. A withdrawal will be considered as necessary to satisfy an immediate and heavy financial need of a Participant only if # the Participant has obtained all distributions (including currently available dividends on Company Stock that may be distributed to the Participant pursuant to [Section 8.2]), other than hardship withdrawals, and, for hardship withdrawals made prior to January 1, 2019 only, all nontaxable loans under all plans maintained by the Controlling Company and its Affiliates; # for periods prior to January 1, 2019 only, all plans maintained by the Controlling Company and its Affiliates provide that the Participant’s elective contributions and employee contributions will be suspended for a 6-month period following the hardship withdrawal; and # the withdrawal is not in excess of the amount of the Participant’s immediate and heavy financial need. For purposes of clause (ii) of the preceding sentence, the term “plans” includes qualified and nonqualified plans of deferred compensation, cash or deferred arrangements that are part of a cafeteria plan, and stock option, stock purchase and similar plans; however, it does not include the mandatory employee contribution portion of a defined benefit plan or a health and welfare benefit plan (including one that is part of a cafeteria plan). For hardship withdrawals made before January 1, 2020, the Administrative Committee will make its determination as to whether a Participant has suffered an immediate and heavy financial need and whether it is necessary to use a hardship withdrawal from the Plan to satisfy that need on the basis of all relevant facts and circumstances. For hardship withdrawals made on or after January 1, 2020, the Participant must represent (in writing, by an electronic medium, or in any other form permitted by applicable Treasury guidance) that he or she has insufficient cash or other liquid assets reasonably available to satisfy the need, and the Administrative Committee will rely on such representation unless it has actual knowledge to the contrary. The amount of an immediate and heavy financial need may include amounts necessary for the Participant to pay any federal, state or local taxes or penalties which are reasonably anticipated to result from the hardship withdrawal.

Whether a Participant has an immediate and heavy financial need such that the Participant is entitled to a hardship withdrawal pursuant to this Section 7.01 shall be based on all relevant facts and circumstances, and shall be determined using nondiscriminatory and objective criteria in accordance with the guidance of Income Tax Regulation Sections 1.401(k)-1(d)(3)(iii) and (iv). Notwithstanding the foregoing, effective January 1, 2020, a hardship withdrawal shall be deemed to be necessary to satisfy an immediate and heavy financial need of the Participant if: # the Participant has obtained all other currently available distributions (other than hardship distributions or plan loans) under the Plan and all other deferred compensation plans, whether qualified or nonqualified, of the Company; # the Participant had provided the Administrator with a written (or electronic) representation that he has insufficient cash or other liquid assets reasonably available to satisfy the need; and # the Administrator does not have actual knowledge that is contrary to the Participant’s representations in this regard.