Qualified Election – A waiver of a qualified preretirement survivor annuity. Any waiver of a qualified preretirement survivor annuity shall not be effective unless: # the participant's spouse consents in writing to the election; # the election designates a specific beneficiary, including any class of beneficiaries or any contingent beneficiaries, that may not be changed without spousal consent (or the spouse expressly permits designations by the participant without any further spousal consent); # the spouse's consent acknowledges the effect of the election; and # the spouse's consent is witnessed by a plan representative or notary public. If it is established to the satisfaction of a plan representative that there is no spouse or that the spouse cannot be located, a waiver will be deemed a qualified election.

Key Employee – Key employee means any employee or former employee (and the beneficiaries of such employee) who at any time during the determination period is an officer of the employer if such individual's annual compensation exceeds $130,000 (as adjusted under Code section 416(i)(1) for plan years beginning after December 31, 2002), a 5% owner of the employer, or a 1% owner of the employer who has an annual compensation of more than $150,000. Annual compensation means compensation as defined in [Section 5.1(c)(2)], but including elective contributions as defined in Section 1.2(a) and elective contributions under a Code section 457 plan or a Code section 501(c)(18) plan for any plan year and subject to the limitations of [Section 1.2(c)]. The determination period is the plan year containing the determination date. In determining whether an employee is a key employee in 2002, this paragraph shall be treated as having been in effect for the last plan year beginning before January 1, 2002.

Annual Additions – The sum of the following amounts credited to a participant's account for the limitation year: # employer contributions; # employee contributions (excluding catch-up contributions made in accordance with Code section 414(v)); # forfeitures; # amounts allocated to an individual medical account (as defined in Code section 415(l)(2)), that is part of a pension or annuity plan maintained by the employer are treated as annual additions to a defined contribution plan; and # allocations under a simplified employee pension. Also, amounts derived from contributions paid or accrued that are attributable to postretirement medical benefits allocated to the separate account of a key employee (as defined in Code section 419A(d)(3)) under a welfare benefit fund (as defined in Code section 419(e)) maintained by the employer are treated as annual additions to a defined contribution plan.

Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in [Article 9] of the Code shall govern.

Code. The Internal Revenue Code of 1954, as amended.

Code. The term "Code" means the Internal Revenue Code of 1986, as amended. A reference to any provision of the Code shall include reference to any successor provision of the Code.

Definitions. All terms used herein that are defined in the Credit Agreement and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement.

Definitions. As used in this Agreement, the following terms shall have the following definitions:

Definitions. For purposes of this Article IV A, capitalized terms shall have the meanings provided in Article I, unless an alternate definition is provided in [Section 4A.5], in which case the definition in [Section 4A.5] shall control.

DEFINITIONS. As used in this Agreement, capitalized terms shall have the definitions stated in Exhibit A, unless such terms are otherwise defined in this Agreement.