Additional Allocations shall be credited to the Account of the Members identified in [Schedule A] for the applicable Plan Year, in the amounts and subject to the terms and conditions set forth in such [Schedule A].

Selling Product. You agree to make no representations or claims about any products beyond those shown on product labels and/or in official NewYou literature. Claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any NewYou products may not be made except those contained in official NewYou materials. You may not make any claim that Company products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims. Not only do such claims violate this Agreement, but also potentially violates federal and state laws and regulations, including the federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act.

If a distributable event occurs after an allocation date and before allocations have been made to the account of the participant, the distribution shall also include the amounts allocable to the account as of such allocation date.

IRS Form W-9. CEGPS shall have delivered to Crestwood a properly executed Internal Revenue Service Form W-9, indicating that no withholding is required by Newco with respect to its future allocations and distributions to CEGPS.

Change of Control. Notwithstanding any provision herein to the contrary, immediately prior to the occurrence of a Change of Control, all allocations made to Accounts of Participants who are then active Employees shall become fully vested and nonforfeitable.

Additionally, the Employer will contribute to the Plan the amount necessary, if any, to provide the top-heavy minimum allocations even if it exceeds current or accumulated net profit or the amount that is deductible under Code §404.

Notification by Administrative Agent; Effective Date and Allocations; Supplement. The Administrative Agent shall notify the Company and each Lender of the ​’ responses to each request made hereunder. If the Aggregate Commitments are increased in accordance with this Section, # the Administrative Agent and the Company shall determine the effective date (the “Increase Effective Date”) and the final allocation of such increase, # the Administrative Agent shall promptly notify the Company and the ​ and any Additional Lender of the final allocation of such increase with the consent of each L/C Issuer and the Swing Line Lender and the Increase Effective Date and # the Borrowers, the Administrative Agent and each increasing Lender and Additional Lender shall execute and deliver a supplement to this Agreement substantially in the form of Exhibit J hereto, whereupon

Late Retirement – If a participant remains employed after his normal retirement age, his account balance(s) shall remain 100% vested and nonforfeitable. Such participant shall continue to receive allocations to his account as he did before his normal retirement age.

Minimum Contributions. For any Top-Heavy Year, each Employer shall make a special contribution on behalf of each Participant to the extent that the total allocations to his or her Account pursuant to Section 4 is less than the lesser of:

Notwithstanding the above eligible class of employees, the eligible class provisions of the plan before January 1, 2009 shall continue to apply to participants who received profit sharing allocations before January 1, 2009, and to employees who otherwise would have become participants in the Plan by December 31, 2009.