Amendment No. 1 to GM-Delphi AgreementAgreement • September 29th, 2008 • Delphi Corp • Motor vehicle parts & accessories • New York
Amendment No. 1, dated as of August 7, 2008 (this “Amendment”), among DELPHI CORPORATION, a Delaware corporation (the “Borrower”), a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, and the subsidiaries of the Borrower signatory hereto (each a “Guarantor” and collectively the “Guarantors”), each of which Guarantors is a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (the cases of the Borrower and the Guarantors, each a “Case” and collectively, the “Cases”), and GENERAL MOTORS CORPORATION (“GM”).
ARTICLE 1 – GENERAL 1-1 1.1 Plan 1-1 1.2 Effective Dates 1-1 1.3 Amounts Not Subject to Code Section 409A 1-1 ARTICLE 2 – DEFINITIONS 2-1 2.1 Account 2-1 2.2 Administrator 2-1 2.3 Adoption Agreement 2-1 2.4 Beneficiary 2-1 2.5 Board or Board of...Adoption Agreement • September 29th, 2008 • Delphi Corp • Motor vehicle parts & accessories • Michigan
The Plan is intended to be a “plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees” within the meaning of Sections 201(2), 301(a)(3) and 401(a)(1) of the Employee Retirement Income Security Act of 1974, as amended, or an “excess benefit plan” within the meaning of Section 3(36) of the ERISA, or a combination of both. The Plan is further intended to conform with the requirements of the Internal Revenue Code Section of 1986, as amended, (“the Code”) 409A and the final regulations issued thereunder and shall be implemented and administered in a manner consistent therewith.
