Common use of Employer 401(k) Plan Contributions Clause in Contracts

Employer 401(k) Plan Contributions. Following the end of the calendar year in which the Distribution Date occurs, AOL and TWX shall cooperate in good faith to contribute (in accordance with ERISA, the Code and the relevant terms of the TWX 401(k) Plan and the AOL 401(k) Plan), to the account of any AOL LLC Employee whose account balance was transferred from the TWX 401(k) Plan to the AOL 401(k) Plan in accordance with Section 7.02 the prorated amount of any additional employer contributions that such AOL LLC Employee would otherwise be eligible to receive under the TWX 401(k) Plan based on his or her deferral of eligible compensation (as defined in the TWX 401(k) Plan) received from a member of the AOL Group or a member of the TWX Group prior to the AOL Employee Transfer Time and during the calendar year in which the AOL Employee Transfer Time occurs. TWX shall treat the AOL LLC Employees consistently with the employees of the members of the TWX Group for purposes of allocating forfeitures of account balances, or any portion thereof, under the TWX 401(k) Plan to the AOL LLC Employees. Following the end of the calendar year in which the Distribution Date occurs, if a TWX Retained Employee would otherwise be eligible for any additional employer contributions (in accordance with the TWX 401(k) Plan) for the calendar year in which the applicable TWX Retained Employee Transfer Time occurs, a member of the TWX Group will contribute (or allocate a portion of the forfeitures held by the TWX 401(k) Plan) to each such TWX Retained Employee’s account under the TWX 401(k) Plan the prorated amount of any such additional employer contributions to which the TWX Retained Employee is entitled based on his or her deferral of eligible compensation (as defined in the TWX 401(k) Plan) received from a member of the AOL Group up to but not including the applicable TWX Retained Employee Transfer Time (collectively, the “TWX Retained Employee 401(k) Contributions”), provided that such TWX Retained Employee is employed by the TWX Group on the last day of the calendar year in which the applicable TWX Retained Employee Transfer Time occurred. The obligations of the members of the AOL Group to reimburse such member of the TWX Group with respect to the TWX Retained Employee 401(k) Contributions in excess of forfeiture allocations are set forth in Section 15.01.

Employer 401(k) Plan Contributions. Following (a) The TWX Group shall remain responsible for employer contributions with respect to any Time Employees, Salary Continuation Former Employees or Former Time Employees who participated in the end of the calendar year TWX 401(k) Plan in which the Distribution Date occurs, AOL and TWX shall cooperate in good faith to contribute (2013 in accordance with ERISA, its policies and procedures for such year. With respect to each Time Employee or Salary Continuation Former Employee who is entitled to an additional employer contribution for 2013 pursuant to the Code and the relevant terms of the TWX 401(k) Plan and following the AOL 401(k) Plan)Transfer Date, TWX shall be responsible for such employer contribution, which shall be contributed to the a new account of any AOL LLC Employee whose account balance was transferred from in the TWX 401(k) Plan created to accept such contribution. Any such new account may be transferred to the AOL Time 401(k) Plan in accordance with Section 7.02 9.03. (b) TWX shall also remain responsible for employer contributions with respect to any Transferred To Time Employees for the prorated amount of any period from January 1, 2014 up to the applicable Transfer Time. Such additional employer contributions that such AOL LLC Employee would otherwise shall be eligible contributed to receive under the account of the applicable Transferred To Time Employees in the TWX 401(k) Plan based on his or her deferral of eligible compensation (as defined or, if such account has been transferred to the Time 401(k) Plan, to a new account in the TWX 401(k) PlanPlan created to accept such contributions. The Time Group shall be responsible for employer contributions with respect to any Time Employees, Salary Continuation Former Employees or Former Time Employees who participate in the Time 401(k) received Plan in accordance with its policies and procedures for the relevant year. Time shall also remain responsible for employer contributions with respect to any Transferred To TWX Employee for the period from a member January 1, 2014 up to the applicable Transfer Time. Such additional employer contributions shall be contributed to the account of the AOL Group or a member of Transferred To TWX Employee in the Time 401(k) Plan or, if such account has been transferred to the TWX Group prior 401(k) Plan, to a new account in the AOL Employee Transfer Time and during the calendar year in which the AOL Employee Transfer Time occurs401(k) Plan created to accept such contributions. TWX shall treat the AOL LLC Employees consistently with the employees of the members of the TWX Group for purposes of allocating forfeitures of Any such new account balances, or any portion thereof, under may be transferred to the TWX 401(k) Plan to or the AOL LLC Employees. Following the end of the calendar year in which the Distribution Date occursTime 401(k) Plan, if a TWX Retained Employee would otherwise be eligible for any additional employer contributions (as applicable, in accordance with Section 9.03. (c) In the TWX 401(kcase of (i) Plan) for the calendar year in which the applicable TWX Retained any Time Employee, Former Salary Continuation Employee Transfer or Transferred To Time occurs, Employee who receives a member of the TWX Group will contribute (or allocate a portion of the forfeitures held by the TWX 401(k) Plan) contribution to each such TWX Retained Employee’s account under the TWX 401(k) Plan in accordance with Section 9.04(a) or 9.04(b), or (ii) any Transferred To TWX Employee who receives a contribution to the prorated amount of any Time 401(k) Plan in accordance with Section 9.04(b), such additional employer contributions Employee shall be permitted to which the TWX Retained Employee is entitled based on his or her deferral of eligible compensation (as defined leave such Employee’s account balance in the TWX 401(k) Plan) received from a member of Plan or the AOL Group up to but not including the applicable TWX Retained Employee Transfer Time (collectively, the “TWX Retained Employee 401(k) Contributions”)Plan, as applicable, in lieu of electing a rollover, provided that if, following receipt of all required contributions, such TWX Retained Employee’s account balance is less than the minimum specified in the applicable plan, it will be distributed to such Employee is employed by in accordance with applicable law and the TWX Group on the last day terms of the calendar year in which the applicable TWX Retained Employee Transfer Time occurred. The obligations of the members of the AOL Group to reimburse such member of the TWX Group with respect to the TWX Retained Employee 401(k) Contributions in excess of forfeiture allocations are set forth in Section 15.01plan.

