AMENDMENT NUMBER EIGHTEEN

EX-10.S 2 dex10s.htm AMENDMENT NUMBER 18 DATED JUNE 29, 2005 TO THE TRUST AGREEMENT Amendment Number 18 dated June 29, 2005 to the Trust Agreement

Exhibit 10(s)

 

AMENDMENT NUMBER EIGHTEEN

 

TO

 

GRANTOR TRUST AGREEMENT

 

THIS AGREEMENT, made as of the 29th day of June, 2005 by and between THE BANK OF NEW YORK COMPANY, INC., a corporation organized and existing under the laws of the State of New York (hereinafter referred to as the “Company”), and JPMORGAN CHASE BANK (formerly known as THE CHASE MANHATTAN BANK), a corporation organized and existing under the laws of the New York (hereinafter referred to as the “Trustee”).

 

W I T N E S S E T H :

 

WHEREAS, the Company and the Trustee entered into a Grantor Trust Agreement dated as of November 16, 1993 (as amended from time to time, the “Agreement”);

 

WHEREAS, Article TWELFTH of the Agreement provides that the Company may amend the Agreement; and

 

WHEREAS, the Company desires to amend the Agreement;

 

NOW, THEREFORE, the Company and the Trustee agree as follows, effective June 29, 2005:

 

Exhibit I to the Agreement is amended by deleting Exhibit I in its entirety and substituting therefor Exhibit I in the form attached hereto.

 

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in their respective names by their duly authorized officers under their corporate seals as of the day and year first above written.

 

ATTEST:      

THE BANK OF NEW YORK COMPANY, INC.

/s/ Patricia A. Bicket       By:  

/s/ Thomas J. Mastro

               

Name: Thomas J. Mastro

               

Title: Comptroller

 

ATTEST:      

JPMORGAN CHASE BANK

/s/ Charles Allyson       By:  

/s/ Mark Pensec

               

Name: Mark Pensec

               

Title: Vice President


EXHIBIT I

 

1. The Bank of New York Company, Inc. Excess Benefit Plan

 

2. The Bank of New York Company, Inc. Supplemental Executive Retirement Plan

 

3. Severance Agreements between The Bank of New York Company, Inc. and the following persons:

 

  Individual  


    

Date of Agreement        


Thomas P. Gibbons

    

July 11, 2000

Leslie V. Godridge

    

July 11, 2000

Gerald L. Hassell

    

July 11, 2000

John M. Liftin

    

July 1, 2005

Donald R. Monks

    

July 11, 2000

Charles E. Rappold II

    

September 30, 2000

Thomas A. Renyi

    

July 11, 2000

Brian G. Rogan

    

July 11, 2000

Bruce W. Van Saun

    

July 11, 2000

Joseph M. Velli

    

July 11, 2000

Kurt D. Woetzel

    

July 8, 2003