Common use of Defined Contribution Fraction Clause in Contracts

Defined Contribution Fraction. A fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the Defined Contribution Plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible Employee contributions to all Defined Benefit Plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, as defined in Section 419(e) of the Code, and individual medical accounts, as defined in Section 415(1)(2) of the Code, maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service with the Employer (regardless of whether a 27 Defined Contribution Plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year is the lesser of 125 percent of the dollar limitation determined under Sections 415(b) and (d) of the Code in effect under Section 415(c)(1)(A) of the Code or 35 percent of the Participant's Compensation for such year. If the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall not be recomputed to treat all Employee contributions as Annual Additions.

Defined Contribution Fraction. A The "Defined Contribution Fraction" shall be a fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible Employee employee contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, funds (as defined in Code Section 419(e) of the Code)), and individual medical accounts, accounts (as defined in Code Section 415(1)(2)) of the Code, maintained by the Employerand simplified employee pensions (as defined in Code Section 408(k)), and the denominator of which is the sum of the maximum aggregate amounts Maximum Aggregate Amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a 27 Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount Maximum Aggregate Amount in any Limitation Year is the lesser of 125 percent 125% of the dollar limitation determined under Sections 415(b) and (d) of the Code in effect under Code Section 415(c)(1)(A) of the Code or 35 percent 35% of the Participant's Compensation for such year. If the Employee Participant was a Participant participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, 1986 in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction Defined Contribution Fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall not be recomputed to treat all Employee contributions as Annual Additions.Fraction

Defined Contribution Fraction. A fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years Years, (including the Annual Additions attributable to the Participant's nondeductible Employee employee contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, Employer and the Annual Additions attributable to all welfare benefit funds, as defined in Section section 419(e) of the Code, and individual medical accounts, as defined in Section 415(1)(2section 415(l)(2) of the Code, maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a 27 Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year is the lesser of 125 percent of the dollar limitation determined under Sections sections 415(b) and (d) of the Code in effect under Section section 415(c)(1)(A) of the Code or 35 percent of the Participant's _415 Compensation for such year. If the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan plan made after May 5, 1986, but using the Section section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall not be recomputed to treat all Employee employee contributions as Annual Additions.

Defined Contribution Fraction. A fraction, the numerator of which is the sum of the Annual Additions to the ParticipantMember's account accounts under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the ParticipantMember's nondeductible Employee employee contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit benefits funds, as defined in Section section 419(e) of the Code, and individual medical accounts, as defined in Section 415(1)(2) of the Code, maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service with the Employer (regardless of whether a 27 Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year is the lesser of 125 percent of the dollar limitation determined under Sections 415(b) and (d) of the Code in effect under Section section 415(c)(1)(A) of the Code or 35 percent of the ParticipantMember's Compensation for such year (provided, however, that, if the Plan is a Super Top-Heavy Plan, as defined in Section 7.02(h), the maximum aggregate amount shall be the lesser of 100 percent of the dollar limitation in effect under section 415(c)(1)(A) of the Code or 35 percent of the Member's Compensation for such year). If the Employee Member was a Participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, participant in one or more Defined Contribution Plans defined contribution plans maintained by the an Employer which were in existence on May 6July 1, 19861982, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the later of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in 1983. This adjustment also will be made if at the terms and conditions end of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any last Limitation Year beginning before January 1, 19871984, shall not be recomputed the sum of the fractions exceeds 1.0 because of accruals or additions that were made before the limitations of this Article IX became effective to treat all Employee contributions as Annual Additionsany plans of the Employer in existence on July 1, 1982.

Defined Contribution Fraction. A The "Defined Contribution Fraction" shall be a fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible Employee employee contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, funds (as defined in Code Section 419(e) of the Code)), and individual medical accounts, accounts (as defined in Code Section 415(1)(2)) of the Code, maintained by the Employerand simplified employee pensions (as defined in Code Section 408(k)), and the denominator of which is the sum of the maximum aggregate amounts Maximum Aggregate Amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a 27 Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount Maximum Aggregate Amount in any Limitation Year is the lesser of 125 percent 125% of the dollar limitation determined under Sections 415(b) and (d) of the Code in effect under Code Section 415(c)(1)(A415(c)(l)(A) of the Code or 35 percent 35% of the Participant's Compensation for such year. If the Employee Participant was a Participant participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, 1986 in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction Defined Contribution Fraction and the Defined Benefit Fraction would otherwise exceed 1.0 l.0 under the terms of this Plan. Under the adjustment adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall not be recomputed to treat all Employee contributions as Annual Additions.of:

