Common use of Disposition of Excess Amount Clause in Contracts

Disposition of Excess Amount. If, pursuant to Section 3.07(A), or because of the allocation of forfeitures, there is an Excess Amount with respect to a Participant for a Limitation Year, the Advisory Committee will dispose of such Excess Amount as follows: (a) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Participant to the extent the return would reduce the Excess Amount. (b) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the suspense account to reduce Employer Contributions (including allocation of forfeitures) for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d) The Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Participants.

Disposition of Excess Amount. If, pursuant to Section 3.07(A3.03(A), or because of the allocation of forfeitures, there is an Excess Amount with respect to a Participant in the Plan for a Limitation Year, the Advisory Committee will dispose of such Excess Amount as follows: (a) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Participant to the extent that the return would reduce the Excess Amount. (b) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the suspense account to reduce Employer Contributions contributions (including allocation of forfeitures) for all remaining Participants in the Plan in the next Limitation Year, and in each succeeding Limitation Year if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d) The Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Participants.

Disposition of Excess Amount. If, pursuant to Section 3.07(A), or because of the allocation of forfeitures, there is an Excess Amount with respect to a Participant for a Limitation Year, the Advisory Committee will dispose of such Excess Amount as follows: (a) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Participant to the extent that the return would reduce the Excess Amount. (b) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the suspense account to reduce Employer Contributions (including allocation of forfeitures) for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d) The Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Participants.

Disposition of Excess Amount. If, pursuant to Section 3.07(A)because of a determination of the Participant's actual Compensation, or because of the allocation of forfeituresforfeitures or because of a Participant's Elective Contributions, if any, there is an Excess Amount with respect to a Participant for a Limitation Year, the Advisory Committee Plan Administrator will dispose of such Excess Amount as follows: (a1) The Advisory Committee Plan Administrator first will return any nondeductible voluntary Employee contributions to the Participant any nondeductible Employee contributions and then any Elective Contributions under a 401(k) arrangement, if any, to the extent the return would reduce the Excess Amount. (b2) If, after the application of paragraph (a1), an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee Plan Administrator will use the Excess Amount(s) to reduce future Employer Company contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c3) If, after the application of paragraph (a1), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee Plan Administrator will hold the Excess Amount unallocated in a suspense account. The Advisory Committee Plan Administrator will apply the suspense account to reduce Employer Company Contributions (including allocation of forfeitures) for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year if necessary. Neither the Employer Company nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c3). (d4) The Advisory Committee Plan Administrator under paragraphs (2) or (3) will not distribute any Excess Amount(s) to Participants or to former Participants.

Disposition of Excess Amount. If, pursuant to Section 3.07(A), or because of the allocation of forfeitures, there is an Excess Amount with respect to a Participant for a Limitation Year, the Advisory Committee will shall dispose of such Excess Amount as follows: (a1) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Participant to the extent that the return would reduce the Excess Amount. (b2) If, after the application of paragraph (a1), an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c3) If, after the application of paragraph (a1), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the suspense account to reduce Employer Contributions (including allocation of forfeitures) for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d4) The Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Participants. (5) If, as a result of a reasonable error in determining the amount of elective deferrals an Employee may make without violating the limitations of Part 2 of Article III, an Excess Amount results, the Advisory Committee will return the Excess Amount (as adjusted for allocable income) attributable to the elective deferrals. The Advisory Committee will make this distribution before taking any corrective steps in the prior paragraphs of this Section 3.07(B). The Advisory Committee will disregard any elective deferrals returned under this paragraph for purposes of Article XIV.

Disposition of Excess Amount. If, pursuant to Section 3.07(A), or because of the allocation of forfeitures, there is an Excess Amount with respect to a Participant participant for a Limitation Year, the Advisory Committee will dispose of such Excess Amount as follows: (a) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Participant to the extent the return would reduce the Excess Amount. (b) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the suspense account to reduce Employer Contributions (including allocation of forfeitures) for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year Year, if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d) The Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Participants.

Disposition of Excess Amount. If, pursuant to Section 3.07(A), or because of the allocation of forfeitures, there is an Excess Amount with respect to a Participant for a Limitation Year, the Advisory Committee will dispose of such Excess Amount as follows: (a) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Participant to the extent that the return would reduce the Excess Amount. (b) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the suspense account to reduce Employer Contributions (including allocation of forfeitures) for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year Year, if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d) The Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Participants.

