Common use of AMENDMENT AND CONTINUATION OF PREDECESSOR PLAN Clause in Contracts

AMENDMENT AND CONTINUATION OF PREDECESSOR PLAN. In the event the Employer has previously established a plan (the "predecessor plan") which is a defined contribution plan under the Code and which on the date of adoption of the Plan meets the applicable requirements of Section 401(a) of the Code, the Employer may, in accordance with the provisions of the predecessor plan, amend and continue the predecessor plan in the form of the Plan and become the Employer hereunder, subject to the following: (a) Subject to the provisions of the Plan, each individual who was a Participant or former Participant in the predecessor plan immediately prior to the effective date of such amendment and continuation will become a Participant or former Participant in the Plan; (b) No election may be made under the vesting provisions of the Adoption Agreement if such election would reduce the benefits of a Participant under the Plan to less than the benefits to which he would have been entitled if he voluntarily separated from the service of the Employer immediately prior to such amendment and continuation; (c) No amendment to the plan shall decrease a Participant's accrued benefit or eliminate an optional form of benefit; (d) The amounts standing to the credit of a Participant's account immediately prior to such amendment and continuation which represent the amounts properly attributable to (i) contributions by the Participant (pre-tax or after-tax) and (ii) contributions by the Employer and forfeitures will constitute the opening balance of his Account or Accounts under the Plan; (e) Amounts being paid to a former Participant or to a Beneficiary in accordance with the provisions of the predecessor plan will continue to be paid in accordance with such provisions; (f) Any beneficiary designation in effect after August 23, 1984, under the predecessor plan immediately before such amendment and continuation will be deemed a valid designation of Beneficiary under Section 7.4 if such designation satisfies the requirements of Section 7.4, unless and until the Participant revokes such designation or designates a new Beneficiary under the Plan; and (g) Unless the Employer and the Trustee agree otherwise, all assets of the predecessor trust will be deemed to be assets of the Trust as of the effective date of such amendment. Such assets will be invested by the Trustee as soon as reasonably practicable pursuant to Article V. The Employer agrees to assist the Trustee in any way requested by the Trustee in order to facilitate the transfer of assets from the predecessor trust to the Trust Fund.

AMENDMENT AND CONTINUATION OF PREDECESSOR PLAN. In the event ---------------------------------------------- the Employer has previously established a plan (the "predecessor plan") which is a defined contribution plan under the Code and which on the date of adoption of the Plan meets the applicable requirements of Section section 401(a) of the Code, the Employer may, in accordance with the provisions of the predecessor plan, amend and continue the predecessor plan in the form of the Plan and become the Employer hereunder, subject to the following: (a) Subject to the provisions of the Plan, each individual who was a Participant or former Participant in the predecessor plan immediately prior to the effective date of such amendment and continuation will become a Participant or former Participant in the Plan; (b) No election may be made under the vesting provisions of the Adoption Agreement if such election would reduce the benefits of a Participant under the Plan to less than the benefits to which he would have been entitled if he voluntarily separated from the service of the Employer immediately prior to such amendment and continuation; (c) No amendment to the plan Plan shall decrease a Participant's accrued benefit or eliminate an optional form of benefit;benefit and if the amendment of the predecessor plan in the form of the Plan results in a change in the method of crediting service for vesting purposes between the general method set forth in Section 2530.200b-2 of the Department of Labor Regulations and the elapsed time method in Section 2.01(a)(33) of the Plan, each Participant with respect to whom the method of crediting vesting service is changed shall be treated in the manner set forth by the provisions of Section 1.410(a)-7(f)(1) of the Treasury Regulations which are incorporated herein by reference. (d) The amounts standing to the credit of a Participant's account Account immediately prior to such amendment and continuation which represent the amounts properly attributable to (i) contributions by the Participant (pre-tax or after-tax) and (ii) contributions by the Employer and forfeitures will constitute the opening balance of his Account or Accounts under the Plan; (e) Amounts being paid to a former Participant or to a Beneficiary in accordance with the provisions of the predecessor plan will continue to be paid in accordance with such provisions; (f) Any beneficiary designation election and waiver of the qualified pre-retirement annuity in effect after August 23, 1984, under the predecessor plan immediately before such amendment and continuation will be deemed a valid designation election and waiver of Beneficiary under Section 7.4 8.04 if such designation satisfies the requirements of Section 7.48.04(d), unless and until the Participant revokes such designation or designates a new Beneficiary election and waiver under the Plan; and (g) Unless the Employer and the Trustee agree otherwise, all assets of the predecessor trust will be deemed to be assets of the Trust as of the effective date of such amendment. Such assets will be invested by the Trustee as soon as reasonably practicable pursuant to Article V. 6. The Employer agrees to assist the Trustee in any way requested by the Trustee in order to facilitate the transfer of assets from the predecessor trust to the Trust Fund.

