Common use of ADP Correction Clause in Contracts

ADP Correction. The HCE with the highest Deferral dollar amount shall have his or her Deferral dollar amount reduced in an amount equal to the lesser of the dollar amount of excess Deferrals for all HCEs or the dollar amount that would cause his or her Deferral dollar amount to equal that of the HCE with the next highest Deferral dollar amount. The process shall be repeated until the total of the Deferral dollar amount reductions equals the dollar amount of excess Deferrals for all HCEs. To the extent an HCE’s Deferrals were determined to be reduced as described in the paragraph above, Salary Deferral Contributions (but not Catch-Up Contributions) shall, by the end of the next Plan Year, be refunded to the HCE, except that such amount to be refunded shall be reduced by Salary Deferral Contributions previously refunded because they exceeded the Contribution Dollar Limit. Excess amounts shall first be taken from unmatched Employee Pre-Tax Contributions, then from matched Employee Pre-Tax Contributions, and then from ▇▇▇▇ Contributions. Any Company Matching Contributions attributable to refunded excess Salary Deferral Contributions as described in this Section shall be forfeited and used as described in Section 8.4. This shall be the sole method of correcting an ADP failure. The ADP Test may not be satisfied by making Company Qualified Non-Elective Contributions.

ADP Correction. The HCE with the highest Deferral dollar amount shall have his or her Deferral dollar amount reduced in an amount equal to the lesser of the dollar amount of excess Deferrals for all HCEs or the dollar amount that would cause his or her Deferral dollar amount to equal that of the HCE with the next highest Deferral dollar amount. The process shall be repeated until the total of the Deferral dollar amount reductions equals the dollar amount of excess Deferrals for all HCEs. To the extent an HCE’s 's Deferrals were determined to be reduced as described in the paragraph above, Salary Deferral Associate Pre-Tax Contributions (but not Catch-Up Contributions) shall, by the end of the next Plan Year, be refunded to the HCE, except that such amount to be refunded shall be reduced by Salary Deferral Associate Pre-Tax Contributions previously refunded because they exceeded the Contribution Dollar Limit. Excess The excess amounts shall first be taken from unmatched Employee Associate Pre-Tax Contributions and then from matched Associate Pre-Tax Contributions, then from matched Employee Pre-Tax Contributions, and then from ▇▇▇▇ Contributions. Any Company Matching Match Contributions attributable to refunded excess Salary Deferral Associate Pre-Tax Contributions as described in this Section Section, adjusted for investment gain or loss for the Plan Year to which the excess Associate Pre-Tax Contributions relate, shall be forfeited and used as described in Section 8.4. This shall be the sole method of correcting an ADP failure. The ADP Test may not be satisfied by making Company Qualified Non-Elective Contributions8.

ADP Correction. The HCE with the highest Deferral dollar amount shall have his or her Deferral dollar amount reduced in an amount equal to the lesser of the dollar amount of excess Deferrals for all HCEs or the dollar amount that would cause his or her Deferral dollar amount to equal that of the HCE with the next highest Deferral dollar amount. The process shall be repeated until the total of the Deferral dollar amount reductions equals the dollar amount of excess Deferrals for all HCEs. To the extent an HCE’s 's Deferrals were determined to be reduced as described in the paragraph above, Salary Deferral Pre-Tax Contributions (but not Catch-Up Contributions) shall, by the end of the next Plan Year, be refunded to the HCE, except that such amount to be refunded shall be reduced by Salary Deferral Pre-Tax Contributions previously refunded because they exceeded the Contribution Dollar Limit. Excess The excess amounts shall first be taken from unmatched Employee Pre-Tax Contributions, Contributions and then from matched Employee Pre-Pre- Tax Contributions, and then from ▇▇▇▇ Contributions. Any Company Matching Match Contributions attributable to refunded excess Salary Deferral Pre-Tax Contributions as described in this Section Section, adjusted for investment gain or loss for the Plan Year to which the excess Pre-Tax Contributions relate, shall be forfeited and used as described in Section 8.4. This shall be the sole method of correcting an ADP failure. The ADP Test may not be satisfied by making Company Qualified Non-Elective Contributions8.

ADP Correction. The HCE with the highest Deferral dollar amount shall have his or her Deferral dollar amount reduced in an amount equal to the lesser of the dollar amount of excess Deferrals for all HCEs or the dollar amount that would cause his or her Deferral dollar amount to equal that of the HCE with the next highest Deferral dollar amount. The process shall be repeated until the total of the Deferral dollar amount reductions equals the dollar amount of excess Deferrals for all HCEs. To the extent an HCE’s 's Deferrals were determined to be reduced as described in the paragraph above, Salary Deferral Pre-Tax Contributions (but not Catch-Up Contributions) shall, by the end of the next Plan Year, be refunded to the HCE, except that such amount to be refunded shall be reduced by Salary Deferral Pre-Tax Contributions previously refunded because they exceeded the Contribution Dollar Limit. Excess The excess amounts shall first be taken from unmatched Employee Pre-Tax Contributions and then from matched Pre-Tax Contributions, then from matched Employee Pre-Tax Contributions, and then from ▇▇▇▇ Contributions. Any Company Matching Contributions attributable to refunded excess Salary Deferral Pre-Tax Contributions as described in this Section Section, adjusted for investment gain or loss for the Plan Year to which the excess Pre-Tax Contributions relate, shall be forfeited and used to reduce future Contributions to be made by an Employer as described in Section 8.4. This shall be the sole method of correcting an ADP failure. The ADP Test may not be satisfied by making Company Qualified Non-Elective Contributionssoon as administratively feasible.