Defined Contribution Fraction. A “Defined Contribution Fraction” means a fraction, the numerator of which is the sum of the Annual Additions to the Participant's ’s account under all the Defined Contribution Plans defined contributions plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable attribut- able to the Participant's ’s nondeductible Employee employee contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions Additions, as defined above, attributable to all welfare benefit funds, as defined in Section Code section 419(e) of the Code), and individual medical accounts, as defined in Section Code section 415(1)(2) of the Code), and simplified employee pensions maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a 27 Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year is the lesser of 125 percent of the dollar limitation determined under Sections Code sections 415(b) and (d) of the Code in effect under Section Code section 415(c)(1)(A) of the Code or 35 percent of the Participant's ’s Compensation for such year. If the Employee was a Participant participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans maintained defined contribution plans main- tained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction defined benefit fraction would otherwise exceed 1.0 under the terms of this the Plan. Under the adjustment adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall not be recomputed to treat all Employee contributions as Annual Additions.of

Defined Contribution Fraction. A fraction, the numerator of which is the sum of the Annual Additions to the Participant's account accounts under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years Years, (including the Annual Additions attributable to the Participant's nondeductible Employee employee contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, as defined in Section 419(e) of the Code, and individual medical accounts, as defined in Section 415(1)(2415(l)(2) of the Code, and simplified employee pension, maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a 27 Defined Contribution defined contribution Plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year is the lesser of 125 percent of the dollar limitation determined under Sections 415(b) and (d) of the Code in effect under Section 415(c)(1)(A) of the Code or 35 percent of the Participant's Compensation for such year. If the Employee was a Participant participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall not be recomputed to treat all Employee contributions as Annual Additions.

Defined Contribution Fraction. A The "Defined Contribution ----------------------------- Fraction" shall be a fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible Employee employee contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, funds (as defined in Code Section 419(e) of the Code)), and individual medical accounts, accounts (as defined in Code Section 415(1)(2415(l)(2)) of the Code, maintained by the Employerand simplified employee pensions (as defined in Code Section 408(k)), and the denominator of which is the sum of the maximum aggregate amounts Maximum Aggregate Amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a 27 Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount Maximum Aggregate Amount in any Limitation Year is the lesser of 125 percent % of the dollar limitation determined under Sections 415(b) and (d) of the Code in effect under Code Section 415(c)(1)(A) of the Code or 35 percent % of the Participant's Compensation for such year. If the Employee Participant was a Participant participant as of the end of the first day of the first Limitation limitation Year beginning after December 31, 1986, 1986 in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction Defined Contribution Fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall not be recomputed to treat all Employee contributions as Annual Additions.of:

Defined Contribution Fraction. A fraction, the numerator of which is the sum of the Annual Additions annual additions to the Participant's account under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years limitation QUALIFIED RETIREMENT PLAN & TRUST AGREEMENT 9 years (including the Annual Additions annual additions attributable to the Participant's nondeductible Employee employee contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions annual additions attributable to all welfare benefit funds, as defined in Section 419(e) of the Code, and individual medical accounts, as defined in Section 415(1)(2) of the Codeand simplified employee pensions, maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years limitation years of Service service with the Employer (regardless of whether a 27 Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year limitation year is the lesser of 125 percent 125% of the dollar limitation determined under Sections Section 415(b) and (d) of the Code in effect under Section 415(c)(1)(A) of the Code or 35 percent 35% of the Participant's Compensation for such year. If the Employee was a Participant as of the end of the first day of the first Limitation Year limitation year beginning after December 31, 1986, in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction defined benefit fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year limitation year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year limitation year beginning on or after January 1, 1987. The Annual Addition annual addition for any Limitation Year limitation year beginning before January 1, 1987, shall not be recomputed to treat all Nondeductible Employee contributions Contributions as Annual Additionsannual additions.

Defined Contribution Fraction. A fraction, the numerator of which is the sum of the Annual Additions to the Participant's account accounts under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years Years, (including the Annual Additions attributable to the Participant's nondeductible Employee employee contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, as defined in Section 419(e) of the Code, and individual medical accounts, as defined in Section 415(1)(2415(l)(2) of the Code, and simplified employee pension, maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a 27 Defined Contribution defined contribution Plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year is the lesser of 125 percent of the dollar limitation determined under Sections 415(b) and (d) of the Code in effect under Section 415(c)(1)(A) of the Code or 35 percent of the Participant's Compensation for such year. If the Employee was a Participant participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 19871,1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall not be recomputed to treat all Employee contributions as Annual Additions.

