Common use of Discretionary Contributions Clause in Contracts

Discretionary Contributions. Discretionary Contributions according to a formula, or in an amount, specified by the Plan Sponsor in a Form acceptable to, and subject to rules established by, the Administrator (which may include Discretionary Contributions in a decimal percentage of such Participant’s Compensation and/or in a flat amount per Participant) with respect to a Plan Year Contribution Period that the Plan Sponsor: (i) declares in writing to the Administrator and its Participants not later than May 1 following such Plan Year (or such other date that is specified by the Administrator); and (ii) remits to the Administrator by June 15 following such Plan Year (or such other date that is specified by the Administrator and permissible under applicable law and Regulations); subject to the following and any rules established by the Administrator: (A) if a person was a Participant in the Plan with respect to such Plan Sponsor at some point during such Plan Year but was not a Participant in the Plan with respect to such Plan Sponsor at the end of such Plan Year, then: (I) such person will receive a pro-rated portion of any such Discretionary Contribution, based on his or her Compensation received for such Plan Year while he or she was a Participant in the Plan with respect to such Plan Sponsor; (II) the Administrator will reestablish any necessary Accounts in the Plan for such person to the extent necessary (and such person will again become a Participant in the Plan with respect to such Plan Sponsor if such participation had ended); and (III) if the Participant (or his or her Beneficiary) previously received a distribution of his or her entire Account Balance under the Plan, the Administrator (presuming such Participant still qualifies for a distribution) will distribute the newly established Account Balance to such Participant as soon as is practicable in the same form as the immediately previous distribution (unless such Participant refuses the further distribution at that time); and (B) Discretionary Contributions will not be made to any person or Participant in excess of the limits in Section 6 and will not be deemed earned to the extent that they exceed the limits in Section 6 for any Limitation Year. Although Discretionary Contributions will be determined annually as described above, a Plan Sponsor may elect Discretionary Contributions on its Adoption Agreement on either an annual basis or an open-ended, evergreen basis (subject to discontinuance as elected by the Plan Sponsor and/or in accordance with rules made by the Administrator). If a Plan Sponsor has elected Discretionary Contributions on its Adoption Agreement but has not satisfied either subsection (d)(i) or (ii) above for any Plan Year Contribution Period and has not previously elected Discretionary Contributions on an open-ended, evergreen basis, then it will be presumed that the Plan Sponsor has elected a 0% Discretionary Contribution for that Plan Year Contribution Period.

Discretionary Contributions. Discretionary Contributions according may be made for each Plan Year in an amount determined by the Employer. Discretionary Contributions and Forfeitures, if applicable, shall be allocated for the Plan Year. The amount allocated shall be equal to a formulathe amount determined in (a), (b), (c), (d), or (e) below. (Select (a), (b), (c), (d), or (e). Select (f), (g), or (h), if applicable.) NOTE: Additional selections to this Item may be made in an amount, specified by Item G of the Plan Sponsor in a Form acceptable to, Additional Selections and subject to rules established by, the Administrator (which may include Discretionary Contributions in a decimal percentage of such Participant’s Compensation and/or in a flat amount per Participant) with respect to a Plan Year Contribution Period that the Plan Sponsor: Minor Modifications Addendum if (i) declares is selected below. a) x COMPENSATION FORMULA. PROVIDE TOP-HEAVY MINIMUM CONTRIBUTION. Discretionary Contributions shall be allocated to provide the top-heavy minimum contribution under Plan Section 11.04, unless otherwise specified in writing (f) below. In years in which the Plan is a Top-heavy Plan, as defined in Plan Section 11.02, and the minimum contribution under Plan Section 11.04 is not being provided by other contributions to this Plan or another plan of the Employer, the allocation shall be made to each person meeting the requirements in Item R and each person entitled to a minimum contribution under Plan Section 11.04. In all other years, the allocation shall be made for each person meeting the requirements in Item R. The amount allocated shall be equal to the Administrator Discretionary Contributions multiplied by the ratio of such person’s Annual Compensation to the total Annual Compensation for all such persons. The allocation for any person who does not meet the requirements in Item R shall be limited to the amount necessary to