, the termination or reallocation of an investment option or Plan assets described in Section 5(e)(vii)(B)(5), the Plan’s default investment shall be Fidelity Freedom Income Fund®. |
IN WITNESS WHEREOF, the Trustee and the Sponsor have caused this Nineteenth Amendment to be
executed by their duly authorized officers effective as of the day and year first above written. By
signing below, the undersigned represent that they are authorized to execute this document on
behalf of the respective parties. Notwithstanding any contradictory provision of the agreement that
this document amends, each party may rely without duty of inquiry on the foregoing representation.
| DTE ENERGY COMPANY | FIDELITY MANAGEMENT TRUST COMPANY | |||||||||
By
|
/s/ Xxxxxxx X. Xxxxx 7/31/07 | By | /s/ Xxxxxxxxx Nick 7/31/07 | |||||||
| Authorized Signatory Date | Authorized Signatory Date | |||||||||
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