Employer 401(k) Plan Contributions. Following (a) The TWX Group shall remain responsible for employer contributions with respect to any Time Employees, Salary Continuation Former Employees or Former Time Employees who participated in the end of the calendar year TWX 401(k) Plan in which the Distribution Date occurs, AOL and TWX shall cooperate in good faith to contribute (2013 in accordance with ERISA, its policies and procedures for such year. With respect to each Time Employee or Salary Continuation Former Employee who is entitled to an additional employer contribution for 2013 pursuant to the Code and the relevant terms of the TWX 401(k) Plan and following the AOL 401(k) Plan)Transfer Date, TWX shall be responsible for such employer contribution, which shall be contributed to a new account in the account of any AOL LLC Employee whose account balance was transferred from TWX 401(k) Plan created to accept such contribution, and TWX shall use reasonable efforts to cause the TWX 401(k) Plan to transfer the AOL balance in such account to the accounts of such Time Employees and Salary Continuation Former Employees in the Time 401(k) Plan. (b) TWX shall also remain responsible for employer contributions with respect to any Transferred To Time Employees for the period from January 1, 2014 up to the applicable Transfer Time. Such additional employer contributions shall be contributed to the account of the applicable Transferred To Time Employees in the TWX 401(k) Plan or, if such account has been transferred to the Time 401(k) Plan, to a new account in the TWX 401(k) Plan created to accept such contributions. The Time Group shall be responsible for employer contributions with respect to any Time Employees, Salary Continuation Former Employees or Former Time Employees who participate in the Time 401(k) Plan in accordance with Section 7.02 its policies and procedures for the prorated amount of relevant year. Time shall also remain responsible for employer contributions with respect to any Transferred To TWX Employee for the period from January 1, 2014 up to the applicable Transfer Time. Such additional employer contributions that shall be contributed to the account of the Transferred To TWX Employee in the Time 401(k) Plan or, if such AOL LLC Employee would otherwise account has been transferred to the TWX 401(k) Plan, to a new account in the Time 401(k) Plan created to accept such contributions. Any such new account may be eligible transferred to receive under the TWX 401(k) Plan based on his or her deferral of eligible compensation (as defined in the TWX Time 401(k) Plan) received from a member of the AOL Group or a member of the TWX Group prior to the AOL Employee Transfer Time and during the calendar year in which the AOL Employee Transfer Time occurs. TWX shall treat the AOL LLC Employees consistently with the employees of the members of the TWX Group for purposes of allocating forfeitures of account balances, or any portion thereofas applicable, under the TWX 401(k) Plan to the AOL LLC Employees. Following the end of the calendar year in which the Distribution Date occurs, if a TWX Retained Employee would otherwise be eligible for any additional employer contributions (in accordance with the TWX 401(k) Plan) for the calendar year in which the applicable TWX Retained Employee Transfer Time occurs, a member of the TWX Group will contribute (or allocate a portion of the forfeitures held by the TWX 401(k) Plan) to each such TWX Retained Employee’s account under the TWX 401(k) Plan the prorated amount of any such additional employer contributions to which the TWX Retained Employee is entitled based on his or her deferral of eligible compensation (as defined in the TWX 401(k) Plan) received from a member of the AOL Group up to but not including the applicable TWX Retained Employee Transfer Time (collectively, the “TWX Retained Employee 401(k) Contributions”), provided that such TWX Retained Employee is employed by the TWX Group on the last day of the calendar year in which the applicable TWX Retained Employee Transfer Time occurred. The obligations of the members of the AOL Group to reimburse such member of the TWX Group with respect to the TWX Retained Employee 401(k) Contributions in excess of forfeiture allocations are set forth in Section 15.019.03.