Common use of Allocation of Earnings Clause in Contracts

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after DECEMBER 31, 1988. [ ] (j) (SPECIFY) _________________________ . For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this NOVEMBER day of 16, 98. Name and EIN of Employer: VALLEY COMMUNITY BANCSHARES, INC. 00-0000000 Signed: ---------------------------------------------------------------- Name(s) of Trustee: U.S. BANK OF WASHINGTON - TRUST DIVISION Signed: ---------------------------------------------------------------- ---------------------------------------------------------------- Name of Custodian: N/A Signed: ---------------------------------------------------------------- [NOTE: A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. SEE SECTION 10.03 OF THE PLAN.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after DECEMBER 31, 1988. [ ] (j) (SPECIFY) _________________________ [X] (j) (Specify) Participant loans available under the Plan: Rollovers from other qualified plans and Participant direction of investment allowed. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this NOVEMBER 1st day of 16December, 981998. Name and EIN of Employer: VALLEY COMMUNITY BANCSHARES, MIDCOAST ENERGY RESOURCES. INC. 00-0000000 Signed: ---------------------------------------------------------------- /s/ Xxxxxxx Xxxxxx ------------------- XXXXXXX XXXXXX Name(s) of Trustee: U.S. BANK OF WASHINGTON - TRUST DIVISION XXXXXXX XXXXXX, XXXXX XXXXXX Signed: ---------------------------------------------------------------- ---------------------------------------------------------------- /s/ Xxxxxxx Xxxxxx ------------------- /s/ Xxxxx Xxxxxx ----------------- Name of Custodian: N/A Signed: ---------------------------------------------------------------- ____________________________________________ [NOTENote: A TRUSTEE IS MANDATORYTrustee is mandatory, BUT A CUSTODIAN IS OPTIONALbut a Custodian is optional. SEE SECTION See Section 10.03 OF THE PLANof the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after DECEMBER 31, 1988_. [ ] (j) (SPECIFYSpecify) _________________________ . For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this NOVEMBER ___________________ _________________day of 16of_________________________________, 98_____________________. Name and EIN of Employer: VALLEY COMMUNITY BANCSHARESGlobal Imaging Systems, INC. Inc. 00-0000000 ---------------------------- Signed: ---------------------------------------------------------------- /s/ Xxxx Xxxxxxx --------------------------- Name(s) of Trustee: U.S. BANK OF WASHINGTON - TRUST DIVISION Prudential Bank & Trust Company ------------------------------------------------------------ Signed: ---------------------------------------------------------------- ---------------------------------------------------------------- /s/ --------------------------- --------------------------- Name of Custodian: N/A ---------------------------------- Signed: ---------------------------------------------------------------- --------------------------------- [NOTENote: A TRUSTEE IS MANDATORYTrustee is mandatory, BUT A CUSTODIAN IS OPTIONALbut a Custodian is optional. SEE SECTION See Section 10.03 OF THE PLANof the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001. ---------------------------- USE OF ADOPTION AGREEMENT. Failure to complete properly the elections in this Adoption Agreement may result in disqualification of the Employer's Plan. The 3-digit number assigned to this Adoption Agreement (see page 1) is solely for the Regional Prototype Plan Sponsor's recordkeeping purposes and does not necessarily correspond to the plan number the Employer designated in the prior paragraph.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after DECEMBER 31, 1988____. [ ] (j) (SPECIFYSpecify) _________________________ . For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Regional Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this NOVEMBER _______________ day of 16__________________________, 98______. Name and EIN of Employer: VALLEY COMMUNITY BANCSHARESQuicksilver Resources, INC. 00Inc. 75-0000000 2756163 Signed: ---------------------------------------------------------------- ________________________________ Name(s) of Trustee: U.S. BANK OF WASHINGTON - TRUST DIVISION Anne D. Self Signed: ---------------------------------------------------------------- ---------------------------------------------------------------- Name of Custodian: N/A Signed: ---------------------------------------------------------------- [NOTE: A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. SEE SECTION 10.03 OF THE PLAN.] PLAN NUMBER________________________________ Plan Number. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001. Use of Adoption Agreement. Failure to complete properly the elections in this Adoption Agreement may result in disqualification of the Employer's Plan. The 3-digit number assigned to this Adoption Agreement (see page 1) is solely for the Regional Prototype Plan Sponsor's recordkeeping purposes and does not necessarily correspond to the plan number the Employer designated in the prior paragraph. Reliance on Notification Letter. The Employer may not rely on the Regional Prototype Plan Sponsor's notification letter covering this Adoption Agreement. For reliance on the Plan's qualification, the Employer must obtain a determination letter from the applicable IRS Key District office.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after DECEMBER 31, 1988________ . [ ] (j) (SPECIFYSpecify) _________________________ _______________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this NOVEMBER ________________________ day of 16_______________________________ , 98_______ . Name and EIN of Employer: VALLEY COMMUNITY BANCSHARESUniversal Compression, INC. 00Inc. 74-0000000 SignedXigned: /s/ ERNXX X. XXXXXX ---------------------------------------------------------------- Name(s) of Trustee: U.S. BANK OF WASHINGTON - TRUST DIVISION Welxx Xxrgo Bank Texas, N.A. Signed: /s/ LARXX XXXXXXX ---------------------------------------------------------------- Welxx Xxrgo Bank ---------------------------------------------------------------- Name of Custodian: Nn/A a Signed: ---------------------------------------------------------------- [NOTENote: A TRUSTEE IS MANDATORYTrustee is mandatory, BUT A CUSTODIAN IS OPTIONALbut a Custodian is optional. SEE SECTION See Section 10.03 OF THE PLANof the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001. USE OF ADOPTION AGREEMENT. Failure to complete properly the elections in this Adoption Agreement may result in disqualification of the Employer's Plan. The 3-digit number assigned to this Adoption Agreement (see page 1) is solely for the Master Plan Sponsor's recordkeeping purposes and does not necessarily correspond to the plan number the Employer designated in the prior paragraph. MASTER PLAN SPONSOR. The Master Plan Sponsor identified on the first page of the basic plan document will notify all adopting employers of any amendment of this Master Plan or of any abandonment or discontinuance by the Master Plan Sponsor of its maintenance of this Master Plan. For inquiries regarding the adoption of the Master Plan, the Master Plan Sponsor's intended meaning of any plan provisions or the effect of the opinion letter issued to the Master Plan Sponsor, please contact the Master Plan Sponsor at the following address and telephone number: 505 Xxxx Xxxxxx, Xxxxx 000, Xxxx Xxxxx, Xxxxx, 00000, 017-000-0000 . RELIANCE ON OPINION LETTER. The Employer may not rely on the Master Plan Sponsor's opinion letter covering this Adoption Agreement. For reliance on the Plan's qualification, the Employer must obtain a determination letter from the applicable IRS Key District office.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after DECEMBER 31, 1988. [ ] (j) (SPECIFY) _________________________ . [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this NOVEMBER ___________ day of 16of_______________, 9819_____. Name and EIN of Employer: VALLEY COMMUNITY BANCSHARESCAPITAL BANK, INC. 00N.A. 34-0000000 Signed1000000 Xxgned: ---------------------------------------------------------------- Name(s) of Trustee: U.S. BANK THE TRUST COMPANY OF WASHINGTON - TRUST DIVISION TOLEDO, N.A. Signed: ---------------------------------------------------------------- ---------------------------------------------------------------- Name of Custodian: N/A Signed: ---------------------------------------------------------------- [NOTE: A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. SEE SECTION 10.03 OF THE PLAN.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001.: