Replacement of the Trustee. The Trustee may resign as Trustee under this Plan and Trust or may be removed by the Company at any time upon at least 90 days written notice (or less if agreed to by both parties). In such event, the Company shall appoint a successor trustee by the end of the notice period. The successor trustee shall then succeed to all the powers and duties of the Trustee under this Plan and Trust. If no successor trustee has been named by the end of the notice period, the Company's chief executive officer shall become the trustee, or if he or she declines, the Trustee may petition the court for the appointment of a successor trustee.
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Samples: Plan and Trust Agreement (Southdown Inc), Plan and Trust Agreement (Timken Co), Bank Jos a Clothiers Inc /De/
Replacement of the Trustee. The Trustee may resign as Trustee under this the Plan and Trust or may be removed by the Company at any time upon at least 90 days written notice (or less if agreed to by both parties). In such event, the Company shall appoint a successor trustee by the end of the notice period. The successor trustee shall then succeed to all the powers and duties of the Trustee under this the Plan and Trust. If no successor trustee has been named by the end of the notice period, the Company's chief executive officer shall become the trustee, or if he or she declines, the Trustee may petition the court for the appointment of a successor trustee.
Appears in 6 contracts
Samples: Spieker Properties Inc, Longview Fibre Co, Advo Inc
Replacement of the Trustee. The Trustee may resign as Trustee under this Plan and Trust or may be removed by the Company at any time upon prior to a Change of Control, or may resign at least 90 days written any time, in either case by notice (in writing. Upon the removal or the resignation of the Trustee, a new trustee, which shall be a bank or trust company having a combined capital and surplus of not less if agreed to than $50,000,000 shall be appointed by both parties)the Company. In such event, If the Company shall fails to appoint a successor trustee by Trustee following the end resignation or removal of the notice period. The successor trustee shall present Trustee, then succeed to all the powers and duties of the Trustee under this Plan and Trust. If no successor trustee has been named by the end of the notice period, the Company's chief executive officer shall become the trustee, or if he or she declines, the present Trustee may petition the apply to a court of competent jurisdiction for the appointment of a successor trusteeTrustee.
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Samples: TJX Companies Inc /De/
Replacement of the Trustee. The Trustee may resign as Trustee under this the Plan and Trust or may be removed by the Company at any time upon at least 90 days written notice (or on less if agreed to by both parties). In such event, the Company shall appoint a successor trustee by the end of the notice period. The successor trustee shall then succeed to all the powers and duties of the Trustee under this the Plan and Trust. If no successor trustee has been named by the end of the notice period, the Company's chief executive officer shall become the trustee, or if he or she declines, the Trustee may petition the court count for the appointment of a successor trustee.
Appears in 1 contract
Samples: New Nisource Inc
Replacement of the Trustee. The Trustee may resign as Trustee under this the Plan and Trust or may be removed by the Company at any time upon at least 90 days written notice (or less if agreed to by both parties). In such event, the Company shall appoint a successor trustee by the end of the notice period. The successor trustee shall then succeed to all the powers and duties of the Trustee under this the Plan and Trust. If no successor trustee has been named by the end of the notice period, the Company's chief executive officer Committee shall become the trustee, or if he or she the Committee declines, the Trustee may petition the court for the appointment of a successor trustee.
Appears in 1 contract
Samples: Gerber Scientific Inc
Replacement of the Trustee. The Trustee may resign as Trustee under this Plan and Trust or may be removed by the Company Plan Sponsor at any time upon at least 90 days written notice (or less if agreed to by both parties). In such event, the Company Plan Sponsor shall appoint a successor trustee by the end of the notice period. The successor trustee shall then succeed to all the powers and duties of the Trustee under this Plan and Trust. If no successor trustee has been named by the end of the notice period, the CompanyPlan Sponsor's chief executive officer shall become the trustee, or if he or she declines, the Trustee may petition the court for the appointment of a successor trustee.
Appears in 1 contract
Samples: Caliber System Inc
Replacement of the Trustee. The Trustee may resign as Trustee under this Plan and Trust Trust, or may be removed by the Company at any time time, upon at least 90 days written notice (or less if agreed to by both parties). In such event, the Company shall appoint a successor trustee by the end of the notice period. The successor trustee shall then succeed to all the powers and duties of the Trustee under this Plan and Trust. If no successor trustee has been named by the end of the notice period, the Company's chief executive officer shall become the trustee, or if he or she declines, the Trustee may petition the court for the appointment of a successor trustee.
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Replacement of the Trustee. The Trustee may resign as Trustee under this Plan and Trust or may be removed by the Company Company, or may resign at any time upon at least 90 days written time, in either case by notice (in writing. Upon the removal or less if agreed to the resignation of the Trustee, a new trustee, which shall be an individual or a bank or trust company, shall be appointed by both parties). In such event, the Company and such successor trustee shall automatically accede to all rights, duties and obligations of the Trustee hereunder. If the Company fails to appoint a successor trustee by following the end resignation or removal of the notice period. The successor trustee shall present Trustee, then succeed to all the powers and duties of the Trustee under this Plan and Trust. If no successor trustee has been named by the end of the notice period, the Company's chief executive officer shall become the trustee, or if he or she declines, the present Trustee may petition the apply to a court of competent jurisdiction for the appointment of a successor trustee.
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