Common use of Nondiscrimination Tests Clause in Contracts

Nondiscrimination Tests. The Plan is treated as meeting the requirements of Code Sections 401(k)(3)(A)(ii) and 401(m)(2) for any "year" for which the provisions of this Article are effective and satisfied. Accordingly, Sections 11.4, 11.5, 11.6 and 11.7 shall not apply to the Plan.

Nondiscrimination Tests. The Plan is treated as meeting the requirements of Code Sections §§401(k)(3)(A)(ii) and 401(m)(2) for any "year" for which the provisions of this Article are effective and satisfied. Accordingly, Sections 11.412.4, 11.512.5, 11.6 12.6 and 11.7 12.7 shall not apply to the PlanPlan for any "year" for which this Article applies.