Common use of Multiple Use Clause in Contracts

Multiple Use. If one or more Highly Compensated Employees participate in both a cash or deferred arrangement and a plan subject to the ACP Test and the sum of the Actual Deferral Percentage and the Actual Contribution Percentage of those Highly Compensated Employees exceeds the "aggregate limit", then the Actual Contribution Percentage of those Highly Compensated Employees will be reduced, beginning with such Highly Compensated Employee whose Actual Contribution Percentage is the highest, so that the limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage is reduced shall be treated as an Excess Aggregate Contribution. The Actual Deferral Percentage and Actual Contribution Percentage of the Highly Compensated Employees are determined after any corrections required to meet the ADP Test and the ACP Test. Multiple use does not occur if either the Average Deferral Percentage or Actual Contribution Percentage of the Highly Compensated Employees does not exceed 1.25 multiplied by the Actual Deferral Percentage and the Actual Contribution Percentage of the Nonhighly Compensated Employees. (i) The "aggregate limit" is the sum of (1) 125% of the greater of the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year or the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year beginning with or within the Plan Year and (2) the lesser of 200% or two plus the lesser of such Actual Deferral Percentage or Actual Contribution Percentage. "Lesser" is substituted for "greater" in "(1)," above, and "greater" is substituted for "lesser" after "two plus the" in "(2)" if it would result in a larger aggregate limit.

Multiple Use. If one or more Highly Compensated Employees participate in both a cash or deferred arrangement and a plan that is subject to the ACP Test Average Contribution Percentage test that is maintained by the Employer, and the sum of the Actual Average Deferral Percentage and the Actual Average Contribution Percentage of those the Highly Compensated Employees subject to either or both tests exceeds the "aggregate limit"Aggregate Limit, then the Actual Average Contribution Percentage of those the Highly Compensated Employees who also participate in the cash or deferred arrangement will be reduced, reduced (beginning with such the Highly Compensated Employee whose Actual with the highest Contribution Percentage is Percentage) by the highest, so smallest amount that would cause the aggregate limit is not to be exceeded. The amount by which each Highly Compensated Employee's "Contribution Percentage amount" is reduced shall will be treated as an Excess Aggregate Contribution. The Actual Average Deferral Percentage and Actual Average Contribution Percentage of the Highly Compensated Employees are will be determined after any corrections that are required to meet the ADP Test Average Deferral Percentage and the ACP TestAverage Contribution Percentage tests are made. Multiple use does The Aggregate Limit will not occur be exceeded if either the Average Deferral Percentage or Actual Average Contribution Percentage of the Highly Compensated Employees does not exceed 1.25 multiplied by the Actual Average Deferral Percentage and the Actual or Average Contribution Percentage (whichever is applicable) of the Nonhighly Compensated Employees. (i) The "aggregate limit" is the sum of (1) 125% of the greater of the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year or the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year beginning with or within the Plan Year and (2) the lesser of 200% or two plus the lesser of such Actual Deferral Percentage or Actual Contribution Percentage. "Lesser" is substituted for "greater" in "(1)," above, and "greater" is substituted for "lesser" after "two plus the" in "(2)" if it would result in a larger aggregate limit.

Multiple Use. If one or more Highly Compensated Employees participate participates in both a cash or deferred arrangement and a plan that is subject to the ACP Test Average Contribution Percentage test that is maintained by the Employer, and the sum of the Actual Average Deferral Percentage and the Actual Average Contribution Percentage of those the Highly Compensated Employees subject to either or both tests exceeds the "aggregate limit"Aggregate Limit, then the Actual Average Contribution Percentage of those the Highly Compensated Employees who also participate in the cash or deferred arrangement will be reduced, reduced (beginning with such the Highly Compensated Employee whose Actual with the highest Contribution Percentage is Percentage) by the highest, so smallest amount that would cause the aggregate limit is not to be exceeded. The amount by which each Highly Compensated Employee's "Contribution Percentage amount" is reduced shall will be treated as an Excess Aggregate Contribution. The Actual Average Deferral Percentage and Actual Average Contribution Percentage of the Highly Compensated Employees are will be determined after any corrections that are required to meet the ADP Test Average Deferral Percentage and the ACP TestAverage Contribution Percentage tests are made. Multiple use does The Aggregate Limit will not occur be exceeded if either the Average Deferral Percentage or Actual Average Contribution Percentage of the Highly Compensated Employees does not exceed 1.25 multiplied by the Actual Average Deferral Percentage and the Actual or Average Contribution Percentage (whichever is applicable) of the Nonhighly Compensated Employees. (i) The "aggregate limit" is the sum of (1) 125% of the greater of the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year or the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year beginning with or within the Plan Year and (2) the lesser of 200% or two plus the lesser of such Actual Deferral Percentage or Actual Contribution Percentage. "Lesser" is substituted for "greater" in "(1)," above, and "greater" is substituted for "lesser" after "two plus the" in "(2)" if it would result in a larger aggregate limit.

