Common use of For Non Clause in Contracts

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 25 contracts

Samples: Adoption Agreement (Brenton Banks Inc), Adoption Agreement (Brenton Banks Inc), Plan and Trust Agreement (Horizon Health Corp /De/)

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For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 23 contracts

Samples: Adoption Agreement (Invesco Diversified Funds Inc), Adoption Agreement (Invesco Income Funds Inc), Adoption Agreement (Invesco International Funds Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose CHOOSE (1) or OR (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose CHOOSE (i) or OR (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%. [ ] (2) 0%. [NOTE: THE EMPLOYER MAY NOT SELECT THIS OPTION (2) UNLESS THE DEFINED BENEFIT PLAN SATISFIES THE TOP HEAVY MINIMUM BENEFIT REQUIREMENTS OF CODE SECTION 416 FOR THESE NON-KEY EMPLOYEES.]

Appears in 4 contracts

Samples: Adoption Agreement (Active Voice Corp), Adoption Agreement (Industrial Data Systems Corp), Adoption Agreement (Valley Community Bancshares Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.)

Appears in 3 contracts

Samples: Adoption Agreement (National Home Centers Inc), Adoption Agreement (Quicksilver Resources Inc), American National Financial Inc

For Non. Key Employees also participating in the defined benefit plan, the top top-heavy minimum is: (Choose one of (1) or (2)) [ ] o (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) one of a. or (iib.)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 3 contracts

Samples: Adoption Agreement (Trimeris Inc), Adoption Agreement (Americas Carmart Inc), Adoption Agreement (Americas Carmart Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 7-1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 3 contracts

Samples: Adoption Agreement (Regal Beloit Corp), Adoption Agreement (Transcrypt International Inc), Adoption Agreement (Wicor Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 2 contracts

Samples: Adoption Agreement (Motor Cargo Industries Inc), Adoption Agreement (Motor Cargo Industries Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting ii)Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 1 contract

Samples: Adoption Agreement (Allied Capital Corp)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: ([Choose (1) or (2)) ] [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: ([Choose (i) or (ii)) ] [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 1 contract

Samples: Non Standardized (Spice Entertaiment Companies Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 1 contract

Samples: Mmi Products Inc

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] |_| (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] |_| (i) No exceptions. [ ] |_| (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 1 contract

Samples: Adoption Agreement (Ce Software Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] o (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] o (ia) No exceptions. [ ] o (iib) Substituting "7 1/2%7½%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 1 contract

Samples: Adoption Agreement (Sauer Danfoss Inc)

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For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] | | (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.)

Appears in 1 contract

Samples: Oceaneering International Inc

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] ](i) No exceptions. [ ] ](ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 1 contract

Samples: Adoption Agreement (Eglobe Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 7-1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 1 contract

Samples: Adoption Agreement (Hub Group Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 1 contract

Samples: Adoption Agreement (National Auto Finance Co Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/27%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 1 contract

Samples: Adoption Agreement (Paychex Inc)

For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2one)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.

Appears in 1 contract

Samples: Adoption Agreement (Reptron Electronics Inc)

For Non. Key Employees also participating in the defined benefit plan, the top top-heavy minimum is: (Choose one of (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) one of a. or (ii)b.) [ ] (i) a. No exceptions. [ ] (ii) b. Substituting "7 1/2%" for "5%" if the top top- heavy ratio does not exceed 90%. [ ] (2) 0%. [Note: The defined benefit plan must satisfy the top-heavy minimum benefit requirement for these Non-Key Employees.]

Appears in 1 contract

Samples: Bank of Granite Corp

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