Investment of Trust. Fund and Administrative Powers of the --------------------------------------------------------- Trustee. --------
Investment of Trust. 2 (a) Selection of Investment Options ............................... 2 (b) Available Investment Options .................................. 2 (c)
Investment of Trust. (a) The Trust Account shall be invested only in shares of the Company’s common stock. All cash contributions to the Trust Account shall be invested in shares of the Company’s common stock, all dividends earned by the Trust Account shall be reinvested in shares of the the right to postpone investing any cash contributed to the Trust Account during the seven day right to revoke period referred to in the Disclosure Statement. Any shares of the Company’s common stock which are received by the Trustee in the form of a Qualifying Rollover Contribution or invested by the Trustee in accor- dance with the previous sentence shall not be sold by the Trustee until the Trustee is directed or otherwise author- ized to do so pursuant to the provisions of this Trust agreement. During the Grantor’s life, the Trustee shall sell such shares of the Company’s common stock held in the Trust Account as the Grantor directs in writing. After the Grantor’s death, the Trustee shall sell such shares of the Company’s common stock held in the Trust Account as the Beneficiary directs in writing, or if there is more than one such Beneficiary, as a majority of such Beneficiaries direct in writing. If any person who is authorized to direct the sale of shares of the Company’s common stock under the provisions of this paragraph is unable to do so because such person is mentally or physically incapacitated or is under a legal disability, the legal representative of such person’s estate, the guardian of such person or such person’s parent may exercise, on behalf of such person, such person’s right to direct such sales. Upon the sale of any shares of the Company’s common stock made by the Trustee in accor- dance with the above provisions, the Trustee shall distrib- ute all of the sale proceeds to the Grantor if the Grantor is then living, or if the Grantor is not then living, to the Grantor’s Beneficiaries who are then entitled to receive payments from the Trust Account or if the Trust Account has been divided into separate accounts, to the Grantor’s Beneficiaries who are then entitled to receive payments from the separate account from which the sale was made, in the proportions specified in the Grantor’s designation of Beneficiaries ("Beneficiary Designation") and this Trust agreement.
Investment of Trust. (a) The Trustee shall have no responsibility for the selection or management of investments of the Trust and shall not render investment advice to any person in connection with any assets of the Trust.
Investment of Trust. Trustee shall be responsible for providing services hereunder solely with respect to those investment options set forth in Attachment A hereto which have been designated by the Named Fiduciary in its sole discretion. Although the Named Fiduciary retains sole discretion as to the investment options for the Plan, Trustee shall not, absent its written consent, be required to provide services with respect to other investment options that the Named Fiduciary seeks to add to the Trust. Except where stated otherwise in this Trust Agreement by explicit reference to Plan assets being held outside the Trust, (i) all obligations of Trustee hereunder (including all services to be performed by Trustee) with respect to the Plan shall be performed solely with respect to the investment options set forth in the Master Services Agreement or herein, and (ii) no other investments that may be held under a separate trust or insurance product with respect to the Plan shall be considered by Trustee in its performance of its obligations. Trustee shall be considered a fiduciary with investment discretion only with respect to Plan assets that are invested in stable value investments managed by Trustee or collective investment funds maintained by Trustee for qualified plans, and where such investments vehicles are listed in the Master Services Agreement or herein as available investment options. If the Named Fiduciary has determined that Sponsor Stock shall be included as an available investment option under the Trust, the provisions of Schedule A to this Trust Agreement hereto shall apply to such investments.
Investment of Trust. Trustee shall be responsible for providing services under this Trust Agreement solely with respect to those investment options set forth in Attachment A to the DC Terms Schedule, which have been designated by Sponsor in its sole discretion. Although Sponsor retains sole discretion as to the notional investment options available to Participants under the Plan, Trustee shall not, absent its written consent, be required to provide services with respect to other investment options that Sponsor seeks to add to the Trust. All obligations of Trustee hereunder (including all services to be performed by Trustee) shall be performed solely with respect to the investment options set forth herein, and no other investments that may be held under a separate trust or insurance product with respect to the Plan shall be considered by Trustee in its performance of such obligations. Sponsor shall direct Trustee as to how to invest the Trust assets. In order to provide for the accumulation of assets comparable to the contractual liabilities accruing under the Plan, Sponsor may direct Trustee in writing to invest the assets held in the Trust to correspond to the Participants’ notional investment directions under the Plan, subject to the limitations provided in this Article 4.
