Common use of Minimum Contribution Clause in Contracts

Minimum Contribution. For any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, the Employer will contribute the lesser of 3% of such Participant’s Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions to the Plan, the Participant’s Compensation is less than a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution will be made to all Participants or to non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For any Plan Year (a) Except as otherwise provided in which the Plan is Top-Heavy(b) and (c) below, the aggregate Employer contributions and forfeitures allocated Fixed/Discretionary Contributions made on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, the Employer will contribute shall not be less than the lesser of 3% 3 percent (or such other percent elected by the Employer in Section 1.12(c)) of such Participant’s 's Compensation or or, in the case where the Employer has no Defined Benefit Plan defined benefit plan which designates this Plan to satisfy Code Section 401401 of the Code, the largest percentage of the Employer contributions and forfeiturescontributions, as a percentage of the first $200,000 of the Key Employee’s 's Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated made on behalf of any Key Employee for that year. For If the Employer selected the Integrated Formula in Section 1.05(a)(2), the minimum contribution shall be determined under paragraph (e) of this purposeSection 9.03. Further, Elective Deferrals the minimum contribution under this Section 9.03 shall be made even though, under other Plan provisions, the Participant would not otherwise be entitled to receive a contribution, or Xxxx Elective Deferrals as defined would have received a lesser contribution for the year, because (1) the Participant failed to complete 1,000 Hours of Service or any equivalent service requirement provided in Code Section 401(kthe Adoption Agreement; or (2) are used in determining the lesser Participant's Compensation was less than a stated amount. (b) The provisions of 3% of Compensation or the amount allocated on behalf of Key Employees. Each (a) above shall not apply to any Participant who is was not employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such Plan Year. . (c) The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation Employer contributions for the year because the Plan Year made on behalf of each Participant fails to make required contributions to the Plan, the Participant’s Compensation who is less than not a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated Key Employee and who is a participant in a defined benefit plan maintained by the Employer in the Adoption Agreement) during the Plan Year. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution will shall not be made to all Participants or to non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) less than 5 percent of the Employer and such Participant's Compensation, unless the Employer has provided in the Adoption Agreement Section 1.12(c) that the minimum allocation or benefit requirements applicable to this Plan contribution requirement will be satisfied met in the other plan(s). If a Key Employee makes an Elective Deferral plan or Xxxx Elective Deferral or has an allocation plans of Matching Contributions credited to his or her account, a Top-Heavy the Employer. (d) The minimum contribution required under (a) above (to the extent required to be nonforfeitable under Section 416(b) of the Code) may not be forfeited under Section 411(a)(3)(B) or 411(a)(3)(D) of the Code. (e) If the Employer elected an Integrated Formula in Section 1.05(a)(2), the allocation steps in Section 4.06(b)(2) shall be preceded by the following steps: (1) The Discretionary Employer Contributions will be required for non-Key Employees who are allocated to each eligible Participant (as determined under this Section 9.03) in the ratio that the Participant's Compensation bears to all Participants. For purposes ' Compensation, but not in excess of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise 3%(or such other percent elected by the Employer in the Adoption Agreement. Section 1.12(c). (2) Any Discretionary Employer Matching Contributions that are used remaining after (e)(1) above will be allocated to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide each eligible Participant in the Adoption Agreement ratio that the minimum benefit requirement shall be met Participant's Excess Compensation for the Plan Year bears to the Excess Compensation of all eligible Participants, but not in another plan, including another plan that consists solely excess of a cash or deferred arrangement which meets 3%(or such other percent elected by the requirements of Code Employer in Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(111.12(c)).

