Withdrawals. A Participant shall not be entitled to withdraw any portion of his Account while employed by any System Company.
Withdrawals. An Employee, upon demonstration of financial hardship to the Compensation Committee, may withdraw from a Plan an amount in cash not to exceed the lesser of or fifty (50%) percent of the Employee’s benefit in the Plan which is attributable to amounts described in [Section 2.2(a) and (b)])] hereof. An Employee shall be limited to one withdrawal in any one Plan Year as such is defined in the Employees’ Savings Trust Plan; provided, however, that the amount of the withdrawal may not exceed the amount necessary to satisfy the financial hardship plus amounts necessary to pay taxes reasonably anticipated as a result of the withdrawal, after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Employee’s assets (to the extent such liquidation would not itself cause severe financial hardship). The term “financial hardship” shall mean any extraordinary or unforeseeable need for funds arising from events beyond the Employee’s control that meets the definition of an “unforeseeable emergency” within the meaning of [Section 409A(a)(2)(B)(ii)] of the Code.
Emergency Withdrawals. In the event a Participant suffers an unforeseeable emergency within the contemplation of this Section and Section 409A of the Code, the Participant may apply to the Company for an immediate distribution of all or a portion of the Participant’s Deferred Share Units. The unforeseeable emergency must result from a sudden and unexpected illness or accident of the Participant, the Participant’s spouse, or a dependent (within the meaning of Section 152(a) of the Code) of the Participant, casualty loss of the Participant’s property, or other similar extraordinary and unforeseeable conditions beyond the control of the Participant. Examples of purposes which are not considered unforeseeable emergencies include post-secondary school expenses or the desire to purchase a residence. In no event will a distribution be made to the extent the unforeseeable emergency could be relieved through reimbursement or compensation by insurance or otherwise, or by liquidation of the Participant’s nonessential assets to the extent such liquidation would not itself cause a severe financial hardship. The amount of any distribution hereunder shall be limited to the amount necessary to relieve the Participant’s unforeseeable emergency plus amounts necessary to pay taxes reasonably anticipated as a result of the distribution. The Committee shall determine whether a Participant has a qualifying unforeseeable emergency and the amount which qualifies for distribution, if any. The Committee may require evidence of the purpose and amount of the need, and may establish such application or other procedures as it deems appropriate.
Any Member who is an Employee may withdraw an amount from his Employee Accounts and Company Contributions Account not in excess of the sum of the following:
Any Member who is an Employee, who has not attained age 59 1⁄2 and who has taken all other available distributions from the Plan may withdraw an amount from his Accounts not in excess of the amount necessary to satisfy an immediate and heavy financial need, as long as the Member has demonstrated that no resources other than such withdrawal are reasonably available to meet such need. The maximum amount that may be withdrawn is the amount credited to the Members Accounts, excluding any income credited to a Members Salary Deferrals (including Age 50 Catch-Up Deferrals) after the last Valuation Date in the 1988 Plan Year, qualified nonelective contributions and qualified matching contributions (and income allocable thereto), and any other amounts that are prohibited from being withdrawable upon hardship under the rules applicable to qualified plans under [section 401(a)] of the IRC or the Income Tax Regulations issued thereunder.
First, from the Members Member Contributions which were not previously withdrawn or distributed;
Hardship Withdrawals. Notwithstanding any withdrawals made pursuant to [Section 7.3(a)], a Participant may make withdrawals from his Before-Tax Account, or, effective as of , his Roth Account, on account of Hardship. Any application for a withdrawal on account of Hardship shall be made in writing to the Committee, setting forth facts demonstrating that a Hardship exists and containing such financial statements, documents and other additional information as the Committee shall require. No withdrawal on account of Hardship shall be permitted unless the Committee, based upon the Participants representations and such other facts as are known to the Committee, determines that all of the following conditions are satisfied:
The total value of any withdrawal distribution shall not be less than , unless the aggregate amount available for withdrawal is less than , in which event only such aggregate amount may be withdrawn.
Product Withdrawals and Recalls. If # any Regulatory Authority threatens, initiates or advises any action to remove any Product from the market in the Territory or requires or advises Unum, SGI, or any of their respective Affiliates to distribute a Dear Doctor letter or its equivalent regarding use of such Product in the Territory, or # either Party determines that an event, incident, or circumstance has occurred that may result in the need for a recall or market withdrawal in the Territory, then in each case ((a) or (b)) Unum or SGI, as applicable, will, to the extent practicable, notify the other Party of such event or determination immediately, and in any event within twenty-four (24) hours (or sooner if required by law) after such Party becomes aware of the event or makes such determination. Each Party will, to the extent practicable, endeavor to discuss and agree with the other Party upon whether to recall or withdraw the Product in the Territory; provided, however, that if such discussion is not practicable or if the Parties fail to agree within an appropriate time period (recognizing the exigencies of the situation), then # Unum will decide whether to recall or withdraw such Product in the Shared Territory; and # SGI will decide whether to recall or withdraw such Product in the Licensed Territory. The Parties will be jointly responsible for conducting any recalls or taking such other necessary remedial action with respect to Products in the Shared Territory, except to the extent that the recall or withdrawal is attributable to the negligence, breach or intentional misconduct of the other Party or any of its Affiliates or subcontractors, in which event the other Party will bear such costs to the extent of its or its Affiliates or subcontractors responsibility. SGI will be responsible, at its sole expense, for conducting any recalls or taking such other necessary remedial action with respect to Products in the Licensed Territory, except to the extent that the recall or withdrawal is attributable to the negligence, breach or intentional misconduct of Unum or any of its Affiliates or subcontractors, in which event Unum will bear such costs to the extent of its or its Affiliates or subcontractors responsibility.
Scheduled Withdrawals in Process. A Plan Year Account that has become payable in installments prior to the date of such Retirement or Disability pursuant to an election under [Section 5.1(c)] shall continue to be so paid.
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