fund the minimum contribution. In years in which the Plan is a Top-heavy Plan, the minimum contribution under Plan Section 11.04 is not being provided by other contributions to this Plan or another plan of the Employer, and its Participants not later than May 1 following such Plan Year the allocation described above (or such other date that is specified by any subsequent allocation described below) would provide an allocation for any person less than the Administrator); and (ii) remits to the Administrator by June 15 following such Plan Year (or such other date that is specified by the Administrator and permissible under applicable law and Regulations); subject to the following and any rules established by the Administrator: (A) if a person was a Participant in the Plan with respect to such Plan Sponsor at some point during such Plan Year but was not a Participant in the Plan with respect to such Plan Sponsor at the end of such Plan Year, then: (I) such person will receive a pro-rated portion of any such Discretionary Contribution, based on his or her Compensation received for such Plan Year while he or she was a Participant in the Plan with respect to such Plan Sponsor; (II) the Administrator will reestablish any necessary Accounts in the Plan minimum contribution required for such person under Plan Section 11.04, such minimum contribution shall first be allocated to the extent necessary (and all such person will again become a Participant in the Plan with respect to such Plan Sponsor if such participation had ended); and (III) if the Participant (or his or her Beneficiary) previously received a distribution of his or her entire Account Balance under the Plan, the Administrator (presuming such Participant still qualifies for a distribution) will distribute the newly established Account Balance to such Participant as soon as is practicable in the same form as the immediately previous distribution (unless such Participant refuses the further distribution at that time); and (B) Discretionary Contributions will not be made to persons. Then any person or Participant in excess of the limits in Section 6 and will not be deemed earned to the extent that they exceed the limits in Section 6 for any Limitation Year. Although Discretionary Contributions will be determined annually as described above, a Plan Sponsor may elect Discretionary Contributions on its Adoption Agreement on either an annual basis or an open-ended, evergreen basis (subject to discontinuance as elected by the Plan Sponsor and/or in accordance with rules made by the Administrator). If a Plan Sponsor has elected Discretionary Contributions on its Adoption Agreement but has not satisfied either subsection (d)(i) or (ii) above for any Plan Year Contribution Period and has not previously elected Discretionary Contributions on an open-ended, evergreen basis, then it will be presumed that the Plan Sponsor has elected a 0% Discretionary Contribution for that Plan Year Contribution Period.amount remaining

Discretionary Contributions. Discretionary Contributions, if any, for each Plan Year shall be in such form (i.e. cash, or Company Stock) and such amount as the Board, in its sole discretion, may direct; provided however, that the Discretionary Contributions according shall not be less than the amount equal to a formula, or in an amount, specified the product of: (a) the amount required to fully amortize any outstanding Exempt Loan; minus (b) the amount already contributed by the Plan Sponsor Employer as Matching Contributions pursuant to Section 4.02. However, in a Form acceptable to, no event will the total of Matching Contributions and subject to rules established by, the Administrator (which may include Discretionary Contributions in a decimal percentage exceed the maximum amount deductible from the Employer’s income for such taxable year under Sections 404(a)(3)(A) and 404(a)(9) of such Participant’s Compensation and/or in a flat amount per Participant) with respect to a Plan Year Contribution Period that the Plan Sponsor: Code, including any amounts carried over under Section 404 of the Code. Discretionary Contributions shall: (i) declares if made in writing cash, be allocated to the Administrator Other Investments Accounts of Participants’ Employer Contribution Accounts; and its Participants not later than May 1 following such Plan Year (or such other date that is specified by the Administrator); and (ii) remits if made in Company Stock, be allocated to the Administrator by June 15 following such Company Stock Accounts of Participants’ Employer Contribution Accounts. Discretionary Contributions shall be allocated as of the last day of the Plan Year (or such other date that is specified among all Participants who are employed by an Employer on the Administrator and permissible under applicable law and Regulations); subject to the following and any rules established by the Administrator: (A) if a person was a Participant in the Plan with respect to such Plan