Minimum Contribution. For Notwithstanding any other provision in the Employer’s Plan, for any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this PlanPlan or a combination of paired or non-paired Defined Contribution Plans and no Defined Benefit Plans which are Top-Heavy, the Employer will contribute the lesser of 3% of such Participant’s Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. For this purpose. (a) In any Limitation Year prior to January 1, Elective Deferrals 2000, if the Employer maintains or Xxxx Elective Deferrals as defined in Code Section 401(kmaintained a Defined Benefit Plan which is not paired, the provisions of the “Limitations on Allocations” section of the Adoption Agreement shall apply. (b) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions to the Plan, the Participant’s Compensation is less than a stated amount, or the Participant fails to complete 1,000 one-thousand (1,000) Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A paired profit-sharing Plan designated to provide the Top-Heavy minimum contribution must do so regardless of profits. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution Contribution will be made to all Participants or to just non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals and Matching Contributions are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For any Except as otherwise specifically provided in this Section 15.03, the Nonelective Employer Contributions made for the Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Active Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan“key employee”, when combined with the Matching Employer will contribute Contributions made on behalf of such Active Participant for the Plan Year, shall not be less than the lesser of 3% three percent (or five percent, if selected by the Employer in Subsection 1.22(b) of the Adoption Agreement) of such Participant’s Compensation or for the Plan Year or, in the case where neither the Employer has no Defined Benefit Plan nor any Related Employer maintains a defined benefit plan which designates this uses the Plan to satisfy Code Section 401401(a)(4) or 410, the largest percentage of the Employer contributions and forfeituresmade on behalf of any “key employee” for the Plan Year, expressed as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated “key employee’s” Compensation for the Plan Year. Catch-Up Contributions made on behalf of any Key Employee a “key employee” for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in the Plan Year shall not be taken into account for purposes of determining the lesser amount of 3% the minimum contribution required hereunder. If an Active Participant is entitled to receive a minimum contribution under another qualified plan maintained by the Employer or a Related Employer that is a “top-heavy plan”, no minimum contribution shall be made hereunder unless the Employer has provided in Subsection 1.22(b)(1) of Compensation or the amount allocated Adoption Agreement that the minimum contribution shall be made under this Plan in any event. If the Employer has provided in Subsection 1.22(b)(2) that an alternative means shall be used to satisfy the minimum contribution requirements where an Active Participant is covered under multiple plans that are “top-heavy plans”, no minimum contribution shall be required under this Section, except as provided under the 416 Contributions Addendum to the Adoption Agreement. If a minimum contribution is required to be made under the Plan for the Plan Year on behalf of Key Employees. Each an Active Participant who is not a “key employee” and who is a participant in a defined benefit plan maintained by the Employer or a Related Employer that is aggregated with the Plan, the minimum contribution shall not be less than five percent of such Participant’s Compensation for the Plan Year. The minimum contribution required under this Section 15.03 shall be made to the Account of an Active Participant even though, under other Plan provisions, the Active Participant would not otherwise be entitled to receive a contribution, or would have received a lesser contribution for the Plan Year, because (a) the Active Participant failed to complete the Hours of Service requirement selected by the Employer in Subsection 1.11(e) or 1.12(d) of the Adoption Agreement, or (b) the Participant’s Compensation was less than a stated amount; provided, however, that no minimum contribution shall be made for a Plan Year to the Account of an Active Participant who is not employed by the Employer or a Related Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received That portion of a lesser allocation for the year because the Participant fails to make required contributions to the Plan, the Participant’s Compensation Account that is less than a stated amountattributable to minimum contributions required under this Section 15.03, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution will be made to all Participants or to non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered required to be nonforfeitable under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m416(b). The Employer , may provide in the Adoption Agreement that the minimum benefit requirement shall not be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of forfeited under Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11411(a)(3)(B).

