Reed Smith Shaw & MClay, William J. Smith, Tax Matters Partner - Page 6

                                        - 6 -                                         
                  to cause any investment in the Fund to be                           
                  registered in, or transferred into, the Trustee's                   
                  name or the name of a nominee or nominees or to                     
                  retain any such investment unregistered or in                       
                  form permitting transfer by delivery, provided                      
                  that the books and records of the Trustee shall                     
                  at all times show that all such investments are                     
                  part of the Fund;                                                   

             In section 8.1, Article VIII, the trust agreement imposes                
             the following record keeping and reporting requirements on               
             the trustee:                                                             

                       8.1  The Trustee shall keep a record of all                    
                  his proceedings and acts with respect to the                        
                  Plan, and shall keep all such books of account,                     
                  records, and other data as may be reasonably                        
                  necessary for the proper administration of the                      
                  Plan.  In compliance with the applicable laws,                      
                  the Trustee or his agents shall furnish the                         
                  Company [i.e., the partnership] and each                            
                  Participant covered under the Plan and each                         
                  beneficiary who is receiving benefits under the                     
                  Plan and to every other person required by law                      
                  to be so informed such information as may be                        
                  required of the Trustee by any applicable law or                    
                  regulation.  Within one hundred twenty (120) days                   
                  following the close of each fiscal year of the                      
                  Fund or following the close of such other period                    
                  as may be agreed upon between the Trustee and the                   
                  Company, and within ninety (90) days or such                        
                  other agreed upon period unless such period be                      
                  waived after the removal or resignation of the                      
                  Trustee as provided for in Section 10.1 hereof,                     
                  the Trustee shall file with the Company a                           
                  certified written report setting forth all                          
                  investments, receipts and disbursements, and                        
                  other transactions effected during such fiscal                      
                  year or other annual period or during the period                    
                  from the close of the preceding fiscal year or                      
                  other preceding period to the date of such                          
                  removal or resignation, including a description                     







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011