Common use of Mistake of Fact or Disallowance of Deduction Clause in Contracts

Mistake of Fact or Disallowance of Deduction. If the Committee in good faith determines that (a) a Company Contribution or Company Matching Contribution or Elective Contribution, or all of them was made by reason of a mistake of fact, or (b) a Company Contribution or Company Matching Contribution or Elective Contribution, or all of them is conditioned on its being deductible under Code Section 404, but the Internal Revenue Service disallows such deduction, the Trustee shall, upon direction of the Committee, return the amount of the excess Company Contribution or Company Matching Contribution or Elective Contribution, or all of them to the contributing Employer. All payments of returned Company Contributions or Company Matching Contributions or Elective Contribution, or all of them under this Section shall be made within one (1) year from the date of the payment of such mistaken Company Contribution or Company Matching Contribution or Elective Contribution, or all of them or the disallowance by the Internal Revenue Service of the deduction, whichever is applicable. The amount of the excess Company Contribution or Company Matching Contribution or Elective Contribution, or all of them shall be the excess of (1) the amount contributed over (2) the amount that would have been contributed had there not occurred a mistake of fact or had the deduction not been disallowed. Earnings attributable to the excess Company Contribution or Company Matching Contribution or Elective Contribution, or all of them shall not be returned to the contributing Employer, but losses attributable thereto shall reduce the amount of such Company Contribution or Company Matching Contribution or Elective Contribution, or all of them to be so returned. Furthermore, if the withdrawal of the amount attributable to the mistaken Company Contribution or Company Matching Contribution or Elective Contribution, or all of them would cause the balance of a Participant’s Account to be reduced to an amount which is less than the balance which would have been in said Account had the mistaken amount not been contributed, then the amount to be returned to the Employer under this Section will be reduced so as to avoid any such reduction.

Mistake of Fact or Disallowance of Deduction. If the Committee Plan Administrator in good faith determines that (a) a Company Contribution or Company Discretionary Contribution, a Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution was made by reason of a mistake of fact, fact or (b) a Company Contribution or Company Discretionary Contribution, a Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution is conditioned on its being deductible under Code Section section 404, but the Internal Revenue Service disallows such deduction, the Trustee shallamount of the excess Discretionary Contribution, Matching Contribution or Pre-Tax Contribution less losses attributable thereto may, upon direction of the CommitteePlan Administrator, return the amount of the excess Company Contribution or Company Matching Contribution or Elective Contribution, or all of them be returned to the contributing Employer. All payments of returned Company Contributions or Company Discretionary Contribution, Matching Contributions or Elective Contribution, or all of them Pre-Tax Contributions under this Section shall be made within one (1) year from the date of the payment of such mistaken Company Contribution or Company Discretionary Contribution, Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution or the disallowance by the Internal Revenue Service of the deduction, whichever is applicable. The amount of the excess Company Contribution or Company Discretionary Contribution, Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution shall be the excess of (1) the amount contributed over (2) the amount that would have been contributed had there not occurred a mistake of fact or had the deduction not been disallowed. Earnings attributable to the excess Company Contribution or Company Discretionary Contribution, Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution shall not be returned to the contributing Employer, but losses attributable thereto shall reduce the amount of such Company Contribution or Company Discretionary Contribution, Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution to be so returned. Furthermore, if the withdrawal of the amount attributable to the mistaken Company Contribution or Company Discretionary Contribution, Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution would cause the balance of a Participant’s Account to be reduced to an amount which is less than the balance which would have been in said Account had the mistaken Discretionary Contribution, amount not been contributed, then the amount to be returned to the Employer under this Section will be reduced so as to avoid any such reduction.

Mistake of Fact or Disallowance of Deduction. If the Committee Plan Administrator in good faith determines that (a) a Company Contribution or Company Discretionary Contribution, a Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution was made by reason of a mistake of fact, fact or (b) a Company Contribution or Company Discretionary Contribution, a Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution is conditioned on its being deductible under Code Section 404, but the Internal Revenue Service disallows such deduction, the Trustee shallamount of the excess Discretionary Contribution, Matching Contribution or Pre-Tax Contribution less losses attributable thereto may, upon direction of the CommitteePlan Administrator, return the amount of the excess Company Contribution or Company Matching Contribution or Elective Contribution, or all of them be returned to the contributing Employer. All payments of returned Company Contributions or Company Discretionary Contribution, Matching Contributions or Elective Contribution, or all of them Pre-Tax Contributions under this Section SECTION shall be made within one (1) year from the date of the payment of such mistaken Company Contribution or Company Discretionary Contribution, Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution or the disallowance by the Internal Revenue Service of the deduction, whichever is applicable. The amount of the excess Company Contribution or Company Discretionary Contribution, Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution shall be the excess of (1) the amount contributed over (2) the amount that would have been contributed had there not occurred a mistake of fact or had the deduction not been disallowed. Earnings attributable to the excess Company Contribution or Company Discretionary Contribution, Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution shall not be returned to the contributing Employer, but losses attributable thereto shall reduce the amount of such Company Contribution or Company Discretionary Contribution, Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution to be so returned. Furthermore, if the withdrawal of the amount attributable to the mistaken Company Contribution or Company Discretionary Contribution, Matching Contribution or Elective Contribution, or all of them Pre-Tax Contribution would cause the balance of a Participant’s 's Account to be reduced to an amount which is less than the balance which would have been in said Account had the mistaken Discretionary Contribution, amount not been contributed, then the amount to be returned to the Employer under this Section SECTION will be reduced so as to avoid any such reduction.