Minimum Contribution. For Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Heavy or Super Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, Plan and any other Defined Contribution Plan of the Employer will contribute the shall be lesser of 3% of such Participant’s 's Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, 's annual Compensation allocated on behalf of any Key Employee for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s 's minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions Mandatory Contributions to the Plan, the Participant’s 's Compensation is less than a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A Paired profit-sharing plan designated to provide the minimum Top-Heavy contribution must do so regardless of profits. An Employer may elect in make the Adoption Agreement by resolution or by Plan amendment whether the minimum Top-Heavy minimum contribution will be made available to all Participants or to just non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, the Employer will contribute the lesser of 3% of such Participant’s Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s 's minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions to the Plan, the Participant’s 's Compensation is less than a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution will be made to all Participants or to non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For Notwithstanding any other provision in the Employer’s Plan, for any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this PlanPlan or a combination of paired or non-paired Defined Contribution Plans and no Defined Benefit Plans which are Top-Heavy, the Employer will contribute the lesser of 3% of such Participant’s Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. For this purpose. (a) In any Limitation Year prior to January 1, Elective Deferrals 2000, if the Employer maintains or Xxxx Elective Deferrals as defined in Code Section 401(kmaintained a Defined Benefit Plan which is not paired, the provisions of the “Limitations on Allocations” section of the Adoption Agreement shall apply. (b) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions to the Plan, the Participant’s Compensation is less than a stated amount, or the Participant fails to complete 1,000 one-thousand (1,000) Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A paired profit-sharing Plan designated to provide the Top- Heavy minimum contribution must do so regardless of profits. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution Contribution will be made to all Participants or to just non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals and Matching Contributions are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Top Heavy or Super Top Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, Plan and any other Defined Contribution Plan of the Employer will contribute shall be the lesser of 3% of such Participant’s 's Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensationfirst $200,000, up to a maximum permitted as adjusted under Code Section 401(a)(17415(d), as indexedof the Key Employee's Compensation, allocated on behalf of any Key Employee for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s 's minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions Voluntary Contributions to the Plan, the Participant’s 's Compensation is less than a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A Paired profit sharing plan designated to provide the minimum Top Heavy contribution must do so regardless of profits. An Employer may elect in make the Adoption Agreement by resolution or by Plan amendment whether the Top-minimum Top Heavy minimum contribution will be made available to all Participants or to non-just non Key Employees. Unless the Employer specifies otherwise in the Adoption Agreement, the minimum Top Heavy contribution will be allocated to the accounts of all eligible Participants even if they are Key Employees. For purposes of computing the minimum allocation, Compensation shall mean Compensation as defined in paragraph 1.12(c) of the Plan. The Top-Top Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan Top Heavy Plans will be satisfied met in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited contributions made to his or her account, a Top-Top Heavy minimum contribution will be required for non-all non Key Employees who are Participants. For However, neither Elective Deferrals by nor Matching Contributions to non Key Employees may be taken into account for purposes of satisfying the Top-Top Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For any each Plan Year in which that the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, the each Employer will contribute and allocate to the Savings Account of each Non-key Employee who is eligible to participate in the Plan and is employed by such Employer on the last day of such Plan Year an amount equal to the lesser of (i) three percent (3% %) of such Participant’s 's Compensation or (as defined in the case where the Employer has no Defined Benefit Section 14.2(a)) for such Plan which designates this Plan to satisfy Code Section 401, Year and (ii) the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code 's Compensation (as defined in Section 401(a)(1714.2(a)), as indexed, allocated on behalf to the Savings Account of any Key Employee for that yearsuch Year. For The minimum contribution allocable pursuant to this purpose, Elective Deferrals Section 14.5 will be deter- mined without regard to any Earnings Deferral Contributions or Xxxx Elective Deferrals as defined contributions by an Employer for any Employee under the Federal Social Security Act. A Non-key Employee will not be excluded from an allocation pursuant to this Section merely because his Compensation is less than the stated amount. A Non-key Employee who has become a Participant but who fails to complete at least 1,000 Hours of Service in Code Section 401(k) are used a Plan Year in determining which the lesser of 3% of Compensation or the amount allocated on behalf of Key EmployeesPlan is Top-Heavy shall not be excluded from an allocation pursuant to this Section. Each Participant A Non-key Employee who is employed by a Participant in the Employer Plan and who declined to elect to have Earnings Deferral Contributions made on his behalf under the last day of Plan for the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such that Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions to the Plan, the Participant’s Compensation is less than a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution will be made to all Participants or to non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable Year pursuant to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11)Section.