Sponsor at some point during such Plan Year but was not a Participant in the Plan with respect to such Plan Sponsor at the end last day of such Plan Year, then: (I) such person will receive a pro-rated portion of any such Discretionary Contribution, based on his or her Compensation received for such Plan Year while he or she was a Participant in the Plan with respect to such Plan Sponsor; (II) the Administrator will reestablish any necessary Accounts in the Plan for such person to the extent necessary (and such person will again become a Participant in the Plan with respect to such Plan Sponsor if such participation had ended); and (III) if the Participant (or his or her Beneficiary) previously received a distribution of his or her entire Account Balance under the Plan, the Administrator (presuming such Participant still qualifies for a distribution) will distribute the newly established Account Balance to such Participant as soon as is practicable in the same form as the immediately previous distribution (unless such Participant refuses the further distribution at that time); and (B) Discretionary Contributions will not be made to any person or Participant in excess of the limits in Section 6 and will not be deemed earned to the extent that they exceed the limits in Section 6 for any Limitation Year. Although Discretionary Contributions will be determined annually as described above, a Plan Sponsor may elect Discretionary Contributions on its Adoption Agreement on either an annual basis or an open-ended, evergreen basis (subject to discontinuance as elected by the Plan Sponsor and/or in accordance with rules made by the Administrator). If a Plan Sponsor has elected Participant who is an Eligible Employee ceases to be an Eligible Employee or is transferred from an Employer to a non-adopting Affiliated Company, he shall not participate in the allocation of Discretionary Contributions on its Adoption Agreement but has not satisfied either subsection (d)(i) or (ii) above for any the Plan Year Contribution Period in which the cessation or transfer took place. If an Employee transfers to an adopting Employer, such Employee shall become an Eligible Employee and has not previously elected Discretionary Contributions on eligible to receive an open-ended, evergreen basis, then it will be presumed that allocation pursuant to the Plan Sponsor has elected a 0% Discretionary Contribution for that Plan Year Contribution Periodterms of this Section 4.12.

Discretionary Contributions. The Discretionary Contributions, if any, for each Plan Year shall be in such form (i.e. cash, or Company Stock) and such amount as the Board, in its sole discretion, may direct; provided however, that the Discretionary Contributions according shall not be less than the amount equal to a formula, or in an amount, specified by the Plan Sponsor in a Form acceptable to, and subject to rules established by, the Administrator (which may include Discretionary Contributions in a decimal percentage of such Participant’s Compensation and/or in a flat amount per Participant) with respect to a Plan Year Contribution Period that the Plan Sponsorproduct of: (a) the amount required to fully amortize any outstanding Exempt Loan; minus (b) the amount already contributed by the Employer as Matching Contributions pursuant to SECTION 4.02. However, in no event will the total of Matching Contributions and Discretionary Contributions exceed the maximum amount deductible from the Employer's income for such taxable year under Sections 404(a)(3)(A) and 404(a)(9) of the Code, including any amounts carried over under Section 404 of the Code. Discretionary Contributions shall: (i) declares if made in writing cash, be allocated to the Administrator Other Investments Accounts of Participants' Employer Contribution Account; and its Participants not later than May 1 following such Plan Year (or such other date that is specified by the Administrator); and (ii) remits if made in Company Stock, be allocated to the Administrator by June 15 following such Company Stock Accounts of Participants' Employer Contribution Accounts. Discretionary Contributions shall be allocated as of the last day of the Plan Year (or such other date that is specified among all Participants who are employed by an Employer on the Administrator and permissible under applicable law and Regulations); subject to the following and any rules established by the Administrator: (A) if a person was a Participant in the Plan with respect to such Plan Sponsor at some point during such Plan Year but was not a Participant in the Plan with respect to such Plan Sponsor at the end last day of such Plan Year, then: (I) such person will receive a pro-rated portion of any such Discretionary Contribution, based on his or her Compensation received for such Plan Year while he or she was a Participant in the Plan with respect to such Plan Sponsor; (II) the Administrator will reestablish any necessary Accounts in the Plan for such person