ADP Correction. The HCE with the highest Deferral dollar amount shall have his or her Deferral dollar amount reduced in an amount equal to the lesser of the dollar amount of excess Deferrals for all HCEs or the dollar amount that would cause his or her Deferral dollar amount to equal that of the HCE with the next highest Deferral dollar amount. The process shall be repeated until the total of the Deferral dollar amount reductions equals the dollar amount of excess Deferrals for all HCEsHCES. To the extent an HCE’s Deferrals were determined to be reduced as described in the paragraph above, Salary Deferral Contributions (but not Catch-Up Contributions) shall, by the end of the next Plan Year, be refunded to the HCE, except that such amount to be refunded shall be reduced by Salary Deferral Contributions previously refunded because they exceeded the Contribution Dollar Limit. Excess amounts shall first be taken from unmatched Employee Pre-Tax Contributions, then from matched Employee Pre-Tax Contributions, and then from ▇▇▇▇ Contributions. Any Company Matching Contributions attributable to refunded excess Salary Deferral Contributions as described in this Section shall be forfeited and used as described in Section 8.4. This shall be the sole method of correcting an ADP failure. The ADP Test may not be satisfied by making Company Qualified Non-Elective Contributions.

ADP Correction. The HCE with the highest Deferral dollar amount shall have his or her Deferral dollar amount reduced in an amount equal to the lesser of the dollar amount of excess Deferrals for all HCEs or the dollar amount that would cause his or her Deferral dollar amount to equal that of the HCE with the next highest Deferral dollar amount. The process shall be repeated until the total of the Deferral dollar amount reductions equals the dollar amount of excess Deferrals for all HCEs. To the extent an HCE’s 's Deferrals were determined to be reduced as described in the paragraph above, Salary Deferral 401(k) Contributions (but not Catch-Up Contributions) shall, by the end of the next Plan Year, be refunded to the HCE, except that such amount to be refunded shall be reduced by Salary Deferral 401(k) Contributions previously refunded because they exceeded the Contribution Dollar Limit. Excess The excess amounts shall first be taken from unmatched Employee Pre-Tax Contributions, 401(k) Contributions and then from matched Employee Pre-Tax Contributions, and then from ▇▇▇▇ 401(k) Contributions. Any Company Matching Match Contributions attributable to refunded excess Salary Deferral 401(k) Contributions as described in this Section Section, adjusted for investment gain or loss for the Plan Year to which the excess 401(k) Contributions relate, shall be forfeited and used to reduce future Contributions to be made by an Employer as described in Section 8.4soon as administratively feasible. This shall be the sole method of correcting an ADP failure. The ADP Test may not be satisfied by making Company Qualified Non-Elective Contributions.09/15/97 37

ADP Correction. The HCE with the highest Deferral dollar amount shall have his or her Deferral dollar amount reduced in an amount equal to the lesser of the dollar amount of excess Deferrals for all HCEs or the dollar amount that would cause his or her Deferral dollar amount to equal that of the HCE with the next highest Deferral dollar amount. The process shall be repeated until the total of the Deferral dollar amount reductions equals the dollar amount of excess Deferrals for all HCEs. To the extent an HCE’s 's Deferrals were determined to be reduced as described in the paragraph above, Salary Deferral Pre-Tax Contributions (but not Catch-Up Contributions) shall, by the end of the next Plan Year, be refunded to the HCE, except that such amount to be refunded shall be reduced by Salary Deferral Pre-Tax Contributions previously refunded because they exceeded the Contribution Dollar Limit. Excess The excess amounts shall first be taken from unmatched Employee Pre-Tax Contributions, Contributions and then from matched Employee Pre-Pre- Tax Contributions, and then from ▇▇▇▇ Contributions. Any Company Matching Match Contributions attributable to refunded excess Salary Deferral Pre-Tax Contributions as described in this Section shall be forfeited and used as described in Section 8.4. This shall be the sole method of correcting an ADP failure. The ADP Test may not be satisfied by making Company Qualified Non-Elective Contributions8.6.

ADP Correction. The HCE with the highest Deferral dollar amount shall have his or her Deferral dollar amount reduced in an amount equal to the lesser of the dollar amount of excess Deferrals for all HCEs or the dollar amount that would cause his or her Deferral dollar amount to equal that of the HCE with the next highest Deferral dollar amount. The process shall be repeated until the total of the Deferral dollar amount reductions equals the dollar amount of excess Deferrals for all HCEs. To the extent an HCE’s 's Deferrals were determined to be reduced as described in the paragraph above, Salary Deferral Associate Pre-Tax Contributions (but not Catch-Up Contributions) shall, by the end of the next Plan Year, be refunded to the HCE, except that such amount to be refunded shall be reduced by Salary Deferral Associate Pre-Tax Contributions previously refunded because they exceeded the Contribution Dollar Limit. Excess The excess amounts shall first be taken from unmatched Employee Associate Pre-Tax Contributions and then from matched Associate Pre-Tax Contributions, then from matched Employee Pre-Tax Contributions, and then from ▇▇▇▇ Contributions. Any Company MailCoups Matching Contributions attributable to refunded excess Salary Deferral Associate Pre-Tax Contributions as described in this Section Section, adjusted for investment gain or loss for the Plan Year to which the excess Associate Pre-Tax Contributions relate, shall be forfeited and used as described in Section 8.4. This shall be the sole method of correcting an ADP failure. The ADP Test may not be satisfied by making Company Qualified Non-Elective Contributions8.