Common use of Forfeitures Clause in Contracts

Forfeitures. If a Participant terminates his employment, any portion of his Account (including any amounts credited after his termination of employment) not payable to him under Section 7.05 will be forfeited by him upon the complete distribution to him of the vested portion of his Account, if any, subject to the possibility of reinstatement as described in the following paragraph. For purposes of this paragraph, if the value of an Employee's vested Account balance is zero, the Employee shall be deemed to have received a distribution of his vested interest immediately following termination of employment. Such forfeitures will be applied to reduce the contributions of the Employer next payable under the Plan (or administrative expenses of the Plan); the forfeitures shall be held in a money market fund pending such application. If a Participant forfeits any portion of his Account under the preceding paragraph but again becomes an Employee after such date, then the amount so forfeited, without any adjustment for the earnings, expenses, or losses or gains of the assets credited to his Account since the date forfeited, will be recredited to his Account (or to a separate account as described in Section 7.06, if applicable) but only if he repays to the Plan before the earlier of five years after the date of his reemployment or the date he incurs 5 consecutive 1-year breaks in service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05. If an Employee is deemed to receive a distribution pursuant to this Section 7.07, and the Employee resumes employment before 5 consecutive 1-year breaks in service, the Employee shall be deemed to have repaid such distribution on the date of his reemployment. Upon such an actual or deemed repayment, the provisions of the Plan (including Section 7.06) will thereafter apply as if no forfeiture had occurred. The amount to be recredited pursuant to this paragraph will be derived first from the forfeitures, if any, which as of the date of recrediting have yet to be applied as provided in the preceding paragraph and, to the extent such forfeitures are insufficient, from a special Employer contribution to be made by the Employer. If a Participant elects not to receive the nonforfeitable portion of his Account following his termination of employment, the non-vested portion of his Account shall be forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributions.

Forfeitures. If a Participant terminates his employment, any portion of his Account (including any amounts credited after his termination of employment) not payable to him under Section 7.05 will be forfeited by him upon the complete distribution to him of the vested portion of his Account, if any, subject to the possibility of reinstatement as described in the following paragraph. For purposes of this paragraph, if the value of an Employee's vested Account balance is zero, the Employee shall be deemed to have received a distribution of his vested interest immediately following termination of employment. Such forfeitures will be applied to reduce the contributions of the Employer next payable under the Plan (or administrative expenses of the Plan); the forfeitures shall be held in a money market fund pending such application. If a Participant forfeits any portion of his Account under the preceding paragraph but again becomes an Employee after such date, then the amount so forfeited, without any adjustment for the earnings, expenses, or losses or gains of the assets credited to his Account since the date forfeited, will be recredited to his Account (or to a separate account as described in Section 7.06, if applicable) but only if he repays to the Plan before the earlier of five years after the date of his reemployment or the date he incurs 5 consecutive 1-year breaks in service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05. If an Employee is deemed to receive a distribution pursuant to this Section 7.07, 7.07 and the Employee resumes employment before 5 consecutive 1-year breaks in service, the Employee shall be deemed to have repaid such distribution on the date of his reemployment. Upon such an actual or deemed repayment, the provisions of the -33- 79 Plan (including Section 7.06) will thereafter apply as if no forfeiture had occurred. The amount to be recredited pursuant to this paragraph will be derived first from the forfeitures, if any, which as of the date of recrediting have yet to be applied as provided in the preceding paragraph and, to the extent such forfeitures are insufficient, from a special Employer contribution to be made by the Employer. If a Participant elects not to receive the nonforfeitable portion of his Account following his termination of employment, the non-vested portion of his Account shall be forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (332.01(a)(33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributions.