to the extent necessary (and such person will again become a Participant in the Plan with respect to such Plan Sponsor if such participation had ended); and (III) if the Participant (or his or her Beneficiary) previously received a distribution of his or her entire Account Balance under the Plan, the Administrator (presuming such Participant still qualifies for a distribution) will distribute the newly established Account Balance to such Participant as soon as is practicable in the same form as the immediately previous distribution (unless such Participant refuses the further distribution at that time); and (B) Discretionary Contributions will not be made to any person or Participant in excess of the limits in Section 6 and will not be deemed earned to the extent that they exceed the limits in Section 6 for any Limitation Year. Although Discretionary Contributions will be determined annually as described above, a Plan Sponsor may elect Discretionary Contributions on its Adoption Agreement on either an annual basis or an open-ended, evergreen basis (subject to discontinuance as elected by the Plan Sponsor and/or in accordance with rules made by the Administrator). If a Plan Sponsor has elected Participant who is an Eligible Employee ceases to be an Eligible Employee or is transferred from an Employer to a non-adopting Affiliated Company, he shall not participate in the allocation of Discretionary Contributions on its Adoption Agreement but has not satisfied either subsection (d)(i) or (ii) above for any the Plan Year Contribution Period in which the cessation or transfer took place. If an Employee transfers to an adopting Employer, such Employee shall become an Eligible Employee and has not previously elected Discretionary Contributions on eligible to receive an open-ended, evergreen basis, then it will be presumed that allocation pursuant to the Plan Sponsor has elected a 0% Discretionary Contribution for that Plan Year Contribution Periodterms of this SECTION 4.12.

Discretionary Contributions. Discretionary Contributions according to a formula, or in an amount, specified by the Plan Sponsor in a Form acceptable to, and subject to rules established by, the Administrator (which may include Discretionary Contributions in a decimal percentage of such Participant’s Compensation and/or in a flat amount per Participant) with respect to a Plan Year Contribution Period that the Plan Sponsor: (i) declares in writing to the Administrator and its Participants not later than May 1 following such Plan Year (or such other date that is specified by the Administrator); and (ii) remits to the Administrator by June 15 following such Plan Year (or such other date that is specified by the Administrator and permissible under applicable law and Treasury Regulations); subject to the following and any rules established by the Administrator: (A) if a person was a Participant in the Plan with respect to such Plan Sponsor at some point during such Plan Year but was not a Participant in the Plan with respect to such Plan Sponsor at the end of such Plan Year, then: (I) such person will receive a pro-rated portion of any such Discretionary Contribution, based on his or her Compensation received for such Plan Year while he or she was a Participant in the Plan with respect to such Plan Sponsor; (II) the Administrator will reestablish any necessary Accounts in the Plan for such person to the extent necessary (and such person will again become a Participant in the Plan with respect to such Plan Sponsor if such participation had ended); and (III) if the Participant (or his or her Beneficiary) previously received a distribution of his or her entire Account Balance under the Plan, the Administrator (presuming such Participant still qualifies for a distribution) will distribute the newly established Account Balance to such Participant as soon as is practicable in the same form as the immediately previous distribution (unless such Participant refuses the further distribution at that time); and (B) Discretionary Contributions will not be made to any person or Participant in excess of the limits in Section 6 and will not be deemed earned to the extent that they exceed the limits in Section 6 for any Limitation Year. Although Discretionary Contributions will be determined annually as described above, a Plan Sponsor may elect Discretionary Contributions on its Adoption Agreement on either an annual basis or an open-ended, evergreen basis (subject to discontinuance as elected by the Plan Sponsor and/or in accordance with rules made by the Administrator). If a Plan Sponsor has elected Discretionary Contributions on its Adoption Agreement but has not satisfied either subsection (d)(i) or (ii) above for any Plan Year Contribution Period and has not previously elected Discretionary Contributions on an open-ended, evergreen basis, then it will be presumed that the Plan Sponsor has elected a 0% Discretionary Contribution for that Plan Year Contribution Period.

