- 30 -
88 Stat. 829, arising out of its administration of the Trust, and
(3) the ability to reimburse itself, in certain circumstances,
from amounts held in the Trust, starting with the Suspense
Account.
F. The January 2, 1992, Trust Agreement
Prime amended the Trust Agreement a fourth time on or about
January 2, 1992. In relevant part, the following amendments were
made.
First, Prime inserted Firstar as the successor trustee.
Second, Prime added a provision requiring forfeiture of a
DWB upon actual retirement rather than upon reaching the
Forfeiture Age. Another new provision defined the term
"retirement" to mean "a Covered Employee's severance from service
with an Employer other than for Cause, Death or Total Disability,
where such Covered Employee cannot show proof of subsequent
employment or an attempt to obtain subsequent gainful employment
to Prime". Another new provision set forth the allocation of
"Employer Withdrawal Gains" to the Suspense Account.
G. The November 1, 1993, Trust Agreement
Prime amended the Trust Agreement a fifth time on or about
November 1, 1993. In relevant part, the following amendments
were made.
First, Prime added a provision stating that the amount of
gains allocated to the Suspense Account at the time of a
measurable event would equal the total gains multiplied by the
Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 NextLast modified: May 25, 2011