herein."
4.
SECTION 13 OF THE TRUST AGREEMENT IS AMENDED TO READ IN ITS ENTIRETY
AS FOLLOWS:
"Section 13.
Trustee Responsibility Regarding Payments to Trust Beneficiary
When an Employer Is Insolvent.
(A)
THE TRUSTEE SHALL CEASE PAYMENT OF BENEFITS TO OR ON BEHALF OF A
PARTICIPANT AND HIS OR HER BENEFICIARIES IF THE PARTICIPANT'S EMPLOYER IS
INSOLVENT.
AN EMPLOYER SHALL BE CONSIDERED "INSOLVENT" FOR PURPOSES OF THIS
TRUST AGREEMENT IF (I) THE EMPLOYER IS UNABLE TO PAY ITS DEBTS AS THEY BECOME
DUE, OR (II) THE EMPLOYER IS SUBJECT TO A PENDING PROCEEDING AS A DEBTOR UNDER
THE UNITED STATES BANKRUPTCY CODE.
(B)
AT ALL TIMES DURING THE CONTINUANCE OF THIS TRUST, THE PRINCIPAL AND
INCOME OF THE TRUST ATTRIBUTABLE TO A PARTICIPANT SHALL BE SUBJECT TO CLAIMS OF
GENERAL CREDITORS THE PARTICIPANT'S EMPLOYER UNDER APPLICABLE LAW AS SET FORTH
BELOW.
(I)
THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OF THE SPONSOR
SHALL HAVE THE DUTY TO INFORM THE TRUSTEE IN WRITING OF AN EMPLOYER'S
INSOLVENCY.
IF A PERSON CLAIMING TO BE A CREDITOR OF AN EMPLOYER ALLEGES IN
WRITING TO THE TRUSTEE THAT THE EMPLOYER HAS BECOME INSOLVENT, THE TRUSTEE SHALL
DETERMINE WHETHER THE EMPLOYER IS INSOLVENT AND, PENDING SUCH DETERMINATION, THE
TRUSTEE SHALL DISCONTINUE PAYMENT OF BENEFITS TO THE PARTICIPANTS (OR THEIR
BENEFICIARIES) WHO ARE EMPLOYED BY THE EMPLOYER.
(II)
UNLESS THE TRUSTEE HAS ACTUAL KNOWLEDGE OF AN EMPLOYER'S INSOLVENCY,
OR HAS RECEIVED NOTICE FROM THE SPONSOR OR A PERSON CLAIMING TO BE A CREDITOR
ALLEGING THAT AN EMPLOYER IS INSOLVENT, THE TRUSTEE SHALL HAVE NO DUTY TO
INQUIRE WHETHER AN EMPLOYER IS INSOLVENT.
THE TRUSTEE MAY IN ALL EVENTS RELY ON
SUCH EVIDENCE CONCERNING AN EMPLOYER'S SOLVENCY AS MAY BE FURNISHED TO THE
TRUSTEE AND THAT PROVIDES THE TRUSTEE WITH A REASONABLE BASIS FOR MAKING A
DETERMINATION CONCERNING THE EMPLOYER'S SOLVENCY.
(III)
IF AT ANY TIME THE TRUSTEE HAS DETERMINED THAT THE EMPLOYER OF A
PARTICIPANT IS INSOLVENT, THE TRUSTEE SHALL DISCONTINUE PAYMENT TO THE
PARTICIPANT OR HIS OR HER BENEFICIARY AND SHALL HOLD THE ASSETS OF THE TRUST
ATTRIBUTABLE TO SUCH PARTICIPANT FOR THE BENEFIT OF THE EMPLOYER'S GENERAL
CREDITORS.
NOTHING IN THIS TRUST AGREEMENT SHALL IN ANY WAY DIMINISH ANY RIGHTS
OF THE PARTICIPANTS OR THEIR BENEFICIARIES TO PURSUE THEIR RIGHTS AS GENERAL
CREDITORS OF THEIR EMPLOYER OR ARCH CAPITAL GROUP LTD. WITH RESPECT TO BENEFITS
DUE UNDER THE PLAN OR OTHERWISE.
(IV)
THE TRUSTEE SHALL RESUME THE PAYMENT OF BENEFITS TO THE PARTICIPANTS
OR THEIR BENEFICIARIES IN ACCORDANCE WITH THIS TRUST AGREEMENT ONLY AFTER THE
TRUSTEE HAS DETERMINED THAT THE PARTICIPANT'S EMPLOYER IS NOT INSOLVENT (OR IS
NO LONGER INSOLVENT).
(C)
PROVIDED THAT THERE ARE SUFFICIENT ASSETS, IF THE TRUSTEE DISCONTINUES
THE PAYMENT OF BENEFITS FROM THE TRUST PURSUANT TO SECTION 13(B) HEREOF AND
SUBSEQUENTLY RESUMES SUCH PAYMENTS, THE FIRST PAYMENT FOLLOWING SUCH
DISCONTINUANCE SHALL INCLUDE THE AGGREGATE AMOUNT OF ALL PAYMENTS DUE TO THE
PARTICIPANTS OR THEIR BENEFICIARIES UNDER THE TERMS OF THE PLAN FOR THE PERIOD
OF SUCH