Multiple Use. If one or more Highly Compensated Employees ------------ participate in both a cash or deferred arrangement subject to Code Section 401(k) and a plan maintained by the Employer subject to the ACP Test Code Section 401(m) and the sum of the Actual Deferral Percentage and the Actual Average Contribution Percentage of those Highly Compensated Employees subject to either or both tests exceeds the "aggregate limit"Aggregate Limit, then the Actual Average Contribution Percentage of those Highly Compensated Employees who also participate in a cash or deferred arrangement will be reduced, beginning with such the Highly Compensated Employee whose Actual Average Contribution Percentage is the highest, so that the limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage Amount is reduced shall be treated as an Excess Aggregate Contribution. The Actual Deferral Percentage and Actual Average Contribution Percentage of the Highly Compensated Employees are determined after any corrections required after (A) use of Qualified Non-Elective Contributions and Qualified Matching Contributions to meet the ADP Test Actual Deferral Percentage Test; (B) use of Qualified Non-Elective Contributions and Elective Contributions to meet the ACP Actual Deferral Percentage Test; (C) any corrective distribution or forfeiture of Excess Deferrals, Excess Contributions or Excess Aggregate Contributions; and (D) after any recharacterization of Excess Contributions required without regard to multiple use of the alternative limitation. Multiple use does not occur occurs if either the Average Actual Deferral Percentage or Actual and Average Contribution Percentage of the Highly Compensated Employees does not exceed exceeds 1.25 multiplied by the Actual Deferral Percentage and the Actual Average Contribution Percentage of the Nonhighly Compensated Employees. (i) The "aggregate limit" is the sum of (1) 125% of the greater of the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year or the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year beginning with or within the Plan Year and (2) the lesser of 200% or two plus the lesser of such Actual Deferral Percentage or Actual Contribution Percentage. "Lesser" is substituted for "greater" in "(1)," above, and "greater" is substituted for "lesser" after "two plus the" in "(2)" if it would result in a larger aggregate limit.

