Compliance with Code and ERISA. This Plan is intended to qualify as a profit-sharing plan under Code Section 401(a) and a cash or deferred arrangement under Code Section 401(k). It is also intended to comply with the applicable provisions of ERISA. The Plan will be interpreted in a manner that comports with these intentions.
Compliance with Code and ERISA. The Company Stock Component is intended to comply with the requirements applicable to employee stock ownership plans under Sections 401(a), 409 and 4975 of the Code and under Section 407(d)(6) of ERISA, and is hereby designated as an employee stock ownership plan (an ESOP). Except as the Independent Fiduciary may otherwise determine pursuant to Section 11.2, the Company Stock Component shall be invested exclusively in Company Stock (except for cash or cash equivalent investments determined by the Investment Committee to be required to facilitate Participant transactions into and out of the Company Stock Component, as applicable, and to pay permissible Plan expenses), without regard to the diversification of assets. Any such Company Stock may be acquired by the Trustee through purchases on the open market, private purchases, purchases from the Company (including purchases from the Company of treasury shares or authorized but unissued shares), contributions in kind by the Company, or otherwise.
