EXHIBIT 10.4
FIRST AMENDMENT TO
THE PIPER IMPACT 401(K) PLAN
THIS AGREEMENT by Piper Impact, Inc., a Delaware corporation, (the
"Sponsor"),
WITNESSETH:
WHEREAS, on July 13, 1998, the Sponsor executed the amendment and
restatement of the plan agreement known as the "Piper Impact 401(k) Plan" (the
"Plan"); and
WHEREAS, the Sponsor retained the right in Section 10.01 of the Plan to
amend the Plan from time to time; and
WHEREAS, the directors of the Sponsor have approved resolutions to amend
the Plan;
NOW, THEREFORE, the Sponsor agrees as follows:
(1) Effective January 1, 1999, Section 4.03 of the Plan is amended in its
entirety to provide as follows:
4.03 SUPPLEMENTAL CONTRIBUTIONS. The Employer may contribute
for any Plan Year a Supplemental Contribution for its Employees who
are on its payroll for its Utah plant in such amount, if any, as
shall be determined by the Employer. The Employer may contribute for
any Plan Year a Supplemental Contribution for its Employees who are
on its payroll for its Mississippi plant in such amount, if any, as
shall be determined by its Employer. The amount of Supplemental
Contribution made on behalf of Employees on the Employer's payroll
for its Utah and Mississippi plants need not be uniform.
(2) Effective January 1, 1999, Section 5.04 of the Plan is amended in its
entirety to provide as follows:
5.04 ALLOCATION OF SUPPLEMENTAL CONTRIBUTION. The Committee
shall allocate the Supplemental Contribution for its Employees who
are on its payroll for its Utah plant among the Employer's Members
who are on its payroll for its Utah plant in the proportion that the
Considered Compensation of each such Member bears to the total
Considered Compensation of all such Members for the Plan Year. The
Committee shall allocate the Supplemental Contribution for its
Employees who are on its payroll for its Mississippi plant among the
Employer's Members who are on its payroll for its Mississippi plant
in the proportion that the Considered Compensation of each such
Member bears to the total Considered Compensation of all such
Members for the Plan Year.
IN WITNESS WHEREOF, the Sponsor has caused this Agreement to be executed
this 7th day of December, 1998.
PIPER IMPACT, INC.
By XXXXXX X. XXXXXXX
Title: PRESIDENT AND CEO