Minimum Contribution. For Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this PlanPlan or a combination of paired or non-paired Defined Contribution Plans and no Defined Benefit Plans which are Top-Heavy, the Employer will contribute the lesser of 3% of such Participant’s 's Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s 's Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. For this purpose. (a) In any Limitation Year prior to January 1, Elective Deferrals 2000, if the Employer maintains or Xxxx Elective Deferrals as defined in Code Section 401(kmaintained a Defined Benefit Plan which is not paired, the provisions of the "Limitations on Allocations" section of the Adoption Agreement shall apply. (b) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s 's minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions to the Plan, the Participant’s 's Compensation is less than a stated amount, or the Participant fails to complete 1,000 one-thousand (1,000) Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A paired profit-sharing Plan designated to provide the Top-Heavy minimum contribution must do so regardless of profits. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution Contribution will be made to all Participants or to just non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals and Matching Contributions are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Heavy or Super Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, Plan and any other Defined Contribution Plan of the Employer will contribute shall be the lesser of 3% of such Participant’s 's Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensationfirst $200,000, up to a maximum permitted as adjusted under Code Section 401(a)(17415(d), as indexedof the Key Employee's Compensation, allocated on behalf of any Key Employee for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s 's minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions Voluntary Contributions to the Plan, the Participant’s 's Compensation is less than a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A Paired profit-sharing plan designated to provide the minimum Top-Heavy contribution must do so regardless of profits. An Employer may elect in make the Adoption Agreement by resolution or by Plan amendment whether the minimum Top-Heavy minimum contribution will be made available to all Participants or to just non-Key Employees. Unless the Employer specifies otherwise in the Adoption Agreement, the minimum Top-Heavy contribution will be allocated to the accounts of all eligible Participants even if they are Key Employees. For purposes of computing the minimum allocation, Compensation shall mean Compensation as defined in paragraph 1.12(c) of the Plan. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan Top-Heavy Plans will be satisfied met in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited contributions made to his or her account, a Top-Heavy minimum contribution will be required for all non-Key Employees who are Participants. For However, neither Elective Deferrals by nor Matching Contributions to non-Key Employees may be taken into account for purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For (i) If the Employer does not maintain a defined benefit plan, for any Plan Year in which the this Plan is Toptop-Heavyheavy or deemed to be top-heavy, the aggregate Employer contributions (and forfeitures allocated forfeitures) made on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, and who is employed on the Employer will contribute last day of the Plan Year shall not be less than the lesser of three percent (3% %) of such Participant’s 's Compensation (as defined in Section 12.5(c)) or in the case where the Employer has no Defined Benefit Plan defined benefit plan which designates this Plan to satisfy Section 401 of the Code Section 401and this Plan is not integrated with social security, the largest percentage of the Employer contributions (including Elective Deferrals and Matching Contributions) and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code 's Compensation (as defined in Section 401(a)(1712.5(c), as indexed), allocated on behalf of any Key Employee for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such Plan Year. The minimum allocation applies is determined without regard to any Social Security contribution. This minimum allocation shall be made even though though, under other Plan provisions plan provisions, the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation . Neither Elective Deferrals nor Matching Contributions may be taken into account for the year because purpose of satisfying this minimum top-heavy allocation requirement. (ii) If the Participant fails to make required contributions to the PlanEmployer maintains a defined benefit plan, the Participant’s Compensation Employer contributions (and forfeitures) made on behalf of Participant who is less than not a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated Key Employee and who is a participant in a defined benefit plan maintained by the Employer shall not be less than five percent (5%) of such Participant's Compensation (as defined in Section 12.5(c)). (iii) If the Adoption Agreement) during the Plan Year. An Employer may elect elected an Integrated Formula in the Adoption Agreement for a profit sharing plan, "2.7%" shall be substituted for the term "Maximum Disparity Rate" in Section 5.5(b)(iv), and the allocation steps in Section 5.5(b)(iv) shall be preceded by resolution or by Plan amendment whether the Top-Heavy minimum contribution following steps: (1) Employer Contribution will be made allocated to each eligible Participant determined under Section 5.5(b) in the ratio that the Participant's Compensation bears to the aggregate Compensation of all Participants or eligible Participants, but not in excess of three percent (3%). (2) Any Employer Contribution remaining after (iii)(1) above will be allocated to non-Key Employees. each eligible Participant in the ratio that the Participant's Excess Compensation for the Plan Year bears to the aggregate Excess Compensation of all eligible Participants, but not in excess of three percent (3%). (iv) The Top-Heavy minimum contribution does provisions in (i) through (iii) above shall not apply to any Participant to the extent the Participant is covered under any other plan(s) plan or plans of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements requirement applicable to this Plan top-heavy plans will be satisfied met in the other plan(s). If a Key Employee makes an Elective Deferral plan or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11)plans.

