EX-99.12 12 d14719exv99w12.txt AMENDMENT NO 1 TO SUPPLEMENTAL PROFIT SHARING PLAN EXHIBIT 99.12 AMENDMENT NO. 1 TO SUPPLEMENTAL PROFIT SHARING PLAN FOR EMPLOYEES OF TRINITY INDUSTRIES, INC. AND CERTAIN AFFILIATES AS RESTATED EFFECTIVE JANUARY 1, 2000 WHEREAS, TRINITY INDUSTRIES, INC. (the "Company") has heretofore adopted, for the benefit of certain executive and managerial employees, the SUPPLEMENTAL PROFIT SHARING PLAN FOR EMPLOYEES OF TRINITY INDUSTRIES, INC. AND CERTAIN AFFILIATES, AS RESTATED EFFECTIVE JANUARY 1, 2000, (the "Plan"); and WHEREAS, pursuant to Article X of the Plan, the Company desires to amend the Plan in certain particulars. NOW, THEREFORE, the Plan is hereby amended in the following respects: Effective March 8, 2001, the second sentence of Article 4.01(d) is amended to add the following to the end of the sentence: ; provided further, the Board of Directors or the Human Resources Committee of the Board of Directors, in its discretion, may elect to waive the earnings requirement. IN WITNESS WHEREOF, the Company has executed this Amendment No 1. on the 9 day of March, 2001, effective as of March 8, 2001. TRINITY INDUSTRIES, INC. By: /s/ M.J. Lintner ------------------------------------ Title: Vice President ATTEST: /s/ Michael Fortado