Defined Contribution Fraction. A The "Defined Contribution Fraction" shall be a fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible Employee employee contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, funds (as defined in Code Section 419(e) of the Code)), and individual medical accounts, accounts (as defined in Code Section 415(1)(2)) of the Code, maintained by the Employerand simplified employee pensions (as defined in Code Section 408(k)), and the denominator of which is the sum of the maximum aggregate amounts Maximum Aggregate Amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a 27 Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount Maximum Aggregate Amount in any Limitation Year is the lesser of 125 percent 125% of the dollar limitation determined under Sections 415(b) and (d) of the Code in effect under Code Section 415(c)(1)(A415(c)(l)(A) of the Code or 35 percent 35% of the Participant's Compensation for such year. If the Employee Participant was a Participant participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, 1986 in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction Defined Contribution Fraction and the Defined Benefit Fraction would otherwise exceed 1.0 l.0 under the terms of this Plan. Under the adjustment adjustment, an amount equal to the product of of: (1i) the excess of the sum of the fractions over 1.0 times l.0, multiplied by (2ii) the denominator of this fractionDefined Contribution Fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and 1987 (disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, 1986 but using the Code Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987). The Annual Addition for any This adjustment also will be made if at the end of the last Limitation Year beginning before January 1, 19871984, shall not be recomputed the sum of the fractions exceeds 1.0 because of accruals or additions that were made before the limitations of this Section 5 became effective to treat all Employee contributions any plans of the Employer in existence on July 1, 1982. For purposes of this paragraph, a Master or Prototype plan with an opinion letter issued before January 1, 1983, which was adopted by the Employer on or before September 30, 1983, is treated as Annual Additions.a plan in existence on July 1, 1982. (f)

Defined Contribution Fraction. A fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible Employee contributions Contributions to all Defined Benefit Plansdefined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, as defined in Section 419(e) of the Code, and individual medical accounts, as defined in Section 415(1)(2) of the Code, maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service with the Employer (regardless of whether a 27 Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year is the lesser of 125 percent of the dollar limitation determined under Sections 415(b) and (d) of the Code in effect under Section 415(c)(1)(A) of the Code or 35 percent of the Participant's Compensation for such year. Notwithstanding the foregoing, in any Plan Year in which the Plan is top-Heavy, within the meaning of section 2.45 of Article II above, the maximum aggregate amount shall be computed by using 100% of the dollar limitation instead of 125%. If the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6July 1, 19861982, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction defined benefit fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment adjustment, an amount equal to the product of (1) the excess of the sum of the fractions fraction over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 19871983. This adjustment also will be made if, and disregarding any changes in at the terms and conditions end of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any last Limitation Year beginning before January 1, 1984 the sum of the fractions exceeds 1.0 because of accruals or additions that were made before the limitations of this Section 6.04 became effective to any plans of the Employer in existence on July 1, 1982. For purposes of this paragraph, a master or prototype plan with an opinion letter issued before January 1, 1983, which is adopted by the Employer on or before September 30, 1983, is treated as a plan in existence on July 1, 1982. If the Plan satisfied the applicable requirements of section 415 of the Code as in effect for all Limitation Years before 1987, an amount shall be subtracted from the numerator of the Defined Contribution Fraction (not be recomputed to treat all Employee contributions exceeding such numerator) as Annual Additionsprescribed by the Secretary of the Treasury so that the size of the Defined Benefit Fraction and the Defined Contribution Fraction computed under section 415(e)(1) of the Code does not exceed 1.0 for such Limitation Year.

Defined Contribution Fraction. A The "Defined Contribution Fraction" shall be a fraction, the numerator of which is the sum of the Annual Additions additions to the Participant's account under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible Employee employee contributions to all Defined Benefit Plans, defined benefit plans whether or not terminated, ) maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, funds (as defined in Code Section 419(e)) of the Code, and individual medical accounts, accounts (as defined in Code Section 415(1)(2) of the Code, maintained by the Employer415(l)(2)), and the denominator of which is the sum of the maximum aggregate amounts Maximum Aggregate Amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a 27 Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount Maximum Aggregate for the current and all prior Limitation Years of service with the Employer (regardless of whether a defined contribution plan was maintained by the Employer). The Maximum Aggregate Amount in any Limitation Year is the lesser of 125 percent 125% of the dollar limitation determined under Sections 415(b) and (d) of the Code in effect under Code Section 415(c)(1)(A) of the Code or 35 percent 35% of the Participant's Compensation for such year. If the Employee Participant was a Participant participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, 1986 in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction Defined Contribution Fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, but using the Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall not be recomputed to treat all Employee contributions as Annual Additions.of: