This excerpt taken from the Q 8-K filed Dec 21, 2009.
In General. If, for any reason, all or any portion of a Participants benefits under this Plan becomes subject to federal income tax with respect to the Participant prior to receipt, a Participant may petition the Committee before a Change in Control, or the trustee of the Trust after a Change in Control, for a distribution of that portion of his or her benefit that has become taxable. Upon the grant of such a petition, which grant shall not be unreasonably withheld (and, after a Change in Control, shall be granted), a Participants Employer shall distribute to the Participant immediately available funds in an amount equal to the taxable portion of his or her benefit (which amount shall not exceed a Participants unpaid
Plan Part B
Account Balance under the Plan). If the petition is granted, the tax liability distribution shall be made within 90 days of the date when the Participants petition is granted. Such a distribution shall affect and reduce the benefits to be paid under this Plan.
|(b)||Trust. If the Trust terminates in accordance with Section 3.6(e) of the Trust and benefits are distributed from the Trust to a Participant in accordance with that Section, the Participants benefits under this Plan shall be reduced to the extent of such distributions.|
16.17 Insurance. The Employers, on their own behalf or on behalf of the trustee of the Trust, and, in their sole discretion, may apply for and procure insurance on the life of the Participant, in such amounts and in such forms as the Company may choose. The Employers or the trustee of the Trust, as the case may be, shall be the sole owner and beneficiary of any such insurance. The Participant shall have no interest whatsoever in any such policy or policies, and at the request of the Employers shall submit to medical examinations and supply such information and execute such documents as may be required by the insurance company or companies to whom the Employers have applied for insurance.
16.18 Legal Fees To Enforce Rights After Change in Control. The Company and each Employer is aware that upon the occurrence of a Change in Control, the Board or the board of directors of a Participants Employer (which might then be composed of new members) or a shareholder of the Company or the Participants Employer, or of any successor corporation might then cause or attempt to cause the Company, the Participants Employer or such successor to refuse to comply with its obligations under the Plan and might cause or attempt to cause the Company or the Participants Employer to institute, or may institute, litigation seeking to deny Participants the benefits intended under the Plan. In these circumstances, the purpose of the Plan could be frustrated. Accordingly, if, following a Change in Control, it should appear to any Participant that the Company, the Participants Employer or any successor corporation has failed to comply with any of its obligations under the Plan or any agreement thereunder or, if the Company, such Employer or any other person takes any action to declare the Plan void or unenforceable or institutes any litigation or other legal action designed to deny, diminish or to recover from any Participant the benefits intended to be provided, then the Company and the Participants Employer irrevocably authorize such Participant to retain counsel of his or her choice at the expense of the Company and the Participants Employer (who shall be jointly and severally liable) to represent such Participant in connection with the initiation or defense of any litigation or other legal action, whether by or against the Company, the Participants Employer or any director, officer, shareholder or other person affiliated with the Company, the Participants Employer or any successor thereto in any jurisdiction.
Plan Part B