Investment of Trust. Property and Exposure Limits
Investment of Trust. (a) The Trust Account shall be invested only in shares of the Company’s common stock. All cash contributions to the Trust Account shall be invested in shares of the Company’s common stock, all dividends earned by the Trust Account shall be reinvested in shares of the Company’s common stock, and any such investments of contributions or dividends shall be made as described in the Program Literature. Any shares of the Company’s common stock which are invested by the Trustee in accor- dance with the previous sentence shall not be sold by the Trustee until the Trustee is directed or otherwise author- ized to do so pursuant to the provisions of this Trust Agreement. During the period in which the Account is con- trolled by the Responsible Individual, the Trustee shall sell such shares of the Company’s common stock held in the Trust Account as the Responsible Individual directs in writ- ing. Upon the Responsible Individual’s death or incapaci- tation, the Trustee shall sell such shares of the Company’s common stock held in the Trust Account as the successor Responsible Individual directs in writing. If the Designated Beneficiary is the Responsible Individual, and if the Designated Beneficiary is unable to direct the sale of the shares because the Designated Beneficiary is mentally or physically incapacitated or is under a legal disability, the legal representative of the Designated Beneficiary under, in accordance with, and subject to the provisions of appli- cable state or other law, may exercise the Designated Beneficiary’s right to direct such sales. Upon the sale of any shares of the Company’s common stock made by the Trustee in accordance with the above provisions, the Trustee shall distribute all of the sale proceeds to the Responsible Individual in a single sum payment.
Investment of Trust. Trustee shall be responsible for providing services under this Trust Agreement solely with respect to those investment options set forth in Attachment A to the DC Terms Schedule, which have been designated by Sponsor in its sole discretion, as the same may be amended from time to time; provided that Sponsor provides advance written notice to Trustee of any changes to such investment options and Trustee shall not, absent its written consent, be required to provide services with respect to other investment options that Sponsor seeks to add to the Trust. All obligations of Trustee hereunder (including all services to be performed by Trustee) shall be performed solely with respect to the investment options set forth herein, and no other investments that may be held under a separate trust or insurance product with respect to the Plan shall be considered by Trustee in its performance of such obligations. Sponsor shall direct Trustee as to how to invest the Trust assets. In order to provide for the accumulation of assets comparable to the contractual liabilities accruing under the Plan, Sponsor may direct Trustee in writing to invest the assets held in the Trust to correspond to the Participants’ notional investment directions under the Plan, and that to the extent specified by Sponsor, and subject to a change by Sponsor in or revocation by Sponsor of such specifications and directions at any time, Trustee shall accomplish such conforming investments by following “deemed investment directions” communicated to Trustee by Participants as hereinafter provided. Any such deemed investment direction by Participants shall be transmitted directly by Participants to Fidelity Workplace Services LLC, the recordkeeper of the Plan, via the web, in writing or by telephone in accordance with rules and procedures that are established by the recordkeeper and communicated to and approved by Sponxxx, xxd the recordkeeper shall transmit such deemed investment direction to Trustee.
Investment of Trust. Any cash received by the Trustee for the Account of any Participant or credited to the Account of any Participant shall be invested primarily in Stock. Subject to the direction of the Committee, the Trustee is authorized to invest and hold up to 100% of the Trust assets in Stock. The Trustee may purchase Stock from the Employer or from any other source, and such Stock may be outstanding, newly issued or treasury securities. All such purchases shall be made at no more than fair market value. The determination of fair market value shall be in accordance with Section 5.6, unless Regulations subsequently promulgated under ERISA Section 3(18) provide otherwise, in which case a determination of fair market value shall be made in accordance with such Regulations. Any cash received by the Trustee may be applied to purchase Stock. If the Committee fails to instruct the Trustee as to the manner in which the funds held in the Trust should be invested, then the Trustee may invest the entire Trust in a savings account, certificates of deposit, money market funds or any other similar investment, including depositing such cash with the Trustee bank if a bank serves as Trustee hereunder, or any other permitted investment, other than Stock, provided such investment or the retention of such investment, is prudent under all the facts and circumstances then prevailing. The application of this section shall be subject to Participants’ diversification elections pursuant to Section 6.5