Forfeitures. If If, prior to July 1, 2001, a Participant terminates leaves the employ of the Employer prior to satisfying the requirements for normal, late or early retirement and at a time when he or she has not completed five whole years of Vesting Service (or, if Section 11.2 applies, at a time when he or she has less than a one hundred percent nonforfeitable interest in his employmentor her Share of the Trust Fund as determined under that Section), any portion of his Account (including any amounts credited after his termination the Participant’s Share of employment) the Trust Fund not payable to him or her under Section 7.05 8.4 (subject to Section 11.2, if applicable) will remain credited to the Participant’s account until such time as he or she has incurred a Period of Severance of at least five years in duration, at which time such portion will be forfeited by him upon or her. Notwithstanding the complete distribution foregoing, if at the time a Participant ceases to him of the vested be an Employee he or she has a nonforfeitable right under Section 11.2 to a portion of his Account, or her account and if any, subject at any time prior to the possibility expiration of reinstatement as described in the following paragraph. For purposes of this paragraph, if aforementioned five-year period the value of an Employee's vested Account balance is zero, the Employee shall be deemed to have received Participant or his or her Beneficiary receives a distribution of his vested interest immediately following termination of employment. Such forfeitures said nonforfeitable portion, the remaining (forfeitable) portion will be applied to reduce the contributions forfeited as of the Employer next payable under later of (a) the Plan date of such distribution, and (or administrative expenses b) the date on which the Participant has incurred a Period of Severance of at least 12 months in duration. In the Plan); the forfeitures shall be held in a money market fund pending such application. If a Participant forfeits event any portion of his Account a Participant’s Share of the Trust Fund is forfeited under the preceding paragraph sentence but again becomes an Employee after such dateParticipant is reemployed prior to incurring a Period of Severance of at least five years in duration, then the amount so forfeited, without any adjustment for the interest or earnings, expenses, or losses or gains of the assets credited to his Account since the date forfeited, will shall be recredited to his Account (or to a separate account as described in maintained for the benefit of the Participant under Section 7.067.2. Notwithstanding the provisions of Sections 8.4 or, if applicable) , Section 11.2, but only if he repays subject to the Plan before the earlier of five years after the date of his reemployment or the date he incurs 5 consecutive 1-year breaks in service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05. If an Employee is deemed to receive a distribution pursuant to this Section 7.07, and the Employee resumes employment before 5 consecutive 1-year breaks in service, the Employee shall be deemed to have repaid such distribution on the date of his reemployment. Upon such an actual or deemed repayment, the provisions of Sections 8.1, 8.2 and 8.3, the Plan Participant’s nonforfeitable interest in the portion of his or her Share of the Trust Fund held in such separate account will be equal to P (including AB + D) - D, where P is the nonforfeitable percentage at the time of reference as determined under Section 7.068.4 (or, if applicable, Section 11.2); AB is the account balance of the separate account at the time of reference; and D is the amount of the distribution. Amounts (if any) will thereafter apply as if no forfeiture had occurredrequired to be credited to a Participant’s account pursuant to the preceding paragraph shall be taken first from amounts forfeited by other Participants which have not yet been allocated in accordance with Section 7.5. The If such reallocated forfeitures are insufficient to reinstate in full the amount required to be recredited pursuant to this paragraph will a reemployed Participant’s account, the difference shall be derived first from contributed by the forfeituresParticipant’s Participating Employer. If, if anyafter such allocations, there remain forfeited amounts which as of the date of recrediting have yet to not been reallocated, such amounts shall be applied as provided in the preceding paragraph and, to the extent such forfeitures are insufficient, from a special Employer contribution to be made by the Employer. If a Participant elects not to receive the nonforfeitable portion of his Account following his termination of employment, the non-vested portion of his Account shall be forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributions7.5.

Forfeitures. If a Participant terminates his employment, any portion of ----------- his Account (including any amounts credited after his termination of employment) not payable to him under Section 7.05 will be forfeited by him upon the complete distribution to him of the vested portion of his Account, if any, subject to the possibility of reinstatement as described in the following paragraph. For purposes of this paragraph, if the value of an Employee's vested Account balance is zero, the Employee shall be deemed to have received a distribution of his vested interest immediately following termination of employment. Such forfeitures will be applied to reduce the contributions of the Employer next payable under the Plan (or administrative expenses of the Plan); the forfeitures shall be held in a money market fund pending such application. If a Participant forfeits any portion of his Account under the preceding paragraph but again becomes an Employee after such date, then the amount so forfeited, without any adjustment for the earnings, expenses, or losses or gains of the assets credited to his Account since the date forfeited, will be recredited to his Account (or to a separate account as described in Section 7.06, if applicable) but only if he repays to the Plan before the earlier of five years after the date of his reemployment or the date he incurs 5 consecutive 1-year breaks in service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05. If EXHIBIT 4.1 page 29 an Employee is deemed to receive a distribution pursuant to this Section 7.07, and the Employee resumes employment before 5 consecutive 1-year breaks in service, the Employee shall be deemed to have repaid such distribution on the date of his reemployment. Upon such an actual or deemed repayment, the provisions of the Plan (including Section 7.06) will thereafter apply as if no forfeiture had occurred. The amount to be recredited pursuant to this paragraph will be derived first from the forfeitures, if any, which as of the date of recrediting have yet to be applied as provided in the preceding paragraph and, to the extent such forfeitures are insufficient, from a special Employer contribution to be made by the Employer. If a Participant elects not to receive the nonforfeitable portion of his Account following his termination of employment, the non-vested portion of his Account shall be forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (332.01(a)(33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributions.