Minimum Contribution. For Notwithstanding any other provision in the Employer’s Plan, for any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this PlanPlan or a combination of paired or non- paired Defined Contribution Plans and no Defined Benefit Plans which are Top-Heavy, the Employer will contribute the lesser of 3% of such Participant’s Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. For this purpose. (a) In any Limitation Year prior to January 1, Elective Deferrals 2000, if the Employer maintains or Xxxx Elective Deferrals as defined in Code Section 401(kmaintained a Defined Benefit Plan which is not paired, the provisions of the “Limitations on Allocations” section of the Adoption Agreement shall apply. (b) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions to the Plan, the Participant’s Compensation is less than a stated amount, or the Participant fails to complete 1,000 one-thousand (1,000) Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A paired profit-sharing Plan designated to provide the Top- Heavy minimum contribution must do so regardless of profits. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution Contribution will be made to all Participants or to just non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals and Matching Contributions are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Heavy or Super Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, Plan and any other defined Contribution Plan of the Employer will contribute the shall be lesser of 3% of such Participant’s 's Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, 's annual Compensation allocated on behalf of any Key Employee for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s 's minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions mandatory Contributions to the Plan, the Participant’s 's Compensation is less than a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A Paired profit-sharing plan designated to provide the minimum Top-Heavy contribution must do so regardless of profits. An Employer may elect in make the Adoption Agreement by resolution or by Plan amendment whether the minimum Top-Heavy minimum contribution will be made available to all Participants or to just non-Key Employees. For purposes of computing the minimum allocation, Compensation shall mean Compensation as defined in the second paragraph of paragraph 1.12 of the Plan. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in Section 11 of the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan Top-Heavy Plans will be satisfied met in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited made to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For , however, neither Elective Deferrals by nor Matching Contributions to non-Key Employees may be taken into account for purposes of satisfying the Toptop-Heavy heavy minimum contribution Contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For any Except as otherwise specifically provided in this Section 15.03, the Nonelective Employer Contributions made for the Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Active Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, the Employer will contribute "key employee" shall not be less than the lesser of 3% three percent (or such other percentage selected by the Employer in Subsection 1.21(c) of the Adoption Agreement) of such Participant’s 's Compensation or for the Plan Year or, in the case where neither the Employer has no Defined Benefit Plan nor any Related Employer maintains a defined benefit plan which designates this uses the Plan to satisfy Code Section 401401(a) (4) or 410, the largest percentage of the Employer contributions and forfeituresmade on behalf of any "key employee" for the Plan Year, expressed as a percentage of the Key Employee’s Compensation"key employee's" Compensation for the Plan Year, up unless the Employer has provided in Subsection 1.21(c) of the Adoption Agreement that the minimum contribution requirement shall be met under the other plan or plans of the Employer. The minimum contribution required under this Section 15.03 shall be made to the Account of an Active Participant even though, under other Plan provisions, the Active Participant would not otherwise be entitled to receive a maximum permitted under Code Section 401(a)(17)contribution, as indexedor would have received a lesser contribution for the Plan Year, allocated on behalf because (a) the Active Participant failed to complete the Hours of any Key Employee Service requirement selected by the Employer in Subsection 1.10(d) or l.ll(c) of the Adoption Agreement, or (b) the Participant's Compensation was less than a stated amount; provided, however, that no minimum contribution shall be made for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in determining a Plan Year to the lesser Account of 3% of Compensation or the amount allocated on behalf of Key Employees. Each an Active Participant who is not employed by the Employer or a Related Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation contribution for the year because the Plan Year made on behalf of each Active Participant fails to make required contributions to the Plan, the Participant’s Compensation who is less than not a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated "key employee" and who is a participant in a defined benefit plan maintained by the Employer in the Adoption Agreement) during or a Related Employer shall not be less than five percent of such Participant's Compensation for the Plan Year. