Common use of Retirement Plan Benefits Clause in Contracts

Retirement Plan Benefits. If not already vested, Executive shall be deemed fully vested as of the Termination Date in any Company retirement plan(s) or other written agreement(s) between Executive and the Company relating to pay or other retirement income benefits upon retirement in which Executive was a participant, party or beneficiary immediately prior to the Change of Control, and any additional plan(s) or agreement(s) in which such Executive became a participant, party or beneficiary thereafter. In addition to the foregoing, for purposes of determining the amounts to be paid to Executive under such plan(s) or agreement(s), the years of service with the Company and the age of Executive under all such plans and agreements shall be deemed increased by thirty-six (36) months. For purposes of this Subsection IV(d), the term “plan(s)” includes, without limitation, the Company’s qualified pension plan, non-qualified pension plans, 401(k) plans and excess 401(k) plans, and any companion, successor or amended plan(s), and the term “agreement(s)” encompasses, without limitation, the terms of any offer letter(s) leading to Executive’s employment with the Company where Executive was a signatory thereto, any written amendment(s) to the foregoing and any subsequent agreements on such matters. In the event the terms of the plans referenced in this Subsection IV(c) do not for any reason coincide with the provisions of this Subsection IV(d) (e.g., if plan amendments would cause disqualification of qualified plans), Executive shall be entitled to receive from the Company, under the terms of this Amended Agreement, an amount equal to all amounts Executive would have received, had all such plans continued in existence as in effect on the date of this Amended Agreement after being amended to coincide with the terms of this Subsection IV(d), payable in 36 monthly installments, commencing on the first day of the month immediately following the sixth-month anniversary of Executive’s Termination Date.

Retirement Plan Benefits. If not already vested, Executive shall be deemed fully vested as of the his or her Termination Date of Employment in any Company retirement plan(s) or other written agreement(s) between Executive and the Company relating to pay or other retirement income benefits upon retirement in which Executive was a participant, party or beneficiary immediately prior to the Change of Control, and any additional plan(s) or agreement(s) in which such Executive became a participant, party or beneficiary thereafter. In addition to the foregoing, for purposes of determining the amounts to be paid to Executive under such plan(s) or agreement(s), the years of service with the Company and the age of Executive under all such plans and agreements shall be deemed increased by thirty-six (36) months. For purposes of this Subsection IV(dIV(e), the term “plan(s)” includes, without limitation, the Company’s qualified pension planplans, non-qualified pension plans, 401(k) plans and excess 401(k) plans, and any companion, successor or amended plan(s), if any, and the term “agreement(s)” encompasses, without limitation, the terms of any offer letter(s) leading to Executive’s employment with the Company where Executive was a signatory thereto, any written amendment(s) to the foregoing and any subsequent agreements on such matters, if any. In the event the terms of the plans referenced in this Subsection IV(cIV(e) do not for any reason coincide with the provisions of this Subsection IV(dIV(e) (e.g., if plan amendments would cause disqualification of qualified plans), Executive shall be entitled to receive from the Company, under the terms of this Amended Agreement, an amount equal to all amounts Executive would have received, had all such plans continued in existence as in effect on the date of this Amended Agreement after being amended to coincide with the terms of this Subsection IV(d), IV(e) payable in 36 twenty-four (24) monthly installments, commencing on the first day of the month immediately following the sixth-six (6) month anniversary of Executive’s Termination Dateof Employment.

