EXHIBIT 10.29
EXHIBIT A
AMENDMENT NO. 8
TO THE
XXXXXXX ENTERPRISES EMPLOYEE RETIREMENT TRUST
(A PROFIT SHARING PLAN) TRUST AGREEMENT
WHEREAS, Xxxxxxx Enterprises, Inc. (the "Company") sponsors the Xxxxxxx
Enterprises Employee Retirement Trust (A Profit Sharing Plan) Trust Agreement
(the "Plan"), which was originally adopted January 1, 1981, and has been amended
from time to time;
WHEREAS, Section 15.1 of the Plan provides that the Plan can be amended by
the Company or the Administrative and Investment Committee of the Plan; and
WHEREAS, it is the desire of the Company to amend the Plan to change the
disposition of forfeitures by participants who are not fully vested;
NOW, THEREFORE, the Plan is hereby amended as follows, effective January
1, 2004:
Section 9.7, FORFEITURES, is amended and restated to read as follows:
9.7 FORFEITURES If a Participant has separated from Service, any balance
in the account of the Participant to which he or she is not entitled under
the foregoing provisions, shall be forfeited. A forfeiture may only occur
if the Participant has received a distribution from the Plan or if the
Participant has incurred five consecutive one-year Breaks in Service.
Furthermore, a Highly Compensated Employee's Matching Employer
Contributions may be forfeited, even if vested, if the contributions to
which they relate are Excess Deferrals, Excess Contributions or Excess
Aggregate Contributions. Forfeitures shall be used to offset
administrative expenses of the Plan or to offset Employer Contributions
under Article III of the Plan.
* * * *
THUS DONE AND SIGNED in Jefferson, Louisiana on the 29th day of December,
2004, in the presence of the undersigned competent witnesses.
XXXXXXX ENTERPRISES, INC.
BY: /s/ XXXXXX X. XXXXXX
________________________________ ----------------------
Witness Xxxxxx X. Xxxxxx
Senior Administrative Officer and
________________________________ Chairman, Plan Administrative and
Witness Investment Committee
