Common use of Discretionary Contributions Clause in Contracts

Discretionary Contributions. If selected below, the Primary Employer may, in its sole discretion, determine the Discretionary Matching Contribution applicable to all Employers equal to such a dollar amount or percentage of Elective Deferral and/or Employee After-Tax Contributions, as determined by the Primary Employer, which shall be allocated (select all that apply): (a) in an amount equal to a discretionary percentage or amount of each Participant's Elective Deferral and/or Employee After-Tax Contributions to be determined by the Employer for each Plan Year. ¨ (b) based on the ratio of each Participant's Elective Deferral and/or Employee After-Tax Contributions for the Plan Year to the total Elective Deferral and/or Employee After-Tax Contributions of all Participants for the Plan Year. If selected, Matching Contributions shall be subject to a maximum amount of (select one if applicable): ¨ (i) $ for each Participant. ¨ (ii) % of each Participant's Plan Compensation. ¨ (c) in an amount up to ______% or $______of each Participant's first ______% or ______$of Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. If any Matching Contribution remains, such amount shall be allocated to each such Participant in an amount up to____% or $____of the next____% or $_____of each Participant's Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. If any Matching Contribution remains after the application of the preceding sentence, such amount shall be allocated to each such Participant in an amount up to % or $_____of the next____% or $_____of each Participant's Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. Any remaining Matching Contribution shall be allocated to each such Participant in the ratio that such Participant's Elective Deferral and/or Employee After-Tax Contributions bear to the total Elective Deferral and/or Employee After-Tax Contributions of all such Participants. If selected, Matching Contributions shall be subject to a maximum amount of (select one if applicable): ¨ (i) $ for each Participant. ¨ (ii) % of each Participant's Plan Compensation.

Discretionary Contributions. If selected below, the Primary Employer may, in its sole discretion, determine the Discretionary Matching Contribution applicable to all Employers equal to such a dollar amount or percentage of Elective Deferral and/or Employee After-Tax Contributions, as determined by the Primary Employer, which shall be allocated (select all that apply): (a) in an amount equal to a discretionary percentage or amount of each Participant's ’s Elective Deferral and/or Employee After-Tax Contributions to be determined by the Employer for each Plan Year. ¨ o (b) based on the ratio of each Participant's ’s Elective Deferral and/or Employee After-Tax Contributions for the Plan Year to the total Elective Deferral and/or Employee After-Tax Contributions of all Participants for the Plan Year. If selected, Matching Contributions shall be subject to a maximum amount of (select one if applicable): ¨ ): (i) $ for each Participant. ¨ o (ii) % of each Participant's ’s Plan Compensation. ¨ o (c) in an amount up to ______% or $______$ of each Participant's ’s first ______% or ______$$ of Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. If any Matching Contribution remains, such amount shall be allocated to each such Participant in an amount up to____% to % or $____$ of the next____% next % or $_____$ of each Participant's ’s Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. If any Matching Contribution remains after the application of the preceding sentence, such amount shall be allocated to each such Participant in an amount up to % or $_____$ of the next____% next % or $_____$ of each Participant's ’s Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. Any remaining Matching Contribution shall be allocated to each such Participant in the ratio that such Participant's ’s Elective Deferral and/or Employee After-Tax Contributions bear to the total Elective Deferral and/or Employee After-Tax Contributions of all such Participants. If selected, Matching Contributions shall be subject to a maximum amount of (select one if applicable): ¨ ): (i) $ for each Participant. ¨ o (ii) % of each Participant's ’s Plan Compensation.

Discretionary Contributions. If selected below, the Primary Employer may, in its sole discretion, determine the Discretionary Matching Contribution applicable to all Employers equal to such a dollar amount or percentage of Elective Deferral and/or Employee After-Tax Contributions, as determined by the Primary Employer, which shall be allocated (select all that apply): (a) in an amount equal to a discretionary percentage or amount of each Participant's Elective Deferral and/or Employee After-Tax Contributions to be determined by the Employer for each Plan Year. ¨ (b) based on the ratio of each Participant's Elective Deferral and/or Employee After-Tax Contributions for the Plan Year to the total Elective Deferral and/or Employee After-Tax Contributions of all Participants for the Plan Year. If selected, Matching Contributions shall be subject to a maximum amount of (select one if applicable): ¨ (i) $ for each Participant. ¨ (ii) % of each Participant's Plan Compensation. ¨ þ (c) in an amount up to ______50 % or $______$ of each Participant's first ______6 % or ______$$ of Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. If any Matching Contribution remains, such amount shall be allocated to each such Participant in an amount up to____% to % or $____$ of the next____% next % or $_____$ of each Participant's Plan Compensation contributed as Elective Deferral and/or ElectiveDeferraland/or Employee After-Tax Contributions. If any Matching Contribution remains after the application of the preceding sentence, such amount shall be allocated to each such Participant in an amount up to % or $_____$ of the next____% next % or $______ of each Participant's Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. Any remaining Matching Contribution shall be allocated to each such Participant in the ratio that such Participant's Elective Deferral and/or Employee After-Tax Contributions bear to the total Elective Deferral and/or Employee After-Tax Contributions of all such Participants. If selected, Matching Contributions shall be subject to a maximum amount of (select one if applicable): ¨ (i) $ for each Participant. ¨ (ii) % of each Participant's Plan Compensation.

Discretionary Contributions. If selected below, the Primary Employer may, in its sole discretion, determine the Discretionary Matching Contribution applicable to all Employers equal to such a dollar amount or percentage of Elective Deferral and/or Employee After-Tax Contributions, as determined by the Primary Employer, which shall be allocated (select all that apply): (a) in an amount equal to a discretionary percentage or amount of each Participant's ’s Elective Deferral and/or Employee After-Tax Contributions to be determined by the Employer for each Plan Year. ¨ (b) based on the ratio of each Participant's ’s Elective Deferral and/or Employee After-Tax Contributions for the Plan Year to the total Elective Deferral and/or Employee After-Tax Contributions of all Participants for the Plan Year. If selected, Matching Contributions shall be subject to a maximum amount of (select one if applicable): ¨ (i) $ for each Participant. ¨ (ii) % of each Participant's ’s Plan Compensation. ¨ (c) in an amount up to ______% or $______$ of each Participant's ’s first ______% or ______$$ of Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. If any Matching Contribution remains, such amount shall be allocated to each such Participant in an amount up to____% to % or $____$ of the next____% next % or $_____$ of each Participant's ’s Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. If any Matching Contribution remains after the application of the preceding sentence, such amount shall be allocated to each such Participant in an amount up to % or $_____$ of the next____% next % or $_____$ of each Participant's ’s Plan Compensation contributed as Elective Deferral and/or Employee After-Tax Contributions. Any remaining Matching Contribution shall be allocated to each such Participant in the ratio that such Participant's ’s Elective Deferral and/or Employee After-Tax Contributions bear to the total Elective Deferral and/or Employee After-Tax Contributions of all such Participants. If selected, Matching Contributions shall be subject to a maximum amount of (select one if applicable): ¨ (i) $ for each Participant. ¨ (ii) % of each Participant's ’s Plan Compensation.