Discretionary Contributions. If selected below, the Primary Employer may, in its sole discretion, determine the Discretionary Contributions according Matching Contribution applicable to all Employers equal to such a dollar amount or percentage of Elective Deferral and/or Employee After-Tax Contributions, as determined by the Primary Employer, which shall be allocated (select all that apply): (a) in an amount equal to a formula, discretionary percentage or in an amount, specified amount of each Participant's Elective Deferral and/or Employee After-Tax Contributions to be determined by the Employer for each Plan Sponsor in a Form acceptable toYear. ¨ (b) based on the ratio of each Participant's Elective Deferral and/or Employee After-Tax Contributions for the Plan Year to the total Elective Deferral and/or Employee After-Tax Contributions of all Participants for the Plan Year. If selected, and Matching Contributions shall be subject to rules established by, the Administrator a maximum amount of (which may include Discretionary Contributions in a decimal percentage of such Participant’s Compensation and/or in a flat amount per Participant) with respect to a Plan Year Contribution Period that the Plan Sponsor: select one if applicable): ¨ (i) declares in writing to the Administrator and its Participants not later than May 1 following such Plan Year (or such other date that is specified by the Administrator); and $ for each Participant. ¨ (ii) remits % of each Participant's Plan Compensation. ¨ (c) in an amount up to ______% or $______of each Participant's first ______% or ______$of Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. If any Matching Contribution remains, such amount shall be allocated to each such Participant in an amount up to____% or $____of the Administrator by June 15 following next____% or $_____of each Participant's Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. If any Matching Contribution remains after the application of the preceding sentence, such amount shall be allocated to each such Participant in an amount up to % or $_____of the next____% or $_____of each Participant's Plan Year (or Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. Any remaining Matching Contribution shall be allocated to each such other date that is specified by the Administrator and permissible under applicable law and Regulations); subject to the following and any rules established by the Administrator: (A) if a person was a Participant in the Plan with respect to ratio that such Plan Sponsor at some point during such Plan Year but was not a Participant in the Plan with respect to such Plan Sponsor at the end of such Plan Year, then: (I) such person will receive a proParticipant's Elective Deferral and/or Employee After-rated portion of any such Discretionary Contribution, based on his or her Compensation received for such Plan Year while he or she was a Participant in the Plan with respect to such Plan Sponsor; (II) the Administrator will reestablish any necessary Accounts in the Plan for such person Tax Contributions bear to the extent necessary (and total Elective Deferral and/or Employee After-Tax Contributions of all such person will again become a Participant in the Plan with respect to such Plan Sponsor if such participation had ended); and (III) if the Participant (or his or her Beneficiary) previously received a distribution of his or her entire Account Balance under the PlanParticipants. If selected, the Administrator (presuming such Participant still qualifies for a distribution) will distribute the newly established Account Balance to such Participant as soon as is practicable in the same form as the immediately previous distribution (unless such Participant refuses the further distribution at that time); and (B) Discretionary Matching Contributions will not shall be made to any person or Participant in excess of the limits in Section 6 and will not be deemed earned to the extent that they exceed the limits in Section 6 for any Limitation Year. Although Discretionary Contributions will be determined annually as described above, a Plan Sponsor may elect Discretionary Contributions on its Adoption Agreement on either an annual basis or an open-ended, evergreen basis (subject to discontinuance as elected by the Plan Sponsor and/or in accordance with rules made by the Administrator)a maximum amount of (select one if applicable): ¨ (i) $ for each Participant. If a Plan Sponsor has elected Discretionary Contributions on its Adoption Agreement but has not satisfied either subsection (d)(i) or ¨ (ii) above for any % of each Participant's Plan Year Contribution Period and has not previously elected Discretionary Contributions on an open-ended, evergreen basis, then it will be presumed that the Plan Sponsor has elected a 0% Discretionary Contribution for that Plan Year Contribution PeriodCompensation.

Discretionary Contributions. If selected below, the Primary Employer may, in its sole discretion, determine the Discretionary Contributions according Matching Contribution applicable to all Employers equal to such a dollar amount or percentage of Elective Deferral and/or Employee After-Tax Contributions, as determined by the Primary Employer, which shall be allocated (select all that apply): (a) in an amount equal to a formula, discretionary percentage or in an amount, specified amount of each Participant's Elective Deferral and/or Employee After-Tax Contributions to be determined by the Employer for each Plan Sponsor in a Form acceptable toYear. ¨ (b) based on the ratio of each Participant's Elective Deferral and/or Employee After-Tax Contributions for the Plan Year to the total Elective Deferral and/or Employee After-Tax Contributions of all Participants for the Plan Year. If selected, and Matching Contributions shall be subject to rules established by, the Administrator a maximum amount of (which may include Discretionary Contributions in a decimal percentage of such Participant’s Compensation and/or in a flat amount per Participant) with respect to a Plan Year Contribution Period that the Plan Sponsor: select one if applicable): ¨ (i) declares in writing to the Administrator and its Participants not later than May 1 following such Plan Year (or such other date that is specified by the Administrator); and $ for each Participant. ¨ (ii) remits % of each Participant's Plan Compensation. þ (c) in an amount up to 50 % or $ of each Participant's first 6 % or $ of Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. If any Matching Contribution remains, such amount shall be allocated to each such Participant in an amount up to % or $ of the Administrator by June 15 following next % or $ of each Participant's Plan Compensation contributed as ElectiveDeferraland/or Employee After-Tax Contributions. If any Matching Contribution remains after the application of the preceding sentence, such amount shall be allocated to each such Participant in an amount up to % or $ of the next % or $____ of each Participant's Plan Year (or Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. Any remaining Matching Contribution shall be allocated to each such other date that is specified by the Administrator and permissible under applicable law and Regulations); subject to the following and any rules established by the Administrator: (A) if a person was a Participant in the Plan with respect to ratio that such Plan Sponsor at some point during such Plan Year but was not a Participant in the Plan with respect to such Plan Sponsor at the end of such Plan Year, then: (I) such person will receive a proParticipant's Elective Deferral and/or Employee After-rated portion of any such Discretionary Contribution, based on his or her Compensation received for such Plan Year while he or she was a Participant in the Plan with respect to such Plan Sponsor; (II) the Administrator will reestablish any necessary Accounts in the Plan for such person Tax Contributions bear to the extent necessary (and total Elective Deferral and/or Employee After-Tax Contributions of all such person will again become a Participant in the Plan with respect to such Plan Sponsor if such participation had ended); and (III) if the Participant (or his or her Beneficiary) previously received a distribution of his or her entire Account Balance under the PlanParticipants. If selected, the Administrator (presuming such Participant still qualifies for a distribution) will distribute the newly established Account Balance to such Participant as soon as is practicable in the same form as the immediately previous distribution (unless such Participant refuses the further distribution at that time); and (B) Discretionary Matching Contributions will not shall be made to any person or Participant in excess of the limits in Section 6 and will not be deemed earned to the extent that they exceed the limits in Section 6 for any Limitation Year. Although Discretionary Contributions will be determined annually as described above, a Plan Sponsor may elect Discretionary Contributions on its Adoption Agreement on either an annual basis or an open-ended, evergreen basis (subject to discontinuance as elected by the Plan Sponsor and/or in accordance with rules made by the Administrator)a maximum amount of (select one if applicable): ¨ (i) $ for each Participant. If a Plan Sponsor has elected Discretionary Contributions on its Adoption Agreement but has not satisfied either subsection (d)(i) or ¨ (ii) above for any % of each Participant's Plan Year Contribution Period and has not previously elected Discretionary Contributions on an open-ended, evergreen basis, then it will be presumed that the Plan Sponsor has elected a 0% Discretionary Contribution for that Plan Year Contribution PeriodCompensation.