AMENDMENT AND CONTINUATION OF PREDECESSOR PLAN. In the event the Employer has previously established a plan Plan (the "predecessor planPlan") which is a defined contribution plan Plan under the Code and which on the date of adoption of the Plan meets the applicable requirements of Section section 401(a) of the Code, the Employer may, in accordance with the provisions of the predecessor planPlan, amend and continue the predecessor plan Plan in the form of the Plan and become the Employer hereunder, subject to the following: (a) Subject to the provisions of the Plan, each individual who was a Participant or former Participant in the predecessor plan Plan immediately prior to the effective date of such amendment and continuation will become a Participant or former Participant in the Plan; (b) No election may be made under the vesting provisions of the Adoption Agreement if such election would reduce the benefits of a Participant under the Plan to less than the benefits to which he would have been entitled if he voluntarily separated from the service of the Employer immediately prior to such amendment and continuation; (c) No amendment to the plan Plan shall decrease a Participant's accrued benefit or eliminate an optional form of benefit;benefit and if the amendment of the predecessor Plan in the form of the Plan results in a change in the method of crediting service for vesting purposes between the general method set forth in Section 2530.200b-2 of the Department of Labor Regulations and the elapsed time method in Section 2.01(a)(33) of the Plan, each Participant with respect to whom the method of crediting vesting service is changed shall be treated in the manner set forth by the provisions of Section 1.410(a)-7(f)(1) of the Treasury Regulations which are incorporated herein by reference. (d) The amounts standing to the credit of a Participant's account Account immediately prior to such amendment and continuation which represent the amounts properly attributable to (i) contributions by the Participant (pre-tax or after-tax) and (ii) contributions by the Employer and forfeitures will constitute the opening balance of his Account or Accounts under the Plan; (e) Amounts being paid to a former Participant or to a Beneficiary in accordance with the provisions of the predecessor plan Plan will continue to be paid in accordance with such provisions; (f) Any beneficiary designation election and waiver of the qualified pre-retirement annuity in effect after August 23, 1984, under the predecessor plan Plan immediately before such amendment and continuation will be deemed a valid designation election and waiver of Beneficiary under Section 7.4 8.04 if such designation satisfies the requirements of Section 7.48.04(d), unless and until the Participant revokes such designation or designates a new Beneficiary election and waiver under the Plan; and (g) Unless the Employer and the Trustee agree otherwise, all assets of the predecessor trust will be deemed to be assets of the Trust as of the effective date of such amendment. Such assets will be invested by the Trustee as soon as reasonably practicable pursuant to Article V. 6. The Employer agrees to assist the Trustee in any way requested by the Trustee in order to facilitate the transfer of assets from the predecessor trust to the Trust Fund.

