Excess Allocations Sample Clauses

Excess Allocations. If, after applying the allocation provisions under Section 5.04 of the Plan, allocations under Section 5.04 of the Plan would otherwise result in a violation of Section 415 of the Code, the Committee shall allocate and reallocate employer contributions to other Participants in the Plan for the limitation year or, if such allocation and reallocation causes the limitations of Section 415 of the Code to be exceeded, shall hold excess amounts in an unallocated suspense account for allocation in a subsequent Plan Year in accordance with Section 1.415-6(b)(6)(i) of the Treasury Regulations. Such suspense account, if permitted, will be credited before any allocation of contributions for subsequent limitation years.

Excess Allocations. Subject to Section 5.3 and Article 10, to the extent a Member’s Percentage Interest is adjusted for any reason as provided in this Agreement and the aggregate allocations of Net Profit (and similar items) net of any allocations of Net Losses (and similar items) made to such Member pursuant to Article 6 on a cumulative basis through the effective time of such adjustment exceeded: (a) the aggregate distributions made to such Member pursuant to Sections 5.1.1, 5.1.2(f) and 5.5 plus (b) all amounts previously distributed to such Member pursuant to this Section 5.1.4 through such effective time (collectively, an “Excess Allocation”), then prior to the making of any further distributions pursuant to Section 5.1.2(f) (or Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as ****. A complete version of the exhibit has been filed separately with the Securities and Exchange Commission.

Excess Allocations. Subject to Section 5.3 and Article 10, to the extent a Member’s Percentage Interest is adjusted for any reason as provided in this Agreement and the aggregate allocations of Net Profit (and similar items) net of any allocations of Net Losses (and similar items) made to such Member pursuant to Article 6 on a cumulative basis through the effective time of such adjustment exceeded: (a) the aggregate distributions made to such Member pursuant to Sections 5.1.1, 5.1.2(f) and 5.5 plus (b) all amounts previously distributed to such Member pursuant to this Section 5.1.4 through such effective time (collectively, an “Excess Allocation”), then prior to the making of any further distributions pursuant to Section 5.1.2(f) (or Section 5.5, to the extent a distribution made under Section 5.5 is apportioned among the Members in the same amounts as a like amount of cash would have been apportioned pursuant to Section 5.1.2(f)), distributions shall first be made pro rata among the Members according to their respective Excess Allocation amounts existing at such time, to the extent thereof.

Excess Allocations. Subject to Section 5.3 and Article 10, to the extent a Member’s Percentage Interest is adjusted for any reason as provided in this Agreement and the aggregate allocations of Net Profit (and similar items) net of any allocations of Net Losses (and similar items) made to such Member pursuant to Article 6 on a cumulative basis through the effective time of such adjustment exceeded: (a) the aggregate distributions made to such Member pursuant to Sections 5.1.1, 5.1.2(f) and 5.5 plus (b) all amounts previously distributed to such Member pursuant to this Section 5.1.4 through such effective time (collectively, an “Excess Allocation”), then prior to the making of any further distributions pursuant to Section 5.1.2(f) (or

Excess Allocations. (i) For Limitation Years Prior to July 1, 2007. If such Annual Additions with respect to any Participant for any Plan Year would exceed the limitations set forth in this Section 4.4, such excess Annual Additions shall be treated in accordance with the following as applicable: (1) First, any Employee contributions made by the Participant which would constitute excess Annual Additions for the Plan Year shall be returned to the Participant. (2) Second, any remaining excess Annual Additions shall be reallocated to other Participants in accordance with the method of allocation under Section 4.3 hereof to the extent that such allocations do not cause the Annual Additions to any such other Participant's Account to exceed the limitations set forth in this Section 4.4. (3) To the extent that such allocation or reallocation of excess amounts causes the limitation set forth in this Section 4.4 to be exceeded with respect to each participant for the Plan Year, then such amounts will be held unallocated in a suspense account, to be allocated in the next Plan Year(s) in accordance with Section 4.3 hereof. If such a suspense account is in existence at any time in accordance with this provision, all amounts in such suspense account must be allocated before any Employer contributions and Employee contribution which would constitute such Annual Additions may be made to the Plan. Investment gains and losses and other income shall not be allocated to such suspense account. Upon termination of the Plan, any amount remaining in such suspense account which is unallowable shall revert to the Employer. (ii) For Limitation Years Beginning On or After July 1, 2007. If such Annual Additions with respect to any Participant for any Plan Year would exceed the limitations set forth in this Section 4.4, such excess Annual Additions shall be treated in accordance with the final regulations relating to Code Section 415 that were made effective July 1, 2007. Such final regulations do not include the correction methods for excess annual additions that were previously in Section 1.415-6(b)(6) of the 1981 Income Tax Regulations. The Committee is permitted to implement corrections using these methods; provided, the Plan satisfies the eligibility requirements for self-correction under the Employee Plans Compliance Resolution System pursuant to Rev. Proc. 2006-27, as amended and modified by the Internal Revenue Service from time to time.