[Article 5.1] is deleted in its entirety and replaced with the following one:
Safe Harbor Rules – This [Section 5.2(b)] shall apply to a participant in this profit sharing plan, and to any distribution, made on or after the first day of the first plan year beginning after , from or under a separate account attributable solely to accumulated deductible employee contributions, as defined in Code section 72(o)(5)(B), and maintained on behalf of a participant in a money purchase pension plan (including a target benefit plan). This plan satisfies and shall continue to satisfy the following conditions: # the participant cannot elect payments in the form of a life annuity; and # on the death of a participant, the participant's vested account balance will be paid to the participant's surviving spouse, but if there is no surviving spouse, or if the surviving spouse has consented in a manner conforming to a qualified election, then to the participant's designated beneficiary. The surviving spouse may elect to have distribution of the vested account balance commence within the 90-day period following the date of the participant's death. The account balance shall be adjusted for gains or losses occurring after the participant's death in accordance with the provisions of the plan governing the adjustment of account balances for other types of distributions.
Compensation for Compliance with [Section 5.5] – For purposes of conducting the actual deferral percentage test or the actual contribution percentage test, compensation means compensation as defined in [Section 1.2(a)] for the entire determination period.
Delete Paragraphs T and U from [Section I of Appendix B].
[Section 3.4] of the Collateral Agreement is amended to # delete the phrase “Company Obligations and the Company’s Guarantor” in each instance appearing therein and # delete the phrase “Company Obligations or the Company’s Guarantor” in each instance appearing therein.
[Section 9.11(a)] of the Credit Agreement is hereby amended to # delete the following language: “(other than with respect to [clause (D)] below)”, # insert the following language immediately prior to [clause (C)] therein: “ and” and # delete [clause (D)] in its entirety.
Delete the current [Section 10] Change of Control and substitute in lieu thereof the following:
#[Section 7(b)] is amended to delete the last two sentences thereof and to add in its place the following:
The Credit Agreement is hereby amended to delete [Section 7.7] therefrom in its entirety and to insert in place thereof the following:
Effective as of , [Section 5.3] is deleted in its entirety and, as of such date, will be of no further force or effect.
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