Retirement Plan Benefits. If not already vested, Executive shall be deemed fully vested as of the his or her Termination Date of Employment in any Company retirement plan(s) or other written agreement(s) between Executive and the Company relating to pay or other retirement income benefits upon retirement in which Executive was a participant, party or beneficiary immediately prior to the Change of Control, and any additional plan(s) or agreement(s) in which such Executive became a participant, party or beneficiary thereafter. In addition to the foregoing, for purposes of determining the amounts to be paid to Executive under such plan(s) or agreement(s), the years of service with the Company and the age of Executive under all such plans and agreements shall be deemed increased by thirtytwenty-six four (3624) months. For purposes of this Subsection IV(d), the term “plan(s)” includes, without limitation, the Company’s qualified pension planplans, non-qualified pension plans, 401(k) plans and excess 401(k) plans, and any companion, successor or amended plan(s), if any, and the term “agreement(s)” encompasses, without limitation, the terms of any offer letter(s) leading to Executive’s employment with the Company where Executive was a signatory thereto, any written amendment(s) to the foregoing and any subsequent agreements on such matters, if any. In the event the terms of the plans referenced in this Subsection IV(cIV(d) do not for any reason coincide with the provisions of this Subsection IV(d) (e.g., if plan amendments would cause disqualification of qualified plans), Executive shall be entitled to receive from the Company, under the terms of this Amended Agreement, an amount equal to all amounts Executive would have received, had all such plans continued in existence as in effect on the date of this Amended Agreement after being amended to coincide with the terms of this Subsection IV(d), ) payable in 36 twenty-four (24) monthly installments, commencing on the first day of the month immediately following the sixth-six (6) month anniversary of Executive’s Termination Dateof Employment.

Retirement Plan Benefits. If not already vestedvested and to the extent permitted by applicable law, the Executive shall be deemed fully vested as of the Date of Termination Date in any Company retirement plan(s) plans, supplemental executive retirement plans or other written agreement(s) agreements between the Executive and the Company relating to pay or other retirement income benefits upon retirement in which the Executive was a participant, party or beneficiary immediately prior to the Change of in Control, and any additional plan(s) plans or agreement(s) agreements in which such Executive became a participant, party or beneficiary thereafterafter the Change in Control and before the Date of Termination. In addition to the foregoing, the Company shall pay to the Executive an amount equal to the present value of the incremental benefit (as determined by the Company’s plan actuaries) to the Executive under the Company’s retirement plan and supplemental executive retirement plan in which the Executive was a participant, in each case that the Executive would have received under such plans had the Executive continued to be a participant in such plans for a period of two years after the Date of Termination, together with the matching contributions the Company would have made to its 401(k) plan if the Executive had contributed for those two years at the same rate and under the same match formula as was in place immediately prior to the Date of Termination. For purposes of determining the amounts to be paid to the Executive under such plan(s) plans or agreement(s)agreements, the years of service with the Company and the age of the Executive under all such plans and agreements shall be deemed increased by thirtytwenty-six four (3624) months. For purposes of this Subsection IV(dSection 4.1(a)(ii)(IV), the term “plan(s)plans” includes, without limitation, includes the Company’s qualified pension plan, non-qualified pension plans, 401(k) profit-sharing plans and excess 401(k) plans, and any companion, successor or amended plan(s)plans, and the term “agreement(s)agreements” encompasses, without limitation, includes the terms of any offer letter(s) letter leading to the Executive’s employment with the Company where the Executive was a signatory thereto, any written amendment(s) amendments to the foregoing and any subsequent agreements amendments on such matters. In the event the terms of the plans referenced in this Subsection IV(c) do not for any reason coincide with the provisions of this Subsection IV(d) (e.g., if plan amendments would cause disqualification of qualified plans), Executive shall be entitled to receive from the Company, under the terms of this Amended Agreement, an amount equal to all amounts Executive would have received, had all such plans continued in existence as in effect on the date of this Amended Agreement after being amended to coincide with the terms of this Subsection IV(d), payable in 36 monthly installments, commencing on the first day of the month immediately following the sixth-month anniversary of Executive’s Termination Date.; and

Retirement Plan Benefits. If not already vested, Executive shall be deemed fully vested as of the his or her Termination Date of Employment in any Company retirement plan(s) or other written agreement(s) between Executive and the Company relating to pay or other retirement income benefits upon retirement in which Executive was a participant, party or beneficiary immediately prior to the Change of Control, and any additional plan(s) or agreement(s) in which such Executive became a participant, party or beneficiary thereafter. In addition to the foregoing, for purposes of determining the amounts to be paid to Executive under such plan(s) or agreement(s), the years of service with the Company and the age of Executive under all such plans and agreements shall be deemed increased by thirty-six (36) months. For purposes of this Subsection IV(d), the term “plan(s)” includes, without limitation, the Company’s qualified pension plan, non-qualified pension plans, 401(k) plans and excess 401(k) plans, and any companion, successor or amended plan(s), and the term “agreement(s)” encompasses, without limitation, the terms of any offer letter(s) leading to Executive’s employment with the Company where Executive was a signatory thereto, any written amendment(s) to the foregoing and any subsequent agreements on such matters. In the event the terms of the plans referenced in this Subsection IV(cIV(d) do not for any reason coincide with the provisions of this Subsection IV(d) (e.g., if plan amendments would cause disqualification of qualified plans), Executive shall be entitled to receive from the Company, under the terms of this Amended Agreement, an amount equal to all amounts Executive would have received, had all such plans continued in existence as in effect on the date of this Amended Agreement after being amended to coincide with the terms of this Subsection IV(d), payable in 36 monthly installments, commencing on the first day of the month immediately following the sixth-month anniversary of Executive’s Termination Dateof Employment.

