OR DAMAGES, DUE OR OWING TO OR FROM THE TRUST.
4.2.6.
SUBJECT TO SECTION 7 HEREOF, TO EXERCISE, PERSONALLY OR BY GENERAL
OR LIMITED POWER OF ATTORNEY, ANY RIGHT, INCLUDING THE RIGHT TO VOTE,
APPURTENANT TO ANY SECURITIES OR OTHER SUCH PROPERTY, SOLELY AS DIRECTED BY THE
COMMITTEE.
4.2.7.
TO HOLD CASH AWAITING INVESTMENT UNINVESTED, AND TO MAINTAIN SUCH
ADDITIONAL CASH BALANCES AS IT SHALL DEEM REASONABLE OR NECESSARY TO MEET
ANTICIPATED CASH DISTRIBUTIONS FROM OR ADMINISTRATIVE COSTS OF THE TRUST,
NOTWITHSTANDING THAT THE TRUSTEE OR A RELATED ENTITY MAY DIRECTLY OR INDIRECTLY
BENEFIT FROM ANY "FLOAT" THAT ACCRUES DURING SUCH PERIOD.
4.2.8.
TO HOLD CASH UNINVESTED, IN SUCH AMOUNTS AND FOR SUCH TIMES AS THE
TRUSTEE IN ITS DISCRETION DEEMS REASONABLE OR NECESSARY UNDER THE CIRCUMSTANCES,
DURING ANY PERIOD IN WHICH AN INVESTMENT OR DISTRIBUTION TRANSACTION OR ANY
COMPARABLE TRANSACTION IS PENDING, WITHOUT INCURRING LIABILITY FOR PAYMENT OF
INTEREST THEREON, AND TO INVEST CASH OR OTHER ASSETS AT WELLS FARGO BANK, N.A.,
OR ANOTHER BANK AND TRUST COMPANY OR NATIONAL BANKING ASSOCIATION IN ANY TYPE OF
INTEREST-BEARING INVESTMENT, INCLUDING, WITHOUT LIMITATION, DEPOSIT ACCOUNTS,
CERTIFICATES OF DEPOSIT AND REPURCHASE AGREEMENTS, NOTWITHSTANDING THAT THE
TRUSTEE OR A RELATED ENTITY MAY DIRECTLY OR INDIRECTLY BENEFIT FROM ANY "FLOAT"
THAT ACCRUES DURING SUCH PERIOD.
6
4.2.9.
TO FORM CORPORATIONS OR PARTNERSHIPS AND TO CREATE TRUSTS TO HOLD
TITLE TO ANY CASH OR OTHER ASSETS CONSTITUTING THE TRUST FUND, UPON SUCH TERMS
AND CONDITIONS AS MAY BE DEEMED ADVISABLE.
4.2.10.
TO ENGAGE LEGAL COUNSEL, INCLUDING (EXCEPT FOLLOWING THE OCCURRENCE
OF A CHANGE IN CONTROL) COUNSEL TO THE COMPANY, OR ANY OTHER SUITABLE AGENTS, TO
CONSULT WITH SUCH COUNSEL OR AGENTS WITH RESPECT TO THE IMPLEMENTATION OR
CONSTRUCTION OF THIS TRUST AGREEMENT, THE DUTIES OF THE TRUSTEE HEREUNDER, THE
TRANSACTIONS CONTEMPLATED BY THIS TRUST AGREEMENT OR ANY ACT WHICH THE TRUSTEE
PROPOSES TO TAKE OR OMIT, TO RELY UPON THE ADVICE OF SUCH COUNSEL OR AGENTS, AND
TO PAY ANY SUCH COUNSEL'S OR AGENT'S REASONABLE FEES, EXPENSES AND COMPENSATION.
4.2.11.
TO REGISTER OR HOLD ANY SECURITIES OR OTHER PROPERTY HELD BY IT IN
ITS OWN NAME OR OF ITS NOMINEE OR IN THE NAME OF ANY AFFILIATE OR OF ITS NOMINEE
OR IN THE NAME OF ANY CUSTODIAN OF SUCH PROPERTY OR OF ITS NOMINEE, INCLUDING
THE NOMINEE OF ANY SYSTEM FOR THE CENTRAL HANDLING OF SECURITIES, WITH OR
WITHOUT THE ADDITION OF WORDS INDICATING THAT SUCH SECURITIES ARE HELD IN A
FIDUCIARY CAPACITY, TO DEPOSIT OR ARRANGE FOR THE DEPOSIT OF ANY SUCH SECURITIES
WITH SUCH A SYSTEM AND TO HOLD ANY SECURITIES IN BEARER FORM.
4.2.12.
TO MAKE, EXECUTE AND DELIVER, AS TRUSTEE, ANY AND ALL DEEDS, LEASES,
NOTES, BONDS, GUARANTEES, MORTGAGES, CONVEYANCES, CONTRACTS, WAIVERS, RELEASES
OR OTHER INSTRUMENTS IN WRITING THAT ARE NECESSARY OR PROPER FOR THE
ACCOMPLISHMENT OF ANY OF THE FOREGOING POWERS.
4.2.13.
TO TAKE ALL ACTION NECESSARY TO SETTLE AUTHORIZED TRANSACTIONS,
INCLUDING EXERCISING THE POWER TO BORROW OR RAISE MONEY FROM ANY LENDER, WHICH
MAY BE THE TRUSTEE