Distributions From Trust Fund. The Trustee shall make payments (including the payment of Trust expenses) and other disbursements from the Trust Fund only upon the express written instructions of the Representative or as expressly authorized by the terms of this Trust Agreement. Such payments may be made either directly to the person or persons specified in such written instructions or as expressly authorized by the terms of this Trust Agreement, or deposited in a checking account maintained on behalf of the Trust Fund for the purpose of making payments or disbursements in accordance with the provisions of the Plans.
Distributions From Trust Fund. (a) Except as set forth in Section 3.6(c), Section 3.6(d), Section 9.2 and Article X hereof, distributions from the Trust Fund shall be made by the Trustee to the Members and Beneficiaries at the times and in the amounts set forth in the Plan and, to the maximum extent permitted by applicable law, the Trustee shall be fully protected in so doing. Any amounts so paid shall be reduced by the amount of any federal, state, or local income or other taxes that may be required by law to be withheld or paid by the Trustee and the Trustee shall withhold, pay and report such amounts to the appropriate governmental authorities; provided, that the Company shall withhold, pay and report any FICA, or FUTA or other applicable taxes; and, provided, further, that the Company, the Plan Administrator, the Members, and the Beneficiaries shall provide the Trustee with all of the information necessary for the Trustee to determine the amount of such taxes required to be withheld or paid by the Trustee and the Trustee shall be fully protected in relying upon such information. Notwithstanding any provision of this Trust Agreement to the contrary, the Company shall be obligated to pay the Benefits. To the extent that the Trust Fund is not sufficient to pay any Benefit when due, the Company shall pay such Benefit directly. In the event Benefits are due to more than one Member or Beneficiary on the same date and the Trust Fund is not sufficient to pay all such Benefits, the Trust Fund shall be applied pro rata among such Members and Beneficiaries on the basis of the Benefits due to be paid such individuals on such date, as determined by the Plan Administrator or its delegates. Nothing in this Trust Agreement shall relieve the Company of its liabilities to pay Benefits except to the extent such liabilities are met by application of Trust Fund assets.
Distributions From Trust Fund. The Trustee shall make distributions from the Trust Fund at such time or times and to such person or persons, including the Trustee as provided under Section 5.2, (i) as the Company shall direct (whether expressly as to any Creditor or pursuant to a payment schedule delivered to the Trustee by the Company) or (ii) as is expressly provided elsewhere in this Agreement. The Trustee shall be entitled (i) to assume that any condition with respect to payment of any benefit shall have been satisfied by the intended recipient thereof or (ii) to rely on the written statement of an intended recipient that all conditions or events required to be satisfied or to have occurred prior to commencement of payment have been satisfied or have occurred. The Trustee shall also make distributions in accordance with any order of a court of competent jurisdiction issued in conjunction with a 65 successful challenge by a person having an interest in the Trust Fund made in accordance with the applicable provisions of any Plan. Section 3.6.
Distributions From Trust Fund. The Trustee shall make distributions to a Beneficiary from the Trust Fund only upon demand of the Beneficiaries' Representative. Each such demand shall be submitted to the Trustee, in writing, signed by the Beneficiaries' Representative, and shall state (i) that such demand is being made pursuant to an indemnification agreement between Grantor and the Beneficiary, (ii) that the demand is for satisfaction of indemnification obligations and the amount being demanded by a Beneficiary, (iii) that, pursuant to the Indemnification agreement, the Beneficiary has certified that he or she is entitled to payment of at least the amount demanded, (iv) that the Beneficiary has previously made demand for payment upon Grantor, and (v) that no part of the amount then being demanded from the Trust Fund has been previously received from the Grantor. A copy of each demand shall be delivered to Grantor by the Trustee. As soon as practicable after such demand is made by the Beneficiaries' Representative, subject to the provisions of Section 1.5, the Trustee shall distribute funds to the Beneficiary specified in such demand in the amount and manner set forth therein. If the Trustee does not have sufficient funds to satisfy all pending demands of Beneficiaries in full, the Trustee shall make all reasonable efforts to make pro rata payments, less any amounts due the Trustee, to the Beneficiaries as specified by the Beneficiaries' Representative. Upon the replenishment of the Trust Fund, in accordance with Section 2.3, the Trustee shall continue to make pro rata distributions, less any amounts due the Trustee, until such demand is satisfied or to satisfy subsequent demands.
Distributions From Trust Fund. 17 5.1 Distributions from the Trust........................17 5.2 Determination of Taxability (or ERISA Application)..18 5.3
Distributions From Trust Fund. 5.1 Distributions from the Trust. (a) Except to the limited extent provided in Article IV, in this Article V and in Section 7.2, all distributions from the Trust shall be used to fund Company Obligations. The Company shall from time to time direct the Trustee to
Distributions From Trust Fund