Retirement Plan Benefits. If not already vested, Executive shall be deemed fully vested as of the Termination Date in any Company retirement plan(s) or other written agreement(s) between Executive and the Company relating to pay or other retirement income benefits upon retirement in which Executive was a participant, party or beneficiary immediately prior to the Change of Control, and any additional plan(s) or agreement(s) in which such Executive became a participant, party or beneficiary thereafter. In addition to the foregoing, for purposes of determining the amounts to be paid to Executive under such plan(s) or agreement(s), the years of service with the Company and the age of Executive under all such plans and agreements shall be deemed increased by the lesser of thirty-six (36) monthsmonths or such shorter period of time as would render Executive sixty-five (65) years of age. For purposes of this Subsection IV(dIV(c), the term “"plan(s)” " includes, without limitation, the Company’s 's qualified pension plan, non-qualified and mid-career pension plans, 401(k) plans and excess 401(k) plans, and any companion, successor or amended plan(s), and the term “"agreement(s)” " encompasses, without limitation, the terms of any offer letter(s) leading to Executive’s 's employment with the Company where Executive was a signatory thereto, any written amendment(s) to the foregoing and any subsequent agreements written agreement(s) on such matters. In the event the terms of the plans referenced in this Subsection IV(c) do not for any reason coincide with the provisions of this Subsection IV(dIV(c) (e.g., if plan amendments would cause disqualification of qualified plans), Executive shall be entitled to receive from the Company, under the terms of this Amended Agreement, an amount equal to all amounts Executive he would have received, at the time he would have received such amounts, had all such plans continued in existence as in effect on the date of this Amended Agreement after being amended to coincide with the terms of this Subsection IV(dIV(c), payable in 36 monthly installments, commencing on the first day of the month immediately following the sixth-month anniversary of Executive’s Termination Date.

Retirement Plan Benefits. If not already vested, Executive shall be deemed fully vested as of the his or her Termination Date of Employment in any Company retirement plan(s) or other written agreement(s) between Executive and the Company relating to pay or other retirement income benefits upon retirement in which Executive was a participant, party or beneficiary immediately prior to the Change of Control, and any additional plan(s) or agreement(s) in which such Executive became a participant, party or beneficiary thereafter. In addition to the foregoing, for purposes of determining the amounts to be paid to Executive under such plan(s) or agreement(s), the years of service with the Company and the age of Executive under all such plans and agreements shall be deemed increased by thirty-six (36) months. For purposes of this Subsection IV(dIV(e), the term “plan(s)” includes, without limitation, the Company’s qualified pension planplans, non-qualified pension plans, 401(k) plans and excess 401(k) plans, and any companion, successor or amended plan(s), if any, and the term “agreement(s)” encompasses, without limitation, the terms of any offer letter(s) leading to Executive’s employment with the Company where Executive was a signatory thereto, any written amendment(s) to the foregoing and any subsequent agreements on such matters, if any. In the event the terms of the plans referenced in this Subsection IV(cIV(e) do not for any reason coincide with the provisions of this Subsection IV(dIV(e) (e.g., if plan amendments would cause disqualification of qualified plans), Executive shall be entitled to receive from the Company, under the terms of this Amended Agreement, an amount equal to all amounts Executive would have received, had all such plans continued in existence as in effect on the date of this Amended Agreement after being amended to coincide with the terms of this Subsection IV(d), IV(e) payable in 36 twelve (12) monthly installments, commencing on the first day of the month immediately following the sixth-six (6) month anniversary of Executive’s Termination Dateof Employment.