Forfeitures. If a Participant terminates his employment, With respect to all or any portion of his a Participant's ESOP Account and Matching Company Contributions Account which are subject to forfeiture under Article V(C) below (including Early Retirement; Vesting Schedule, etc.) - (1) With respect to the ESOP Account, or portion thereof, of a Participant which is forfeited under Article V(C) below (Early Retirement; Vesting Schedule, etc.) or any amounts credited after his termination other provision of employmentthis Agreement, on the date such Account or portion thereof is forfeited under Article V(C)(4), but (i) not payable to him under Section 7.05 will be forfeited by him upon in the complete distribution to him case of a Participant who consents to, and receives, the immediate payment of the vested Vested portion of his ESOP Account pursuant to Article V(E), as of the last day of the Plan Year in which the Participant's employment terminates, and (ii) in the case of a Participant who does not so consent to, and does not receive, the immediate payment of the Vested portion of his ESOP Account, if anyas of the last day of the Plan Year in which the nonvested portion of such Account is forfeited, subject such forfeited amount shall be credited to other ESOP Accounts, as provided by Article IV(A-2) above (Allocation of ESOP Contributions and Forfeitures). If the possibility Participant is not vested in any part of reinstatement as described in the following paragraph. For purposes of this paragraphhis ESOP Account, if the value of an Employee's vested Account balance is zero, the Employee he shall be deemed to have received a distribution elected to receive the Vested part of his vested interest immediately following ESOP Account, namely, zero, in a Lump Sum upon termination of his employment. Such forfeitures will . (2) Matching Company Contributions forfeited under Article V(C) shall be treated in the same manner as forfeited ESOP Contributions under (1) above as if the terms Matching Company Contributions and Matching Company Contributions Accounts were substituted for the terms ESOP Contributions and ESOP Accounts, except that instead of allocating such forfeited Matching Company Contributions to the Matching Company Contribution Accounts of other Participants such forfeited amounts shall be applied to reduce Matching Company Contributions otherwise authorized to be made to the contributions of the Employer next payable under Trust for the Plan (Year in which the forfeiture occurred or administrative expenses of for the Plan); the forfeitures next following Plan Year or Plan Years and pending such application shall be held in a money market fund pending such application. If a Participant forfeits any suspense account in the 401(k) portion of his Account under the preceding paragraph but again becomes an Employee after such date, then the amount so forfeited, without any adjustment for the earnings, expenses, or losses or gains of the assets credited to his Account since the date forfeited, will be recredited to his Account (or to a separate account as described in Section 7.06, if applicable) but only if he repays to the Plan before the earlier of five years after the date of his reemployment or the date he incurs 5 consecutive 1-year breaks in service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05. If an Employee is deemed to receive a distribution pursuant to this Section 7.07, and the Employee resumes employment before 5 consecutive 1-year breaks in service, the Employee shall be deemed to have repaid such distribution on the date of his reemployment. Upon such an actual or deemed repayment, the provisions of the Plan (including Section 7.06) will thereafter apply as if no forfeiture had occurred. The amount to be recredited pursuant to this paragraph will be derived first from the forfeitures, if any, which as of the date of recrediting have yet to be applied as provided in the preceding paragraph and, to the extent such forfeitures are insufficient, from a special Employer contribution to be made by the Employer. If a Participant elects not to receive the nonforfeitable portion of his Account following his termination of employment, the non-vested portion of his Account shall be forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributionsTrust.

