0001047469-03-039575 Sample Contracts

ADOPTION AGREEMENT FOR UNION BANK OF CALIFORNIA, N.A. SELECTBENEFIT NON- STANDARDIZED 401(K) PROFIT SHARING PLAN AND TRUST
Adoption Agreement • December 5th, 2003 • MSC Software Corp • Services-prepackaged software

As used in this Plan, the following words and phrases shall have the meanings set forth herein unless a different meaning is clearly required by the context:

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TRUST AGREEMENT PURSUANT TO THE UNION BANK OF CALIFORNIA SELECTBENEFIT PROTOTYPE DEFINED CONTRIBUTION PLAN
Trust Agreement • December 5th, 2003 • MSC Software Corp • Services-prepackaged software • California

This Trust Agreement Pursuant to the Union Bank of California SELECTBENEFIT Prototype Defined Contribution Plan (the "Trust Agreement") is made by and between each Employer which adopts The Union Bank of California SELECTBENEFIT Prototype Defined Contribution Plan and Trust, (the "Employer") and Union Bank of California, N.A., a national banking association ("Union Bank of California") as Trustee (the "Trustee"), and Union Bank of California as sponsor of the Union Bank of California SELECTBENEFIT Prototype Defined Contribution Plan and Trust (the "Prototype Sponsor"), unless otherwise specified in the Adoption Agreement.

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