AMENDMENT AND CONTINUATION OF PREDECESSOR PLAN. In the event the Employer has previously established a plan (the "predecessor plan") which is a defined contribution plan under the Code and which on the date of adoption of the Plan meets the applicable requirements of Section section 401(a) of the Code, the Employer may, in accordance with the provisions of the predecessor plan, amend and continue the predecessor plan in the form of the Plan and become the Employer hereunder, subject to the following: (a) Subject to the provisions of the Plan, each individual who was a Participant or former Participant in the predecessor plan immediately prior to the effective date of such amendment and continuation will become a Participant or former Participant in the Plan; (b) No election may be made under the vesting provisions of the Adoption Agreement if such election would reduce the benefits of a Participant under the Plan to less than the benefits to which he would have been entitled if he voluntarily separated from the service of the Employer immediately prior to such amendment and continuation; (c) No amendment to the plan Plan shall decrease a Participant's accrued benefit or eliminate an optional form of benefitbenefit and if the amendment of the predecessor plan in the form of the Plan results in a change in the method of crediting service for vesting purposes between the general method set forth in Section 2530.200b-2 of the Department of Labor Regulations and the elapsed-time method in Section 2.01(a)(33) of the Plan, each Participant with respect to whom the method of crediting vesting service is changed shall be treated in the manner set forth by the provisions of Section 1.410(a)-7(f)(1) of the Treasury Regulations which are incorporated herein by reference; (d) The amounts standing to the credit of a Participant's account Account immediately prior to such amendment and continuation which represent the amounts properly attributable to (i1) contributions by the Participant (pre-tax or after-tax) and (ii2) contributions by the Employer and forfeitures will constitute the opening balance of his Account or Accounts under the Plan; (e) Amounts being paid to a former Participant or to a Beneficiary in accordance with the provisions of the predecessor plan will continue to be paid in accordance with such provisions; (f) Any beneficiary designation election and waiver of the qualified pre-retirement annuity in effect after August 23, 1984, under the predecessor plan immediately before such amendment and continuation will be deemed a valid designation election and waiver of Beneficiary under Section 7.4 8.04 if such designation satisfies the requirements of Section 7.48.04(d), unless 57 84 and until the Participant revokes such designation or designates a new Beneficiary election and waiver under the Plan; and (g) Unless the Employer and the Trustee agree otherwise, all assets of the predecessor trust will be deemed to be assets of the Trust as of the effective date of such amendment. Such assets will be invested by the Trustee as soon as reasonably practicable pursuant to Article V. 6. The Employer agrees to assist the Trustee in any way requested by the Trustee in order to facilitate the transfer of assets from the predecessor trust to the Trust Fund.

AMENDMENT AND CONTINUATION OF PREDECESSOR PLAN. In the event the Employer has previously established a plan Plan (the "predecessor planPlan") which is a defined contribution plan Plan under the Code and which on the date of adoption of the Plan meets the applicable requirements of Section section 401(a) of the Code, the Employer may, in accordance with the provisions of the predecessor planPlan, amend and continue the predecessor plan Plan in the form of the Plan and become the Employer hereunder, subject to the following: (a) Subject to the provisions of the Plan, each individual who was a Participant or former Participant in the predecessor plan Plan immediately prior to the effective date of such amendment and continuation will become a Participant or former Participant in the Plan; (b) No election may be made under the vesting provisions of the Adoption Agreement if such election would reduce the benefits of a Participant under the Plan to less than the benefits to which he would have been entitled if he voluntarily separated from the service of the Employer immediately prior to such amendment and continuation; (c) No amendment to the plan Plan shall decrease a Participant's accrued benefit or eliminate an optional form of benefitbenefit and if the amendment of the predecessor Plan in the form of the Plan results in a change in the method of crediting service for vesting purposes between the general method set forth in Section 2530.200b-2 of the Department of Labor Regulations and the elapsed time method in Section 2.01(a)(33) of the Plan, each Participant with respect to whom the method of crediting vesting service is changed shall