Existing Plan Clause Samples

Existing Plan. It is recognized that some employees may exercise the option to remain in the existing Pension Plan which provided for in the Standard Labour Agreement as and Exhibit This Plan will continue in respect of such employees and the Joint Pension Committee provided for therein will continue to function necessary.

Existing Plan. Notwithstanding anything to the contrary contained in this Article V, the investment in Ceridian shall not be deemed an “Investment” for purposes of this Agreement and any incentive awards relating to Ceridian shall be determined in accordance with the Existing Plan.

Existing Plan. 29. On March 6, 2012, DH filed its Second Amended Chapter 11 Plan of Reorganization [Docket No. 473] (the “Second Amended Plan”) and related Disclosure Statement [Docket No. 472] (the “Second Amended Disclosure Statement”). Under the Second Amended Plan, general unsecured creditors of DH would have received their pro rata share of (i) $1 billion of senior secured notes to be issued by Dynegy; (ii) $400 million of cash; and (iii) $2.1 billion of preferred equity in Dynegy (mandatorily convertible into 97% of the common equity of Dynegy). The Second Amended Plan contained certain conditions to effectiveness including, but not limited to, that the allowed amount of the Lease Trustee’s claims against DH arising under the Lease Guarantees (at issue in the Lease Adversary Proceeding) and the PSEG Entities’ claim against DH do not together exceed $300 million, which could be increased to $400 million in certain circumstances.