Common use of Nonqualified Plans Clause in Contracts

Nonqualified Plans. (i) As of the day after the Closing Date, ------------------ Affected Employees shall be eligible to participate in Buyer's Stock Unit Retirement Plan and Deferred Compensation Plan in accordance with their terms and consistently with employees of Buyer in comparable employment positions. (ii) After the Closing Date, but not later than March 15, 2002, Parent shall, on behalf of the Companies, credit an employer contribution under Parent's Deferred Compensation Plan for the 2001 plan year to the account of each Affected Employee who participated in such plan for the 2001 plan year, without regard to whether the Closing occurs on, prior to or after December 31, 2001. Such employer contribution shall be credited at the rate generally applicable to other participants who are eligible for employer contributions under Parent's Deferred Compensation Plan, and shall take into account elective deferral contributions of Affected Employees for 2001 prior to the Closing Date. On or prior to the Closing Date, Parent shall take all actions necessary to ensure that Affected Employees' accounts under Parent's Deferred Compensation Plan are fully vested as of the Closing Date. The Closing Date Balance Sheet shall not reflect any amounts accrued for amounts credited under Parent's Deferred Compensation Plan as provided herein.

Nonqualified Plans. (i) As of the day after the Closing Date, ------------------ Affected Employees shall be eligible to participate in Buyer's Stock Unit Retirement Plan and Deferred Compensation Plan in accordance with their terms and consistently with employees of Buyer in comparable employment positions. (ii) After the Closing Date, but not later than March 15, 2002, Parent shall, on behalf of the Companies, credit an employer contribution under Parent's Deferred Compensation Plan for the 2001 plan year to the account of each Affected Employee who participated in such plan for the 2001 plan year, without regard to whether the Closing occurs on, prior to or after December 31, 2001. Such employer contribution shall be credited at the rate generally applicable to other participants who are eligible for employer contributions under Parent's Deferred Compensation Plan, and shall take into account elective deferral contributions of Affected Employees for 2001 prior to the Closing Date. On or prior to the Closing Date, Parent shall take all actions necessary to ensure that Affected Employees' accounts under Parent's Deferred Compensation Plan are fully vested as of the Closing Date. The Closing Date Balance Sheet shall not reflect any amounts accrued for amounts credited under Parent's Deferred Compensation Plan as provided herein.