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution will be made to all Participants or to non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and , unless the Employer has provided in Subsection 1.21(c) of the Adoption Agreement that the minimum allocation contribution requirement shall be met under the other plan or benefit requirements applicable plans of the Employer. That portion of a Participant's Account that is attributable to minimum contributions required under this Section 15.03, to the extent required to be nonforfeitable under Code Section 416(b), may not be forfeited under Code Section 411(a)(3)(B) . Notwithstanding any other provision of the Plan will be satisfied to the contrary, for purposes of this Article, Compensation shall include amounts that are not includable in the other plan(sgross income of the Participant under a salary reduction agreement by reason of the application of Code Section 125, 132(f)(4), 402(e) (3), 402(h), or 403(b) . If a Key Compensation shall generally be based on the amount actually paid to the Eligible Employee makes during the Plan Year or during that portion of the Plan Year during which the Eligible Employee is an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her accountActive Participant, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise as elected by the Employer in Subsection 1.05(c) of the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For any Except as otherwise specifically provided in this Section 15.03, the Nonelective Employer Contributions made for the Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Active Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, the Employer will contribute "key employee" shall not be less than the lesser of 3% three percent (or such other percentage selected by the Employer in Subsection 1.21(c) of the Adoption Agreement) of such Participant’s 's Compensation or for the Plan Year or, in the case where neither the Employer has no Defined Benefit Plan nor any Related Employer maintains a defined benefit plan which designates this uses the Plan to satisfy Code Section 401401(a)(4) or 410, the largest percentage of the Employer contributions and forfeituresmade on behalf of any "key employee" for the Plan Year, expressed as a percentage of the Key Employee’s Compensation"key employee's" Compensation for the Plan Year, up unless the Employer has provided in Subsection 1.21(c) of the Adoption Agreement that the minimum contribution requirement shall be met under the other plan or plans of the Employer. The minimum contribution required under this Section 15.03 shall be made to the Account of an Active Participant even though, under other Plan provisions, the Active Participant would not otherwise be entitled to receive a maximum permitted under Code Section 401(a)(17)contribution, as indexedor would have received a lesser contribution for the Plan Year, allocated on behalf because (a) the Active Participant failed to complete the Hours of any Key Employee Service requirement selected by the Employer in Subsection 1.10(d) or 1.11(c) of the Adoption Agreement, or (b) the Participant's Compensation was less than a stated amount; provided, however, that no minimum contribution shall be made for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in determining a Plan Year to the lesser Account of 3% of Compensation or the amount allocated on behalf of Key Employees. Each an Active Participant who is not employed by the Employer or a Related Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation contribution for the year because the Plan Year made on behalf of each Active Participant fails to make required contributions to the Plan, the Participant’s Compensation who is less than not a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated "key employee" and who is a participant in a defined benefit plan maintained by the Employer in the Adoption Agreement) during or a Related Employer shall not be less than five percent of such Participant's Compensation for the Plan Year. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution will be made to all Participants or to non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and , unless the Employer has provided in Subsection 1.21(c) of the Adoption Agreement that the minimum allocation contribution requirement shall be met under the other plan or benefit requirements applicable plans of the Employer. That portion of a Participant's Account that is attributable to minimum contributions required under this Section 1S.03, to the extent required to be nonforfeitable under Code Section 416(b), may not be forfeited under Code Section 411(a)(3)(B). Notwithstanding any other provision of the Plan will be satisfied to the contrary, for purposes of this Article, Compensation shall include amounts that are not includable in the other plan(sgross income of the Participant under a salary reduction agreement by reason of the application of Code Section 125, 132(f)(4), 402(e)(3), 402(h), or 403(b). If a Key Compensation shall generally be based on the amount actually paid to the Eligible Employee makes during the Plan Year or during that portion of the Plan Year during which the Eligible Employee is an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her accountActive Participant, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise as elected by the Employer in Subsection 1.O5(c) of the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, the Employer will contribute the lesser of 3% of such Participant’s Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. For this purpose, Elective Deferrals or Xxxx Rxxx Elective Deferrals as defined in Code Section 401(k) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s 's minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions to the Plan, the Participant’s 's Compensation is less than a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution will be made to all Participants or to non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Rxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Rxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For any Except as otherwise specifically provided in this Section 15.03, the Nonelective Employer Contributions made for the Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Active Participant who is not a Key Employee (without regard to any Social Security contribution) under this Plan, the Employer will contribute "key employee" shall not be less than the lesser of 3% three percent (or such other percentage selected by the Employer in Subsection 1.21(c) of the Adoption Agreement) of such Participant’s 's Compensation or for the Plan Year or, in the case where neither the Employer has no Defined Benefit Plan nor any Related Employer maintains a defined benefit plan which designates