Common use of Participating Employer’s Contribution for Affiliate Clause in Contracts

Participating Employer’s Contribution for Affiliate. If any Participating Employer is prevented in whole or in part from making a contribution to the Trust Fund which it would otherwise have made under the Plan by reason of having no current or accumulated earnings or profits, or because such earnings or profits are less than the contribution which it would otherwise have made, then, pursuant to Code section 404(a)(3)(B), so much of the contribution which such Participating Employer was so prevented from making may be made, for the benefit of the participating Employees of such Participating Employer, by the other Participating Employers who are members of the same affiliated group within the meaning of Code section 1504, to the extent of their current or accumulated earnings or profits. However, any such contribution by each such other Participating Employer shall be limited to the proportion of its total current and accumulated earnings or profits remaining after adjustment for its contribution to the Plan made without regard to this paragraph which the total prevented contribution bears to the total current and accumulated earnings or profits of all the Participating Employers remaining after adjustment for all contributions made to the Plan without regard to this paragraph. A Participating Employer, on behalf of whose Employees a contribution is made under this paragraph, shall not reimburse the contributing Participating Employers.

Participating Employer’s Contribution for Affiliate. If any Participating Employer is prevented in whole or in part from making a contribution to the Trust Fund which it would otherwise have made under the Plan by reason of having no current or accumulated earnings or profits, or because such earnings or profits are less than the contribution which it would otherwise have made, then, pursuant to Code section 404(a)(3)(B), so much of the contribution which such Participating Employer was so prevented from making may be made, for the benefit of the participating Employees of such Participating Employer, by the other Participating Employers who are members of the same affiliated group within the meaning of Code section 1504, to the extent of their current or accumulated earnings or profits. However, any such contribution by each such other Participating Employer shall be limited to the proportion of its total current and accumulated earnings or profits remaining after adjustment for its contribution to the Plan made without regard to this paragraph which the total prevented contribution bears to the total current and accumulated earnings or profits of all the Participating Employers remaining after adjustment for all contributions made to the Plan without regard to this paragraph. A Participating Employer, on behalf of whose Employees a contribution is made under this paragraph, shall not reimburse the contributing Participating Employers. ARTICLE XIV.