Common use of Aggregation Group Clause in Contracts

Aggregation Group. The group of qualified plans maintained by the Employer and each Controlled Entity consisting of (1) each plan in which a Key Employee participates and each other plan that enables a plan in which a Key Employee participates to meet the requirements of section 401(a)(4) or 410 of the Code or (2) each plan in which a Key Employee participates, each other plan that enables a plan in which a Key Employee participates to meet the requirements of section 401(a)(4) or 410 of the Code and any other plan that the Employer elects to include as a part of such group; provided, however, that the Employer may elect to include a plan in such group only if the group will continue to meet the requirements of sections 401(a)(4) and 410 of the Code with such plan being taken into account.

Aggregation Group. The group of qualified plans maintained ------------------ by the Employer Company and each Controlled Entity Affiliated Company consisting of (1i) each plan in which a Key Employee participates and each other plan that which enables a plan in which a Key Employee participates to meet the requirements of section Sections 401(a)(4) or and 410 of the Code Code, or (2ii) each plan in which a Key Employee participates, each other plan that which enables a plan in which a Key Employee participates to meet the requirements of section Sections 401(a)(4) or and 410 of the Code Code, and any other plan that which the Employer Company elects to include as a part of such group; provided, however, that the Employer Company may not elect to include a plan in such group only if its inclusion would cause the group will continue to meet fail the requirements of sections Sections 401(a)(4) and 410 of the Code with such plan being taken into accountCode.