IF MORE THAN ONE TRUST IS USED, EACH TRUST SHALL BE DESIGNATED BY THE
NAME OF THE PLAN FOLLOWED BY A NUMBER ASSIGNED BY THE COMMITTEE AT THE TIME THE
TRUST IS ESTABLISHED.
D.3
INCORPORATION OF TRUST. EACH TRUST IS A PART OF THE PLAN. ALL
RIGHTS OR BENEFITS WHICH ACCRUE TO A PERSON UNDER THE PLAN SHALL BE SUBJECT ALSO
TO THE TERMS OF THE AGREEMENTS CREATING THE TRUST OR TRUSTS AND ANY AMENDMENTS
TO THEM WHICH ARE NOT IN DIRECT CONFLICT WITH THE PLAN.
D.4
AUTHORITY OF TRUSTEE. EACH TRUSTEE SHALL HAVE FULL TITLE AND LEGAL
OWNERSHIP OF THE ASSETS IN THE SEPARATE TRUST WHICH, FROM TIME TO TIME, ARE IN
HIS SEPARATE POSSESSION. NO OTHER TRUSTEE SHALL HAVE JOINT TITLE TO OR JOINT
LEGAL OWNERSHIP OF ANY ASSET IN ONE OF THE OTHER TRUSTS HELD BY ANOTHER TRUSTEE.
EACH TRUSTEE SHALL BE GOVERNED SEPARATELY BY THE TRUST AGREEMENT ENTERED INTO
BETWEEN THE EMPLOYER AND THAT TRUSTEE AND THE TERMS OF THE PLAN WITHOUT REGARD
TO ANY OTHER AGREEMENT ENTERED INTO BETWEEN ANY OTHER TRUSTEE AND THE EMPLOYER
AS A PART OF THE PLAN.
D.5
ALLOCATION OF RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED UNDER
SECTION 405 OF ERISA, THE AGREEMENTS ENTERED INTO BETWEEN THE EMPLOYER AND EACH
OF THE TRUSTEES SHALL BE INTERPRETED TO ALLOCATE TO EACH TRUSTEE ITS SPECIFIC
RESPONSIBILITIES, OBLIGATIONS AND DUTIES SO AS TO RELIEVE ALL OTHER TRUSTEES
FROM LIABILITY EITHER THROUGH THE AGREEMENT, PLAN OR ERISA, FOR ANY ACT OF ANY
OTHER TRUSTEE WHICH RESULTS IN A LOSS TO THE PLAN BECAUSE OF HIS ACT OR FAILURE
TO ACT.
D.6
TRUSTEE'S FEES AND EXPENSES. THE TRUSTEE SHALL RECEIVE FOR ITS
SERVICES AS TRUSTEE HEREUNDER THE COMPENSATION WHICH FROM TIME TO TIME MAY BE
AGREED UPON BY THE SPONSOR AND THE TRUSTEE. ALL OF SUCH COMPENSATION, TOGETHER
WITH THE EXPENSES INCURRED BY THE TRUSTEE IN CONNECTION WITH THE ADMINISTRATION
OF THIS TRUST, INCLUDING FEES FOR LEGAL SERVICES RENDERED TO THE TRUSTEE, ALL
OTHER CHARGES AND DISBURSEMENTS OF THE TRUSTEE, AND ALL OTHER EXPENSES OF THE
PLAN SHALL BE CHARGED TO AND DEDUCTED FROM THE TRUST FUND, UNLESS THE SPONSOR
ELECTS IN WRITING TO HAVE ANY PART OR ALL OF SUCH COMPENSATION, EXPENSES,
CHARGES, AND DISBURSEMENTS PAID DIRECTLY BY THE SPONSOR. THE TRUSTEE SHALL
DEDUCT FROM AND CHARGE AGAINST THE TRUST ASSETS ANY AND ALL TAXES PAID BY IT
WHICH MAY BE LEVIED OR ASSESSED UPON OR IN RESPECT OF THE TRUST HEREUNDER OR THE
INCOME THEREOF, AND SHALL EQUITABLY ALLOCATE THE SAME AMONG THE SEVERAL
PARTICIPANTS AND FORMER PARTICIPANTS.
D-1
APPENDIX E
OPTIONAL FORMS OF DISTRIBUTION
Subject to Sections 5.04, 5.07 and 5.08 of the Plan, in addition to the forms of
distribution available under Section 5.03 of the Plan, the optional forms of
distributions set forth below shall be available on and after the date on which
the Sponsor elects to treat the Plan and the Quanex Corporation Salaried
Employees' Pension Plan as one plan for purposes of section 410(b) of the Code: