EXHIBIT 4.3
AMENDMENT TO
ACME BARREL COMPANY EMPLOYEE STOCK OWNERSHIP PLAN
AGREEMENT made this 25th day of April, 1995 by and between ACME BARREL
COMPANY, the Employer, and XXXXXX X. XXXXXXXX and XXXXXX X. XXXXXXXX as
Trustees.
W I T N E S S E T H:
WHEREAS, it is desired to amend the Trust Agreement of the Employer
effective May 1, 1994;
NOW, THEREFORE, it is agreed:
Section 11(a)l shall be amended to read as follows:
(1) Employer Contributions
Employer Contributions will be allocated as of each Anniversary Date
among the Accounts of Participants in the Plan who are employed on the last day
of the Plan year, or Employees whose employment terminated during the year
because of death, Disability or Retirement in the following manner:
a. The Covered Compensation for the Highly Compensated Participants
eligible to share in an allocation shall be divided by the
Covered Compensation of all Participants eligible to share in a
contributions.
b. If the resulting fraction is less than one-third (1/3), Employer
Contributions shall be allocated in the proportion that each
Participant's Covered Compensation bears to the total Covered
Compensation of all such Participants for that year.
c. If the resulting fraction is more than one-third (1/3), the
amount to be allocated shall be divided by three (3).
d. The resulting amount shall be allocated in the
proportion that each Highly Compensated
Participant's Covered Compensation bears to the total Covered
Compensation of all Highly Compensated Participants for that
year.
e. The remaining Employer Contribution shall be allocated in the
proportion that each not Highly Compensated Participant's Covered
Compensation bears to the total Covered Compensation of all not
Highly Compensated Participants for that year.
Shares of Employer Securities released from the Suspense Account (as
provided in Section 7(b)) by reason of the payment of interest and principal on
a Securities Acquisition Loan shall be allocated as of each Anniversary Date
among the Accounts of Participants in the Plan who are employed on the last day
of the Plan Year, or Employees whose employment terminated during the year
because of death, Disability or Retirement, in the proportion that each such
Participant's Covered Compensation bears to the total Covered Compensation of
all such Participants for that year. For purposes of this paragraph, a person
who is an inactive Participant for a Plan year, or whose employment terminates
during a Plan Year for reasons other than death, Disability or Retirement, shall
not be considered a Participant in the Plan on the last day of that Plan Year.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
hereinabove set forth.
ACME BARREL COMPANY
BY: /s/ XXXXXX X. XXXXXXXX
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Xxxxxx X. Xxxxxxxx, President
BY: /s/ XXXXXX X. XXXXX
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Xxxxxx X. Xxxxx, Secretary