Forfeitures. If (a) If, at the earlier of the date when distributions from a Participant terminates his employmentParticipant's Account begin or at the date he or she has five consecutive One-Year Breaks in Service, he or she has a Vested Percentage of less than 100% in any portion of his Account (including any amounts credited after his termination of employment) not payable to him under Section 7.05 Account, there will be forfeited by him upon the complete distribution to him of the vested portion of his Account, if any, subject a Forfeiture equal to the possibility amount in that Account in excess of reinstatement as described in the following paragraph. For purposes of this paragraph, if the value of an Employeethe Account multiplied by the Participant's vested Account balance Vested Percentage in the Account, unless it is zeroelected in the Adoption Agreement that such Forfeiture will not occur until the date the Participant has five consecutive One-Year Breaks in Service, even if distributions had been made or begun before that date. Once a Participant has received distribution of the Employee shall entire amount in each of his or her Accounts which is not a Forfeiture under this section, he or she will be deemed to have received a distribution of his vested or her entire interest immediately following termination in the Plan. (b) Any Excess Aggregate Contributions forfeited under section 4.10 will not be treated as a Forfeiture under section 7.11(a), but will otherwise be treated as a Forfeiture under section 7.11. (c) Forfeitures will first be applied to make and restoration of employment. Such forfeitures prior Forfeitures described in section 7.11(f) and then as follows: (i) If the Plan is established using Adoption Agreement NS-1, Forfeitures will be applied to reduce meet the contributions Employer Money Purchase Contribution obligation, unless it is elected in the Adoption Agreement to instead or additionally apply Forfeitures in one or more of the following ways, in any order, as specified in the Adoption Agreement: (A) As an additional Employer next payable Money Purchase Contribution, to be allocated to Participants' Money Purchase Accounts in the same manner as other Employer Money Purchase Contributions under section 4.3. (B) To reduce Plan expenses not paid by an Employer, in the same manner as if paid by an Employer under section 13.5. (C) As an additional Employer Money Purchase Contribution, to be allocated to the Money Purchase Accounts of all Participants under section 4.3(e)(i). (ii) If the Plan (is established using Adoption Agreement NS-2, Forfeitures from Employer Profit Sharing Accounts will be applied to meet the Employer Profit Sharing Contributions obligation, and Forfeitures from Matching Contribution Accounts will be used to meet the Employer Matching Contribution obligation, unless it is elected in the Adoption Agreement to instead or administrative expenses additionally apply Forfeitures in one or more of the Planfollowing ways, in any order, as specified in the Adoption Agreement: (A) As an additional Employer Profit Sharing or Matching Contribution, to be allocated to Participants' Employer Profit Sharing Contribution or Matching Contribution Accounts under section 4.2 or 4.4, as applicable. (B) To reduce Plan expenses not paid by an Employer, in the same manner as if paid by an Employer under section 13.5. (C) As an additional Employer Profit Sharing or Matching Contribution, to be allocated to Participants' Employer Profit Sharing Contribution or Matching Contributions Accounts in the same manner as if they were Employer Profit Sharing Contributions being allocated under section 4.2(f)(i); . (d) All Forfeitures will be allocated under paragraph (c) among all Participants in the forfeitures shall Plan who are otherwise eligible to receive an Employer contribution of the type that was forfeited, unless one or both of the following is elected in the Adoption Agreement: (i) Forfeitures will only be held in allocated among Participants who are Nonhighly Compensated Employees. (ii) Forfeitures from a money market fund pending such application. Participant will be allocated only among otherwise eligible Participants employed by the Employer who employed that Participant. (e) If a Participant forfeits any portion suffered a Forfeiture under section 7.11(a), then becomes a Participant again, but after having five consecutive One-Year Breaks in Service, his or her Years of Vesting Service after that period of One-Year Breaks in Service will not be taken into account in determining his or her Vested Percentage in amounts allocated to his or her Accounts before that period of One-Year Breaks in Service. (f) If a Participant suffered a Forfeiture on account of a distribution made before he or she had five consecutive One-Year Breaks in Service and then becomes a Participant again, when he or she has still not had five consecutive One-Year Breaks in Service, all his or her Years of Vesting Service will be counted in determining the Vested Percentage of his or her Account under balances; however, those Account balances will not include any amount which was treated as a Forfeiture unless the preceding paragraph but again becomes an Employee after such date, then the amount so forfeited, without any adjustment for the earnings, expenses, or losses or gains of the assets credited to his Account since the date forfeited, will be recredited to his Account (or to a separate account as described in Section 7.06, if applicable) but only if he Participant repays to the Plan the entire amount which was distributed to him or her before the earlier of five years after the date fifth anniversary of his or her reemployment by an Employer or the date he incurs 5 or she has five consecutive 1One-year breaks Year Breaks in service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05Service. If the Participant makes such a repayment an Employee is deemed amount equal to receive a distribution pursuant the amounts previously forfeited from those Accounts will be restored to this Section 7.07, and the Employee resumes employment before 5 consecutive 1-year breaks in serviceParticipant's Accounts from Forfeitures which are available for allocation under section 7.11(c). To the extent Forfeitures which are available for allocation under section 7.11(c) are not sufficient to satisfy such restoration, the Employee shall Employer will make a special restoration contribution under section 4.15 to the Participant's Accounts. This allocation of Forfeitures or contribution, as applicable, must be deemed to have repaid such distribution on made no later than the date of his reemployment. Upon such an actual or deemed repayment, the provisions last day of the Plan (including Section 7.06) will thereafter apply as if no forfeiture had occurred. The amount to be recredited pursuant to this paragraph will be derived first from Year following the forfeitures, if any, Plan Year in which as of the date of recrediting have yet to be applied as provided in Participant made the preceding paragraph and, to the extent such forfeitures are insufficient, from a special Employer contribution to be made by the Employer. If a Participant elects not to receive the nonforfeitable portion repayment of his Account following his termination of employment, the non-vested portion of his Account shall be forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributionsor her prior distribution.