this uses the Plan to satisfy Code Section 401401(a)(4) or 410, the largest percentage of the Employer contributions and forfeituresmade on behalf of any "key employee" for the Plan Year, expressed as a percentage of the Key Employee’s Compensation"key employee's" Compensation for the Plan Year, up unless the Employer has provided in Subsection 1.21(c) of the Adoption Agreement that the minimum contribution requirement shall be met under the other plan or plans of the Employer. The minimum contribution required under this Section 15.03 shall be made to the Account of an Active Participant even though, under other Plan provisions, the Active Participant would not otherwise be entitled to receive a maximum permitted under Code Section 401(a)(17)contribution, as indexedor would have received a lesser contribution for the Plan Year, allocated on behalf because (a) the Active Participant failed to complete the Hours of any Key Employee Service requirement selected by the Employer in Subsection 1.10(d) or 1.11(c) of the Adoption Agreement, or (b) the Participant's Compensation was less than a stated amount; provided, however, that no minimum contribution shall be made for that year. For this purpose, Elective Deferrals or Xxxx Elective Deferrals as defined in Code Section 401(k) are used in determining a Plan Year to the lesser Account of 3% of Compensation or the amount allocated on behalf of Key Employees. Each an Active Participant who is not employed by the Employer or a Related Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation contribution for the year because the Plan Year made on behalf of each Active Participant fails to make required contributions to the Plan, the Participant’s Compensation who is less than not a stated amount, or the Participant fails to complete 1,000 Hours of Service (or such lesser number designated "key employee" and who is a participant in a defined benefit plan maintained by the Employer in the Adoption Agreement) during or a Related Employer shall not be less than five percent of such Participant's Compensation for the Plan Year. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution will be made to all Participants or to non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and , unless the Employer has provided in Subsection 1.21(c) of the Adoption Agreement that the minimum allocation contribution requirement shall be met under the other plan or benefit requirements applicable plans of the Employer. That portion of a Participant's Account that is attributable to minimum contributions required under this Section 15.03, to the extent required to be nonforfeitable under Code Section 416(b), may not be forfeited under Code Section 411(a)(3)(B). Notwithstanding any other provision of the Plan will be satisfied to the contrary, for purposes of this Article, Compensation shall include amounts that are not includable in the other plan(sgross income of the Participant under a salary reduction agreement by reason of the application of Code Section 125, 132(f)(4), 402(e)(3), 402(h), or 403(b). If a Key Compensation shall generally be based on the amount actually paid to the Eligible Employee makes during the Plan Year or during that portion of the Plan Year during which the Eligible Employee is an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her accountActive Participant, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals are not taken into account; Matching Contributions shall be taken into account unless otherwise as elected by the Employer in Subsection 1.05(c) of the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).

Minimum Contribution. For Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee (without regard to any Social Security contribution) under this PlanPlan or a combination of paired or non-paired Defined Contribution Plans and no Defined Benefit Plans which are Top-Heavy, the Employer will contribute the lesser of 3% of such Participant’s Compensation or in the case where the Employer has no Defined Benefit Plan which designates this Plan to satisfy Code Section 401, the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee’s Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. For this purposethat (a) In any Limitation Year prior to January 1, Elective Deferrals 2000, if the Employer maintains or Xxxx Elective Deferrals as defined in Code Section 401(kmaintained a Defined Benefit Plan which is not paired, the provisions of the “Limitations on Allocations” section of the Adoption Agreement shall apply. (b) are used in determining the lesser of 3% of Compensation or the amount allocated on behalf of Key Employees. Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer’s 's minimum contribution for such Plan Year. The minimum allocation applies even though under other Plan provisions the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because the Participant fails to make required contributions to the Plan, the Participant’s 's Compensation is less than a stated amount, or the Participant fails to complete 1,000 one-thousand (1,000) Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A paired profit-sharing Plan designated to provide the Top-Heavy minimum contribution must do so regardless of profits. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum contribution Contribution will be made to all Participants or to just non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or Xxxx Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals or Xxxx Elective Deferrals and Matching Contributions are not taken into account; Matching Contributions shall be taken into account unless otherwise elected by the Employer in the Adoption Agreement. Employer Matching Contributions that are used to satisfy the minimum contribution requirements shall be treated as Matching Contributions for purposes of the ACP Test and other requirements of Code Section 401(m). The Employer may provide in the Adoption Agreement that the minimum benefit requirement shall be met in another plan, including another plan that consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) and Matching Contributions which meet the requirements of Code Section 401(m)(11).