Disposition of Excess Amount. If, If pursuant to Section 3.07(A), 7.1 or because as a result of the allocation of forfeitures, there is an Excess Amount with respect to a Participant for a Limitation YearAmount, the Advisory Committee excess will dispose be disposed of such Excess Amount as follows: (a) The Advisory Committee will return any Any Elective Deferrals (within the meaning of Section 402(g) of the Code) or nondeductible voluntary Employee contributions to the Participant contributions, to the extent the return they would reduce the Excess Amount., will be returned to the Participant; (b) If, If after the application of paragraph (a), ) an Excess Amount still exists, and the Participant is covered by the Plan covers the Participant at the end of the a Limitation Year, then the Advisory Committee will use the Excess Amount(s) Amount in the Participant's Account will be used to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for such Participant in the next Limitation Year Year, and for each succeeding Limitation Year, as is Year if necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount.; (c) If, If after the application of paragraph (a), ) an Excess Amount still exists, and the Participant is not covered by the Plan does not cover the Participant at the end of the a Limitation Year, then the Advisory Committee will hold the Excess Amount will be held unallocated in a suspense account. The Advisory Committee will apply the suspense account will be applied to reduce future Employer Contributions contributions (including allocation of any forfeitures) for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d) The Advisory Committee If a suspense account is in existence at any time during a Limitation Year pursuant to this Section, it will not distribute participate in the allocation of the Plan's investment gains and losses. If a suspense account is in existence at any time during a particular Limitation Year, all amounts in the suspense account must be allocated and reallocated to Participants' accounts before any Employer contributions or any Employee contributions may be made to the Plan for that Limitation Year. Excess Amount(s) amounts may not be distributed to Participants or to former Participants.

Disposition of Excess Amount. If, pursuant to Section 3.07(A), 5.3(b) or ---------------------------- because of the an allocation of forfeituresForfeitures, there is an Excess Amount with respect attributable to a Participant for a Limitation Year, then the Advisory Committee will dispose of such the Excess Amount as follows: (ai) The Advisory Committee will shall return any nondeductible voluntary Employee contributions Participant Voluntary After Tax Contributions to the Participant to the extent that the return would reduce the Excess Amount. (bii) If, after the application of paragraph clause (a), i) an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee will use the Excess Amount(s) Amounts to reduce future Employer contributions Contributions (including any allocation of forfeituresForfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his the allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (ciii) If, after the application of paragraph clause (a), i) an Excess Amount still exists, exits and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will shall hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply account and use the suspense account Excess Amount to reduce Employer Contributions (including allocation on behalf of forfeitures) for all remaining Participants and shall allocate and reallocate to the Individual Accounts of remaining Participants in the next Limitation Year, and in each succeeding Limitation Year if necessary. Neither the Employer nor any Employee may contribute Years to the Plan for extent permissible under the foregoing limitations, prior to any Limitation Year in which further Annual Additions to the Plan. If the Plan is unable to allocate fully a should be terminated or contributions should be completely discontinued, the funds in the suspense account maintained pursuant will be allocated to this paragraph (c)the extent not prohibited by Code Section 415. Any suspense account shall not be adjusted for investment gains or losses of the Trust Fund. (div) The Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Former Participants. (v) Notwithstanding the foregoing sentence and the foregoing paragraphs (i), (ii), (iii), and (iv), the Committee may distribute Elective Deferrals (within the meaning of Code Section 402(g)(3)) or return voluntary or mandatory Employee Contributions, to the extent the distribution or return would reduce the excess amounts in the Participant's account.

Disposition of Excess Amount. If, pursuant to Section 3.07(A), or because of the allocation of forfeitures, there is an Excess Amount with respect to a Participant for a Limitation Year, the Advisory Committee will dispose of such Excess Amount as follows: (a) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Participant to the extent that the return would reduce the Excess Amount. (b) If, after the application of paragraph (a), an and Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Limiation Year, then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess excess Amount. (c) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the suspense account to reduce Employer Contributions (including allocation of forfeitures) for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d) The Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Participants.