Multiple Use. If one or more Highly Compensated Employees participate in both a cash or deferred arrangement and a plan subject to the ACP Test maintained by us or a Controlled Group member, and the sum of the Actual Deferral Percentage ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Actual Aggregate Limit, then the Contribution Percentage of those Highly Compensated Employees exceeds the "aggregate limit", then the Actual Contribution Percentage of those Highly Compensated Employees who also participate in a cash or deferred arrangement will be reduced, beginning with such Highly Compensated Employee whose Actual Contribution Percentage is reduced in the highest, manner described below for allocating Excess Aggregate Contributions so that the limit is not exceeded. The amount by which each Highly Compensated Employee's ’s Contribution Percentage is reduced shall be treated as an Excess Aggregate Contribution. The Actual Deferral Percentage ADP and Actual Contribution Percentage ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP Test and ACP Test and are deemed to be the ACP Testmaximum permitted under such tests for the Plan Year. Multiple use does not occur if either the Average Deferral Percentage ADP or Actual Contribution Percentage ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the Actual Deferral Percentage ADP and the Actual Contribution Percentage ACP, respectively, of the Nonhighly Compensated Employees. (i) . The "aggregate limit" is the sum of (1) 125% of the greater of the Actual Deferral Contribution Percentage for Participants any Eligible Member who are Nonhighly is a Highly Compensated Employees Employee for the Plan Year and who is eligible to have Contribution Percentage Amounts allocated to his account under two or more plans described in Code Section 401(a) or arrangements described in Code Section 401(k) that are maintained by us or a Controlled Group member shall be determined as if the Actual Deferral total of such Contribution Percentage for Participants who are Amounts was made under each plan. If a Highly Compensated Employee participates in two or more cash or deferred arrangements that have different plan years, all cash or deferred arrangements ending with or within the same calendar year shall be treated as a single arrangement. The foregoing notwithstanding, certain plans shall be treated as separate if mandatorily disaggregated under the regulations of Code Section 401(m). In the event this Plan satisfies the requirements of Code Section 401(m), 401 (a)(4), or 410(b) only if aggregated with one or more other plans, or if one or more other plans satisfy the requirements of such Code sections only if aggregated with this Plan, then this section shall be applied by determining the Contribution Percentage of Employees as if all such plans were a single plan. Any adjustments to the Nonhighly Compensated Employee ACP for the prior year shall be made in accordance with Internal Revenue Service Notice 98-1 (or superseding guidance), unless we have elected in Item K(2)(a) to use the current year testing method. Plans may be aggregated in order to satisfy Code Section 401(m) only if they have the same plan year and use the same testing method for the ACP Test. For purposes of the ACP Test, Member Contributions are considered to have been made in the Plan Year in which contributed to the Plan. Matching Contributions and Qualified Nonelective Contributions will be considered made for a Plan Year if made no later than the end of the 12-month period beginning on the day after the close of the Plan Year. We shall maintain records sufficient to demonstrate satisfaction of the ACP Test and the amount of Qualified Nonelective Contributions or Qualified Matching Contributions, or both, used in such test. Notwithstanding any other provision of this Plan, Excess Aggregate Contributions, plus any income and minus any loss allocable thereto, shall be forfeited, if not vested, or distributed, if vested, no later than the last day of each Plan Year to Members to whose Accounts such Excess Aggregate Contributions were allocated for the preceding Plan Year. Excess Aggregate Contributions are allocated to the Highly Compensated Employees with the largest Contribution Percentage Amounts taken into account in calculating the ACP Test for the year in which the excess arose, beginning with the Highly Compensated Employee with the largest amount of such Contribution Percentage Amounts and continuing in descending order until all of the Excess Aggregate Contributions have been allocated. For purposes of the preceding sentence, the “largest amount” is determined after distribution of any Excess Aggregate Contributions. If such Excess Aggregate Contributions are distributed more than 2 1/2 months after the last day of the Plan Year in which such excess amounts arose, a 10 percent excise tax will be imposed on the employer maintaining the plan with respect to such amounts. Excess Aggregate Contributions shall be treated as Annual Additions, as defined in Section 3.06. The Excess Aggregate Contributions shall be adjusted for any income or loss. The income or loss allocable to such Excess Aggregate Contributions allocated to each Member shall be equal to the income or loss allocable to the Member’s Contribution Percentage Amounts for the Plan Year beginning with in which the excess occurred multiplied by a fraction. The numerator of the fraction is the Excess Aggregate Contributions. The denominator of the fraction is the closing balance without regard to any income or within the loss occurring during such Plan Year and (2) as of the lesser of 200% or two plus the lesser end of such Actual Deferral Plan Year) of the Member’s Account resulting from Contribution Percentage Amounts. Excess Aggregate Contributions allocated to a Member shall be distributed from the Member’s Account resulting from Member Contributions that are not required as a condition of employment or Actual participation or for obtaining additional benefits from Employer Contributions. If such Excess Aggregate Contributions exceed the balance in the Member’s Account resulting from such Member Contributions, the balance shall be forfeited, if not vested, or distributed, if vested, on a pro-rata basis from the Member’s Account resulting from Contribution Percentage. "Lesser" is substituted for "greater" in "(1)," above, and "greater" is substituted for "lesser" after "two plus the" in "(2)" if it would result in a larger aggregate limitPercentage Amounts.