Common use of Metrocolor Facility Closing Benefit Clause in Contracts

Metrocolor Facility Closing Benefit. Because of the unique circumstances surrounding the closing of the film processing operations (the “Facility”) of Metrocolor Partners (“Metrocolor”), the following eligibility rule shall be applicable to certain Participants in the Retired Employees Fund who were affected by the plant closure of the Metrocolor Facility. (i) A participant will only be entitled to the benefits of this Section if he meets all of the following three criteria: (1) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder for services performed for Metrocolor at the Facility in 1987 and 1988; (2) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder from Metrocolor for services performed at the Facility on or after April 25, 1989; and (3) He had been credited with either (A) 18 or 19 Qualified Years by the end of the Plan Year ending in 1989, or (B) 28 or 29 Qualified Years by the end of the Plan Year ending in 1989. Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXII) (ii) A participant described in Subsection (i) shall be credited with an additional Qualified Year at the end of the Plan Year ending in 1990. In addition, if the Participant had either 18 or 28 Qualified Years at the end of the Plan Year ending in 1989, he shall be credited with an additional Qualified Year at the End of the Plan Year ending in 1991. The Participants entitled to the benefits of this Section shall not be entitled to the crediting of any hours because of this Section, but only of additional Qualified Years. (iii) A special rule shall apply if a Participant is credited with one or more Qualified Years under Subsection (ii) and would not have received credit for a Qualified Year during the Plan Years in question absent Subsection (ii) and subsequently earns additional Qualified Years. In this case, any additional Qualified Years earned by the Participant in addition to those credited under Subsection (ii) shall only count to the extent they exceed the Qualified Years credited under Subsection (ii). For example, if a Participant receives additional Qualified Years in the Plan Years ending in 1990 and 1991 under Subsection (ii), Qualified Years earned in the Plan Years ending in 1992 and 1993 would not count as Qualified Years hereunder (although hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder in 1992 and 1993 would be taken into account).

Metrocolor Facility Closing Benefit. Because of the unique circumstances surrounding the closing of the film processing operations (the “Facility”) of Metrocolor Partners (“Metrocolor”), the following eligibility rule shall be applicable to certain Participants in the Retired Employees Fund who were affected by the plant closure of the Metrocolor Facility. (i) A participant will only be entitled to the benefits of this Section if he meets all of the following three criteria: (1) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder for services performed for Metrocolor at the Facility in 1987 and 1988; (2) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder from Metrocolor for services performed at the Facility on or after April 25, 1989; and (3) He had been credited with either (A) 18 or 19 Qualified Years by the end of the Plan Year ending in 1989, or (B) 28 or 29 Qualified Years by the end of the Plan Year ending in 1989. Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXIICXXXVI) (ii) A participant described in Subsection (i) shall be credited with an additional Qualified Year at the end of the Plan Year ending in 1990. In addition, if the Participant had either 18 or 28 Qualified Years at the end of the Plan Year ending in 1989, he shall be credited with an additional Qualified Year at the End of the Plan Year ending in 1991. The Participants entitled to the benefits of this Section shall not be entitled to the crediting of any hours because of this Section, but only of additional Qualified Years. (iii) A special rule shall apply if a Participant is credited with one or more Qualified Years under Subsection (ii) and would not have received credit for a Qualified Year during the Plan Years in question absent Subsection (ii) and subsequently earns additional Qualified Years. In this case, any additional Qualified Years earned by the Participant in addition to those credited under Subsection (ii) shall only count to the extent they exceed the Qualified Years credited under Subsection (ii). For example, if a Participant receives additional Qualified Years in the Plan Years ending in 1990 and 1991 under Subsection (ii), Qualified Years earned in the Plan Years ending in 1992 and 1993 would not count as Qualified Years hereunder (although hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder in 1992 and 1993 would be taken into account).

Metrocolor Facility Closing Benefit. Because of the unique circumstances surrounding the closing of the film processing operations (the “Facility”) of Metrocolor Partners (“Metrocolor”), the following eligibility rule shall be applicable to certain Participants in the Retired Employees Fund who were affected by the plant closure of the Metrocolor Facility. (i) A participant will only be entitled to the benefits of this Section if he meets all of the following three criteria: (1) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder for services performed for Metrocolor at the Facility in 1987 and 1988; (2) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder from Metrocolor for services performed at the Facility on or after April 25, 1989; and (3) He had been credited with either (A) 18 or 19 Qualified Years by the end of the Plan Year ending in 1989, or (B) 28 or 29 Qualified Years by the end of the Plan Year ending in 1989. Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXIICXXX) (ii) A participant described in Subsection (i) shall be credited with an additional Qualified Year at the end of the Plan Year ending in 1990. In addition, if the Participant had either 18 or 28 Qualified Years at the end of the Plan Year ending in 1989, he shall be credited with an additional Qualified Year at the End of the Plan Year ending in 1991. The Participants entitled to the benefits of this Section shall not be entitled to the crediting of any hours because of this Section, but only of additional Qualified Years. (iii) A special rule shall apply if a Participant is credited with one or more Qualified Years under Subsection (ii) and would not have received credit for a Qualified Year during the Plan Years in question absent Subsection (ii) and subsequently earns additional Qualified Years. In this case, any additional Qualified Years earned by the Participant in addition to those credited under Subsection (ii) shall only count to the extent they exceed the Qualified Years credited under Subsection (ii). For example, if a Participant receives additional Qualified Years in the Plan Years ending in 1990 and 1991 under Subsection (ii), Qualified Years earned in the Plan Years ending in 1992 and 1993 would not count as Qualified Years hereunder (although hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder in 1992 and 1993 would be taken into account).