Disposition of Excess Amount. If, pursuant to If under Section 3.07(A3.7.2(C), or because as a result of the allocation of forfeituresforfeitures or as a result of an error in estimating 415 Limitation Compensation or in determining the amount of Elective Deferral Contributions, there is an Excess Amount with respect to a the Participant for a Limitation Year, the Advisory Committee will dispose of such Excess Amount shall be disposed of as follows: (a1) The Advisory Committee First, any contribution to the Participant’s Employee After-Tax Contributions Account (to the extent a Matching Contribution has not been made with respect to such contribution), plus earnings or minus losses attributable thereto will return any nondeductible voluntary Employee contributions be distributed to the Participant to the extent that the return thereof would reduce the Excess AmountAmount in such Participant’s Account. (b2) If, after the application of paragraph (aSection 3.7.2(D)(1), an Excess Amount still exists, any ▇▇▇▇ Contributions (to the extent a Matching Contribution has not been made with respect to such contributions) plus earnings or minus losses attributable thereto, will be distributed to the Participant to the extent that the return thereof would reduce the Excess Amount in such Participant’s Account. (3) If, after the application of Section 3.7.2(D)(1) and (2) an Excess Amount still exists, any Pre-Tax Contributions (to the extent a Matching Contribution has not been made with respect to such contributions) plus earnings or minus losses attributable thereto, will be distributed to the Participant to the extent that the return thereof would reduce the Excess Amount in such Participant’s Account. (4) If, after the application of Section 3.7.2(D)(1), (2) and (3) an Excess Amount still exists, any Employee After-Tax Contributions (plus earnings attributable thereto) to which Matching Contributions are attributable shall be distributed to the Participant to the extent that the return thereof would reduce the Excess Amount in such Participant’s Account. The pro rata portion of the Matching Contribution (and earnings attributable thereto) attributable to such returned Employee After-Tax Contributions shall be held in a suspense account and used to reduce the Matching Contribution under this Plan for such Participant in the next Limitation Year. (5) If after the application of Section 3.7.2(D)(1), (2), (3) and (4) an Excess Amount still exists, any ▇▇▇▇ Contributions (plus earnings attributable thereto) to which Matching Contributions are attributable shall be distributed to the Participant to the extent that the return thereof would reduce the Excess Amount in such Participant’s Account. The pro rata portion of the Matching Contribution (and earnings attributable thereto) attributable to such returned ▇▇▇▇ Contributions shall be held in a suspense account and used to reduce the Matching Contribution under the Plan for such Participant in the next Limitation Year. (6) If after the application of Section 3.7.2(D)(1), (2), (3), (4) and (5) an Excess Amount still exists, any Pre-Tax Contributions (plus earnings attributable thereto) to which Matching Contributions are attributable shall be distributed to the Participant to the extent that the return thereof would reduce the Excess Amount in such Participant’s Account. The pro rata portion of the Matching Contribution (and earnings attributable thereto) attributable to such returned Pre-Tax Contributions shall be held in a suspense account and used to reduce the Matching Contribution under the Plan for such Participant in the next Limitation Year. (7) If after the application of Section 3.7.2(D)(1), (2) (3), (4), (5) and (6) an Excess Amount still exists, and the Participant is covered by the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee remaining Excess Amount in the Participant’s Account will use the Excess Amount(s) be held in a suspense account and used to reduce future Employer contributions (including any allocation of any forfeitures) under the this Plan for to which such Participant is otherwise entitled in the next Limitation Year Year, and for in each succeeding Limitation Year, as is if necessary, for the Participant. The Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c) If, 8) If after the application of paragraph (aSection 3.7.2(D)(1), (2), (3), (4), (5), (6) and (7) an Excess Amount still exists, and the Participant is not covered by the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold the Excess Amount will be held unallocated in a suspense account. The Advisory Committee will apply the suspense account will be applied to reduce future Employer Contributions (including allocation of forfeitures) contributions under the Plan for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year Year, if necessary. (9) If a suspense account is in existence at any time during a Limitation Year under Section 3.7.2(D)(8), the suspense account will not participate in the allocation of the Trust Fund’s investment gains or losses to or from any other Account. Neither If a suspense account is in existence at any time during a particular Limitation Year, all amounts in the suspense account must be allocated and reallocated to the applicable Participants’ or Accounts before any Employer nor any Employee or Participant contributions may contribute be made to the Plan for any the Limitation Year Year. Excess Amounts, except as provided in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph Section 3.7.2(D)(1) through (c). (d7) The Advisory Committee will may not distribute any Excess Amount(s) be distributed to Participants or to former Participants.