Forfeitures. If a Participant an Employee terminates his employmentservice, any portion of his Account (including any amounts credited after his termination of employment) not payable to him under Section 7.05 will be forfeited by him upon and the complete distribution to him value of the Employee's vested Account balance derived from Employer and Employee contributions is not greater than $3,500 (May elect in the Adoption Agreement to substitute a dollar amount that is $5,000 or less, for Plan Years beginning after August 5, 1997.), and the Employee receives a distribution of the value of the entire vested portion of his Accountsuch Account balance, if anythe nonvested portion shall be treated as a Forfeiture, subject to the possibility of reinstatement as described unless elected otherwise in the following paragraphAdoption Agreement, the last day of the Plan Year in which the Participant's entire vested interest is distributed. For purposes If an Employee would have received a distribution under the preceding sentence but for the fact that the Employee's vested Account balance exceeded $5,000, or such lesser amount as elected above, when the Employee terminated service and if at a later time such Account balance is reduced such that it is not greater than $5,000, or such lesser amount as elected above, the Employee will receive a distribution of this paragraph, if such Account balance and the nonvested portion will be treated as a forfeiture. If the value of an Employee's vested Account balance is zero, the Employee shall be deemed to have received a distribution of his such vested interest immediately following termination Account balance. A Participant's vested Account balance shall not include accumulated deductible Employee contributions within the meaning of employment. Such forfeitures will be applied to reduce the contributions section 72(o)(5)(B) of the Employer next payable under Code for Plan Years beginning prior to January 1, 1989. Unless otherwise elected in the Plan (or administrative expenses Adoption Agreement, if an Employee terminates service, and elects, in accordance with the provisions of the Plan); , to receive the forfeitures value of the Employee's vested Account balance, the nonvested portion shall be held treated as a Forfeiture as of the last day of the Plan Year in a money market fund pending such applicationwhich all of the Participant's vested interest is distributed from the Plan. If a Participant forfeits any the Employee elects to have distributed less than the entire vested portion of the Account balance derived from Employer contributions, the part of the nonvested portion that will be treated as a Forfeiture is the total nonvested portion multiplied by a fraction, the numerator of which is the amount of the distribution attributable to Employer contributions and the denominator of which is the total value of the vested Employer-derived Account balance. If an Employee receives a distribution of an amount deducted from his Account when he has less than a one hundred percent (100%) vested and nonforfeitable interest in the Account and the Employee resumes employment covered under the preceding paragraph but again becomes an Employee after such datePlan, then the Employee's Employer-derived Account balance shall be restored to the amount so forfeited, without any adjustment for the earnings, expenses, or losses or gains of the assets credited to his Account since on the date forfeited, will be recredited to his Account (or to a separate account as described in Section 7.06, of distribution if applicable) but only if he the Employee repays to the Plan the full amount of the distribution attributable to Employer contributions before the earlier of five (5) years after the first date of his reemployment on which the Participant is subsequently re-employed by the Employer, or the date he the Participant incurs 5 five (5) consecutive 1-year breaks Breaks in service Service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05distribution. If an Employee is deemed to receive a distribution pursuant to this Section 7.07Section, and the Employee resumes employment covered under the Plan before 5 the date the Participant incurs five (5) consecutive 1-year breaks Breaks in serviceService, upon the reemployment of such Employee, the Employer-derived account balance of the Employee shall will be deemed restored to have repaid such distribution the amount on the date of his reemploymentsuch deemed distribution. Upon Unless otherwise elected in the Adoption Agreement, such an actual Forfeiture shall be allocated in the same manner as a contribution by the Employer for the year in which said Forfeiture occurred. If elected in the Adoption Agreement, a Participant or deemed repaymentBeneficiary due a benefit who cannot be located shall forfeit such benefit in the Plan Year it is determined the Participant cannot be located. If a benefit is forfeited because the Participant or Beneficiary cannot be found, such benefit will be reinstated if a claim is made by the provisions Participant or Beneficiary. The Employer may elect in the Adoption Agreement to use Forfeitures to offset administrative expenses of the Plan (including Section 7.06) will thereafter apply as if no forfeiture had occurred. The amount to be recredited pursuant to this paragraph will be derived first from the forfeitures, if any, which as of the date of recrediting have yet to be applied as provided in the preceding paragraph and, to the extent such forfeitures the expenses are insufficient, from a special Employer contribution to be made by the EmployerPlan expenses and not settlor expenses. If a Participant elects not is re-employed following a Break in Service and is entitled to receive the nonforfeitable portion restoration of any amount of his Account following his termination of employment, the non-vested portion of his Account shall be that was forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributionssuch Break in Service, such amount shall be restored in the manner specified in the Adoption Agreement.