Metrocolor Facility Closing Benefit. (a) On August 25, 1989 layoffs commenced at the film processing operations (the “facility”) of Metrocolor Partners (“Metrocolor”). These layoffs were eventually followed by the complete closure of that facility. Because of the unique circumstances surrounding the closing of the film processing operations (the “Facility”) of Metrocolor Partners (“Metrocolor”)facility, the following eligibility rule shall be applicable this section provides a special benefit to certain Participants in the Retired Employees Fund Plan who were affected by the plant closure of the Metrocolor Facilityclosure. (ib) A participant Participant will only be entitled to the benefits of this Section section if he meets all of the following three criteria: (1) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder Credited Hours for services performed for Metrocolor at the Facility facility in 1987 and 1988; (2) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder Credited Hours from Metrocolor for services performed at the Facility facility on or after April 25, 1989.; and (3) He had has been credited with either (A) 18 or 19 Qualified Years by the end of the Plan Year ending in 1989, 1989 or (B) he has been credited with (i) at least 50,000 Credited Hours and (ii) 28 or 29 Qualified Years by the end of the Plan Year ending in 1989. Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXII). (iic) A participant Participant described in Subsection subsection (ib) shall be credited with an additional Qualified Year at the end of the Plan Year ending in 1990. In addition, if the Participant had either 18 or 28 Qualified Years at the end of the Plan Year ending in 1989, he shall be credited with an additional Qualified Year at the End end of the Plan Year ending in 1991. The Participants entitled to the benefits of this Section section shall not be entitled to the crediting of any hours additional Credited Hours because of this Sectionsection, but only of additional Qualified Years. (iiid) A special rule shall apply if a Participant is credited with one or more Qualified Years under Subsection subsection (iic) (and would not have received credit for a Qualified Year during the Plan Years in question absent Subsection subsection (iic)) and subsequently earns additional Qualified Years. In this case, any additional Qualified Years earned by the Participant in addition to those credited under Subsection subsection (iic) shall only count to the extent they exceed the Qualified Years credited under Subsection Restated 1993 Trust Agreement (iiInclusive of Amendments I through CVII) subsection (c). For example, if a Participant receives additional Qualified Years in the Plan Years ending in 1990 and 1991 under Subsection subsection (iic), Qualified Years earned in the Plan Years ending in 1992 and 1993 would not count as Qualified Years hereunder under the Plan (although hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder Credit Hours earned in 1992 and 1993 these Plan Years would be taken into account).

Metrocolor Facility Closing Benefit. (a) On August 25, 1989 layoffs commenced at the film processing operations (the “facility”) of Metrocolor Partners (“Metrocolor”). These layoffs were eventually followed by the complete closure of that facility. Because of the unique circumstances surrounding the closing of the film processing operations (the “Facility”) of Metrocolor Partners (“Metrocolor”)facility, the following eligibility rule shall be applicable this section provides a special benefit to certain Participants in the Retired Employees Fund Plan who were affected by the plant closure of the Metrocolor Facilityclosure. (ib) A participant Participant will only be entitled to the benefits of this Section section if he meets all of the following three criteria: (1) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder Credited Hours for services performed for Metrocolor at the Facility facility in 1987 and 1988; (2) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder Credited Hours from Metrocolor for services performed at the Facility facility on or after April 25, 1989.; and (3) He had has been credited with either (A) 18 or 19 Qualified Years by the end of the Plan Year ending in 1989, 1989 or (B) he has been credited with (i) at least 50,000 Credited Hours and (ii) 28 or 29 Qualified Years by the end of the Plan Year ending in 1989. Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXII). (iic) A participant Participant described in Subsection subsection (ib) shall be credited with an additional Qualified Year at the end of the Plan Year ending in 1990. In addition, if the Participant had either 18 or 28 Qualified Years at the end of the Plan Year ending in 1989, he shall be credited with an additional Qualified Year at the End end of the Plan Year ending in 1991. The Participants entitled to the benefits of this Section section shall not be entitled to the crediting of any hours additional Credited Hours because of this Sectionsection, but only of additional Qualified Years. (iiid) A special rule shall apply if a Participant is credited with one or more Qualified Years under Subsection subsection (iic) (and would not have received credit for a Qualified Year during the Plan Years in question absent Subsection subsection (iic)) and subsequently earns additional Qualified Years. In this case, any additional Qualified Years earned by the Participant in addition to those credited under Subsection subsection (iic) shall only count to the extent they exceed the Qualified Years credited under Subsection subsection (iic). For example, if a Participant receives additional Qualified Years in the Plan Years ending in 1990 and 1991 under Subsection subsection (iic), Qualified Years earned in the Plan Years ending in 1992 and 1993 would not count as Qualified Years hereunder under the Plan (although hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder Credit Hours earned in 1992 and 1993 these Plan Years would be taken into account).

