Common use of ALTERNATIVE LIMITATION FAIL SAFE Clause in Contracts

ALTERNATIVE LIMITATION FAIL SAFE. As soon as practicable after the close of each Plan Year, the Committee shall determine whether the alternative limitation would be exceeded. If the limitation would be exceeded for any Plan Year, before the close of the following Plan Year the Actual Deferral Percentage or Contribution Percentage of the eligible Highly Compensated Employees, or a combination of both, shall be reduced by distributions made in the manner described in the Regulations. These distributions shall be in addition to and not in lieu of distributions required for Excess 401(k) Contributions and Excess Aggregate 401(m) Contributions.

Appears in 15 contracts

Samples: Quanex Corporation Employees (Quanex Corp), Quanex Corporation Employee Savings Plan (Quanex Corp), Quanex Corp

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