Forfeitures. If a Participant terminates his employment, any portion ----------- of his Account (including any amounts credited after his termination of employment) not payable to him under Section 7.05 will be forfeited by him upon the complete distribution to him of the vested portion of his Account, if any, subject to the possibility of reinstatement as described in the following paragraph. For purposes of this paragraph, if the value of an Employee's vested Account account balance is zero, the Employee shall be deemed to have received a distribution of his vested interest immediately following termination of employment. Such forfeitures will be applied to reduce the contributions of the Employer next payable under the Plan (or administrative expenses of the Plan); the forfeitures shall be held in a money market fund pending such application. If a Participant forfeits any portion of his Account under the preceding paragraph but does again becomes become an Employee after such date, then the amount so forfeited, without any adjustment for the earnings, expenses, or losses or gains of the assets credited to his Account since the date forfeited, will be recredited to his Account (or to a separate account as described in Section 7.06, if applicable) but only if he repays to the Plan before the earlier of five years after the date of his reemployment or the date he incurs 5 consecutive 1-year breaks in service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05. If an Employee is deemed to receive a distribution pursuant to this Section 7.07, and the Employee resumes employment before 5 consecutive 1-year breaks in service, the Employee shall be deemed to have repaid such distribution on the date of his reemployment. Upon such an actual or deemed repayment, the provisions of the Plan (including Section 7.06) will thereafter apply as if no forfeiture had occurred. The amount to be recredited pursuant to this paragraph will be derived first from the forfeitures, if any, which as of the date of recrediting have yet to be applied as provided in the preceding paragraph and, to the extent such forfeitures are insufficient, from a special Employer contribution to be made by the Employer. If a Participant elects not to receive the nonforfeitable portion of his Account following his termination of employment, the non-vested portion of his Account shall be forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (332.01(a)(33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributions.

Forfeitures. If a Participant terminates his employment, any portion of his Account (including any amounts credited after his termination of employment) not payable to him under Section 7.05 will be forfeited by him upon the complete distribution to him of the vested portion of his Account, if any, subject to the possibility of reinstatement as described in the following paragraph. For purposes of this paragraph, if the value of an Employee's vested Account balance is zero, the Employee shall be deemed to have received a distribution of his vested interest immediately following termination of employment. Such forfeitures will be applied to reduce the contributions of the Employer next payable under the Plan (or administrative expenses of the Plan); the forfeitures shall be held in a money market fund pending such application. If a Participant forfeits any portion of his Account under the preceding paragraph but again becomes an Employee after such date, then the amount so forfeited, without any adjustment for the earnings, expenses, or losses or gains of the assets credited to his Account since the date forfeited, will be recredited to his Account (or to a separate account as described in Section 7.06, if applicable) but only if he repays to the Plan before the earlier of five years after the date of his reemployment or the date he incurs 5 consecutive 1-year breaks in service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05. If an 35 60 Employee is deemed to receive a distribution pursuant to this Section 7.07, and the Employee resumes employment before 5 consecutive 1-year breaks in service, the Employee shall be deemed to have repaid such distribution on the date of his reemployment. Upon such an actual or deemed repayment, the provisions of the Plan (including Section 7.06) will thereafter apply as if no forfeiture had occurred. The amount to be recredited pursuant to this paragraph will be derived first from the forfeitures, if any, which as of the date of recrediting have yet to be applied as provided in the preceding paragraph and, to the extent such forfeitures are insufficient, from a special Employer contribution to be made by the Employer. If a Participant elects not to receive the nonforfeitable portion of his Account following his termination of employment, the non-vested portion of his Account shall be forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (332.01(a)(33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributions.

