Committee Direction. Except as otherwise agreed in writing by the Trustee and the Committee, the Trustee shall take actions with respect to such contract only as directed in writing by the Committee. It is intended that the Trustee shall have no discretion whatsoever with respect to the provisions of such an insurance contract or the Trustee actions taken in connection with the contract. Notwithstanding any of the foregoing provisions of this Subsection to the contrary, the Trustee shall make no payment for investment in an insurance company account other than the general account of the insurance company, unless the insurance company has met the requirements of Section 3(38) of ERISA to serve as an Investment Manager as defined in ERISA and has acknowledged in writing that it is a fiduciary with respect to the Plan and the Trust. No transfer shall be made from the general account of any other account maintained by the insurance company until the requirements of the preceding sentence are met.
Committee Direction. Subject to the provisions of Sections 4.5(m), 4.5A, 5.1 and 7, the Committee shall have full authority and responsibility to direct the Trustee with respect to the acquisition, retention, management, and disposition of all of the assets from time to time comprising the Company Stock Fund and the ESOP, and the voting of proxies thereon, and the Trustee shall have no duty or obligation to review the assets from time to time comprising such Company Stock Fund or ESOP, to make recommendations with respect to the investment, reinvestment or retention thereof, nor with respect to the voting of proxies thereon, except as would otherwise be required to meet the Trustee's obligations under the Trust, ERISA or any other applicable law. The Committee shall have the powers and duties with regard to the manner of giving direction to the Trustee which an Investment Manager would have under Section 5.1(c) and the Trustee shall be protected to the same extent as if those directions came from an Investment Manager. The Committee may, in its discretion (and shall in the case of matters described in Section 4.5(m)) appoint an Investment Manager (including without limitation SIMCO) to exercise the Committee's investment responsibilities with respect to the Company Stock Fund and ESOP and to perform those responsibilities described in Section 4.5(m). The provisions of
Committee Direction. 58 Section 9.11
Committee Direction. The Committee, as a named fiduciary, may ------------------- direct the Trustee as to the investment of all or a portion of the assets of the Trust Fund.
Committee Direction. No payment from the Trust Fund will be made by ------------------- the Trustee for purposes of the payment of any Plan benefit except on the direction of the Committee, and except as otherwise agreed to in writing, the Trustee will have no duty or obligation whatsoever to inquire as to the accuracy of such direction or its propriety in light of the provisions of the Plan, ERISA or the Code. Upon direction (which may be a continuing direction) from the Committee as to the name of any person to whom payment is to be made from the Trust Fund and when such payment is to be made and the amount and manner of such payment, and consistent with the income tax withholding requirements, the Trustee will draw checks, make electronic funds transfers or distribute other assets from the Trust Fund in the name of the person designated by the Committee and deliver such checks or other assets or make such transfers in such manner and in such amounts and at such times as the Committee directs.
Committee Direction. The Committee may, by writing filed with the Trustee, assume investment responsibility over any portion of the Trust Fund designated by it as a Separate Investment Account. In addition, during any time when there is no Investment Manager (including the Trustee if appointed as an Investment Manager) appointed with respect to all or part of an Investment Fund (including a Separate Investment Account), the Committee shall direct the investment and reinvestment of such Account. With respect to assets of Separate Investment Accounts over which the Committee has assumed investment responsibility, the Committee shall direct the Trustee to invest and the Trustee shall invest the applicable Separate Investment Account in any property in which the Trustee could invest under this Trust. With respect to any Separate Investment Account for which the Committee has assumed investment responsibility, the Committee shall have all of the investment powers and duties granted to or imposed on the Trustee under the provision of Section 4.5. Subject to the provisions of Section 7, the Committee shall have full authority and the responsibility to direct the Trustee with respect to the acquisition, retention, management, and disposition of all of the assets from time to time comprising the Separate Investment Account being managed by the Committee and the voting of proxies thereon, and the Trustee shall have no duty or obligation to review the assets from time to time comprising such Separate Investment Account, to make recommendations with respect to the investment, reinvestment or retention thereof nor with respect to the voting of proxies thereon, except as would otherwise be required to meet the Trustee's obligations under the Trust, ERISA or any other applicable law. The Committee shall have the powers and duties with regard to the manner of giving direction to the Trustee which an Investment Manager would have under Section 5.1(c) and the Trustee shall be protected to the same extent as if those directions came from an Investment Manager.
