Basic Test Clause Samples

Basic Test. The Average Contribution Percentage for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the Average Contribution Percentage for Participants who are non-Highly Compensated Employees for the same Plan Year multiplied by 1.25; or

Basic Test. 5.9.1.1.1. The Average Contribution Percentage for Eligible Employees who are Highly Compensated Employees shall not be more than the Average Contribution Percentage of all other Eligible Employees multiplied by 1.25, or 5.9.1.1.2. The excess of the Average Contribution Percentage for Eligible Employees who are Highly Compensated Employees over the Average Contribution Percentage for all other Eligible Employees shall not be more than two (2) percentage points, and the Average Contribution Percentage for 44 the Highly Compensated Employees shall not be more than the Average Contribution Percentage of all other Eligible Employees multiplied by 2.00.

Basic Test. The "Actual Deferral Percentage" for Eligible Employees who are Highly Compensated Employees shall not be more than the "Actual Deferral Percentage" of all other Eligible Employees multiplied by 1.25, or

Basic Test o OS 9.1 Full Regression Test o OSX classic Basic Test o Win 98 Basic Test o Win NT4 Basic Test o Win ME Basic Test Win 2000 Full Regression Test o Win XP Basic Test 3. Areas not to be Tested o Windows 3.1, Windows NT 3.51, Windows 95 o Mac OS 8.0 and previous versions o Mac OS X native o Lan Topologies other than l0baseT o Older versions of Client applications listed o Client applications not listed in document o Product registration completion with HP website (this does not exclude verification of browser launch with correct URL)

Basic Test. The Market Price Test to which reference was made in Section 15.1 shall be satisfied if, during the period of 150 days immediately following the consummation of the Initial Public Offering (the “150 Day Initial Market Period”) the average daily closing price of a Common Unit in the principal trading market for the Common Units (adjusted to the extent necessary to reflect any Capital Changes during the 150 Day Initial Market Period) shall not be less than the Target Price. The “Target Price” shall be the quotient derived by dividing (i) $180 million by (ii) the number of WM Test Units outstanding at the end of the 150 Day Initial Market Period. The determination required by this paragraph and all other determinations required in the Venture Agreements to be made based on the average daily closing price shall be made utilizing only the days in the period during which the security involved was traded in the principal public market and shall be a simple arithmetic average of the closing prices on those days without weighing for differences in trading volume. For purposes of Section 15.5(a) a Unit shall be deemed “outstanding” at the end of the 150 day Initial Market Period if it shall have been acquired by the Partnership by any means other than a Capital Change but shall not be deemed outstanding if it shall have been acquired by the Partnership or otherwise ceased to be outstanding as a result of a Capital Change.