be treated in the manner set forth by the provisions of Section 1.410(a)-7(f)(1) of the Treasury Regulations which are incorporated herein by reference; (d) The amounts standing to the credit of a Participant's account Account immediately prior to such amendment and continuation which represent the amounts properly attributable to (i) contributions by the Participant (pre-tax or after-tax) and (ii) contributions by the Employer and forfeitures will constitute the opening balance of his Account or Accounts under the Plan; (e) Amounts being paid to a former Participant or to a Beneficiary in accordance with the provisions of the predecessor plan Plan will continue to be paid in accordance with such provisions; (f) Any beneficiary designation election and waiver of the qualified pre-retirement annuity in effect after August 23, 1984, under the predecessor plan Plan immediately before such amendment and continuation will be deemed a valid designation election and waiver of Beneficiary under Section 7.4 8.04 if such designation satisfies the requirements of Section 7.48.04(d), unless and until the Participant revokes such designation or designates a new Beneficiary election and waiver under the Plan; and (g) Unless the Employer and the Trustee agree otherwise, all assets of the predecessor trust will be deemed to be assets of the Trust as of the effective date of such amendment. Such assets will be invested by the Trustee as soon as reasonably practicable pursuant to Article V. 6. The Employer agrees to assist the Trustee in any way requested by the Trustee in order to facilitate the transfer of assets from the predecessor trust to the Trust Fund.

AMENDMENT AND CONTINUATION OF PREDECESSOR PLAN. In the event the Employer has previously established a plan (the "predecessor plan") which is a defined contribution plan under the Code and which on the date of adoption of the Plan meets the applicable requirements of Section 401(a) of the Code, the Employer may, in accordance with the provisions of the predecessor plan, amend and continue the predecessor plan in the form of the Plan and become the Employer hereunder, subject to the following:section (a) Subject to the provisions of the Plan, each individual who was a Participant or former Participant in the predecessor plan immediately prior to the effective date of such amendment and continuation will become a Participant or former Participant in the Plan; (b) No election may be made under the vesting provisions of the Adoption Agreement if such election would reduce the benefits of a Participant under the Plan to less than the benefits to which he would have been entitled if he voluntarily separated from the service of the Employer immediately prior to such amendment and continuation; (c) No amendment to the plan Plan shall decrease a Participant's accrued benefit or eliminate an optional form of benefitbenefit and if the amendment of the predecessor plan in the form of the Plan results in a change in the method of crediting service for vesting purposes between the general method set forth in Section 2530.200b-2 of the Department of Labor Regulations and the elapsed- time method in Section 2.01(a)(33) of the Plan, each Participant with respect to whom the method of crediting vesting service is changed shall be treated in the manner set forth by the provisions of Section 1.410(a)-7(f)(1) of the Treasury Regulations which are incorporated herein by reference; (d) The amounts standing to the credit of a Participant's account Account immediately prior to such amendment and continuation which represent the amounts properly attributable to (i1) contributions by the Participant (pre-tax or after-tax) and (ii2) contributions by the Employer and forfeitures will constitute the opening balance of his Account or Accounts under the Plan; (e) Amounts being paid to a former Participant or to a Beneficiary in accordance with the provisions of the predecessor plan will continue to be paid in accordance with such provisions; (f) Any beneficiary designation election and waiver of the qualified pre-retirement annuity in effect after August 23, 1984, under the predecessor plan immediately before such amendment and continuation will be deemed a valid designation election and waiver of Beneficiary under Section 7.4 8.04 if such designation satisfies the requirements of Section 7.48.04(d), unless and until the Participant revokes such designation or designates a new Beneficiary election and waiver under the Plan; and (g) Unless the Employer and the Trustee agree otherwise, all assets of the predecessor trust will be deemed to be assets of the Trust as of the effective date of such amendment. Such assets will be invested by the Trustee as soon as reasonably practicable pursuant to Article V. 6. The Employer agrees to assist the Trustee in any way requested by the Trustee in order to facilitate the transfer of assets from the predecessor trust to the Trust Fund.