Metrocolor Facility Closing Benefit. (a) On August 25, 1989 layoffs commenced at the film processing operations (the “facility”) of Metrocolor Partners (“Metrocolor”). These layoffs were eventually followed by the complete closure of that facility. Because of the unique circumstances surrounding the closing of the film processing operations (the “Facility”) of Metrocolor Partners (“Metrocolor”)facility, the following eligibility rule shall be applicable this section provides a special benefit to certain Participants in the Retired Employees Fund Plan who were affected by the plant closure of the Metrocolor Facilityclosure. (ib) A participant Participant will only be entitled to the benefits of this Section section if he meets all of the following three criteria: (1) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder Credited Hours for services performed for Metrocolor at the Facility facility in 1987 and 1988; (2) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder Credited Hours from Metrocolor for services performed at the Facility facility on or after April 25, 1989.; and (3) He had has been credited with either (A) 18 or 19 Qualified Years by the end of the Plan Year ending in 1989, 1989 or (B) he has been credited with (i) at least 50,000 Credited Hours and (ii) 28 or 29 Qualified Years by the end of the Plan Year ending in 1989. Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXII). (iic) A participant Participant described in Subsection subsection (ib) shall be credited with an additional Qualified Year at the end of the Plan Year ending in 1990. In addition, if the Participant had either 18 or 28 Qualified Years at the end of the Plan Year ending in 1989, he shall be credited with an additional Qualified Year at the End end of the Plan Year ending in 1991. The Participants entitled to the benefits of this Section section shall not be entitled to the crediting of any hours additional Credited Hours because of this Sectionsection, but only of additional Qualified Years. (iiid) A special rule shall apply if a Participant is credited with one or more Qualified Years under Subsection subsection (iic) (and would not have received credit for a Qualified Year during the Plan Years in question absent Subsection subsection (iic)) and subsequently earns additional Qualified Years. In this case, any additional Qualified Years earned by the Participant in addition to those credited under Subsection subsection (iic) shall only count to the extent they exceed the Qualified Years credited under Subsection Restated 1993 Trust Agreement (iiInclusive of Amendments I through CVI) subsection (c). For example, if a Participant receives additional Qualified Years in the Plan Years ending in 1990 and 1991 under Subsection subsection (iic), Qualified Years earned in the Plan Years ending in 1992 and 1993 would not count as Qualified Years hereunder under the Plan (although hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder Credit Hours earned in 1992 and 1993 these Plan Years would be taken into account).

Metrocolor Facility Closing Benefit. Because of the unique circumstances surrounding the closing of the film processing operations (the “Facility”) of Metrocolor Partners (“Metrocolor”), the following eligibility rule shall be applicable to certain Participants in the Retired Employees Fund who were affected by the plant closure of the Metrocolor Facility. (i) A participant will only be entitled to the benefits of this Section if he meets all of the following three criteria: (1) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder for services performed for Metrocolor at the Facility in 1987 and 1988; (2) He received at least 400 hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder from Metrocolor for services performed at the Facility on or after April 25, 1989; and (3) He had been credited with either (A) 18 or 19 Qualified Years by the end of the Plan Year ending in 1989, or (B) 28 or 29 Qualified Years by the end of the Plan Year ending in 1989. Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXIICXXXV) (ii) A participant described in Subsection (i) shall be credited with an additional Qualified Year at the end of the Plan Year ending in 1990. In addition, if the Participant had either 18 or 28 Qualified Years at the end of the Plan Year ending in 1989, he shall be credited with an additional Qualified Year at the End of the Plan Year ending in 1991. The Participants entitled to the benefits of this Section shall not be entitled to the crediting of any hours because of this Section, but only of additional Qualified Years. (iii) A special rule shall apply if a Participant is credited with one or more Qualified Years under Subsection (ii) and would not have received credit for a Qualified Year during the Plan Years in question absent Subsection (ii) and subsequently earns additional Qualified Years. In this case, any additional Qualified Years earned by the Participant in addition to those credited under Subsection (ii) shall only count to the extent they exceed the Qualified Years credited under Subsection (ii). For example, if a Participant receives additional Qualified Years in the Plan Years ending in 1990 and 1991 under Subsection (ii), Qualified Years earned in the Plan Years ending in 1992 and 1993 would not count as Qualified Years hereunder (although hours on which contributions were required to be paid and were actually paid to the Retired Employees Fund hereunder in 1992 and 1993 would be taken into account).