Forfeitures. If a Participant terminates his employment, any portion of his Account (including any amounts credited after his termination of employment) not payable to him under Section 7.05 will be forfeited by him upon the complete distribution to him of the vested portion of his Account, if any, subject to the possibility of reinstatement as described in the following paragraph. For purposes of this paragraph, if the value of an Employee's vested Account balance is zero, the Employee shall be deemed to have received a distribution of his vested interest immediately following termination of employment. Such forfeitures will be applied to reduce the contributions of the Employer next payable under the Plan (or administrative expenses of the Plan); the forfeitures shall be held in a money market fund pending such application. If a Participant forfeits any portion of his Account under the preceding paragraph but again becomes an Employee after such date, then the amount so forfeited, without any adjustment for the earnings, expenses, or losses or gains of the assets credited to his Account since the date forfeited, will be recredited to his Account (or to a separate account as described in Section 7.06, if applicable) but only if he repays to the Plan before the earlier of five years after the date of his reemployment or the date he incurs 5 consecutive 1-year breaks in service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05. If an 35 62 Employee is deemed to receive a distribution pursuant to this Section 7.07, and the Employee resumes employment before 5 consecutive 1-year breaks in service, the Employee shall be deemed to have repaid such distribution on the date of his reemployment. Upon such an actual or deemed repayment, the provisions of the Plan (including Section 7.06) will thereafter apply as if no forfeiture had occurred. The amount to be recredited pursuant to this paragraph will be derived first from the forfeitures, if any, which as of the date of recrediting have yet to be applied as provided in the preceding paragraph and, to the extent such forfeitures are insufficient, from a special Employer contribution to be made by the Employer. If a Participant elects not to receive the nonforfeitable portion of his Account following his termination of employment, the non-vested portion of his Account shall be forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (332.01(a)(33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributions.

Forfeitures. If a Participant terminates his employment, any portion of his Account (including any amounts credited after his termination of employment) not payable to him under Section 7.05 will be forfeited by him upon the complete distribution to him of the vested portion of his Account, if any, subject to the possibility of reinstatement as described in the following paragraph. For purposes of this paragraph, if the value of an Employee's vested Account account balance is zero, the Employee shall be deemed to have received a distribution of his vested interest immediately following termination of employment. Such forfeitures will be applied to reduce the contributions of the Employer next payable under the Plan (or administrative expenses of the Plan); the forfeitures shall be held in a money market fund pending such application. If a Participant forfeits any portion of his Account under the preceding paragraph but does again becomes become an Employee after such date, then the amount so forfeited, without any adjustment for the earnings, expenses, or losses or gains of the assets credited to his Account since the date forfeited, will be recredited to his Account (or to a separate account as described in Section 7.06, if applicable) but only if he repays to the Plan before the earlier of five years after the date of his reemployment or the date he incurs 5 consecutive 1-year breaks in service following the date of the distribution the amount previously distributed to him, without interest, under Section 7.05. If an Employee is deemed to receive a distribution pursuant to this Section 7.07, and the Employee resumes employment before 5 consecutive 1-year breaks in service, the Employee shall be deemed to have repaid such distribution on the date of his reemployment. Upon such an actual or deemed repayment, the provisions of the Plan (including Section 7.06) will thereafter apply as if no forfeiture had occurred. The amount to be recredited pursuant to this paragraph will be derived first from the forfeitures, if any, which as of the this date of recrediting have yet to be applied as provided in the preceding paragraph and, to the extent such forfeitures are insufficient, from a special Employer contribution to be made by the Employer. If a Participant elects not to receive the nonforfeitable portion of his Account following his termination of employment, the non-vested portion of his Account shall be forfeited after the Participant has incurred five consecutive 1-year breaks in service as defined in Section 2.01(a) (332.01(a)(33). No forfeitures will occur solely as a result of a Participant's withdrawal of Employee contributions.