Common use of Loans to Participants Clause in Contracts

Loans to Participants. Subject to such rules and regulations as may from time to time be promulgated by the Committee, the Committee, upon application of a Participant (as that term is defined for purposes of this Section 12.8), may, in its sole and absolute discretion, direct the Trustee to make a loan or loans to such Participant from his Accounts, in the order and upon such terms as the Committee shall establish, and subject to the requirements of this Section 12.8. For purposes of this Section 12.8 only, the term “Participant” shall include ) ( former Participants and Beneficiaries who are “parties in interest” with respect tothe Plan, as that term is defined under Section 3(14) of ERISA. The maximum amount that may be loaned is the lesser of: (i) $50,000.00, reduced by the highest outstanding balance of any prior loans from the Plan to the Participant during the one-year period ending on the day before the date on which such loan is made, or (ii) one-half of the value of the Participant’s vested Individual Account balance as of the Valuation Date next preceding the date on which the Committee receives the Participant’s loan application. In determining the maximum amount allowed hereunder as a loan, all loans to a Participant from all plans of the Employer and any Affiliate are to be aggregated. The minimum amount that may be loaned is One Thousand Dollars ($1,000.00), and no more than two loans may be outstanding at any time, except to the extent otherwise provided in the policies and procedures adopted by the Committee, the terms of which are incorporated herein, and specifically providing that the maximum number of loans that may be outstanding at any time on behalf of a participant who was previously an employee of Northern Tier Energy LLC, on June 1,2017, including employees who return to active employment of any of such entities subsequent to that date following a return from an approved leave of absence, as part of the acquisition of Western Refining, Inc., and who, on the date of the merger of the Northern Tier Energy Retirement Savings Plan (the “Northern Tier Plan”) into this Plan had up to five (5) outstanding loans under the Northern Tier Plan, shall be the number of outstanding loans under the Northern Tier Plan on the date of such merger. Loans shall be granted by the Committee in a uniform and nondiscriminatory manner. Each loan shall bear a reasonable rate of interest, as determined by the Committee, and shall be adequately secured, with substantially level amortization and payments made not less frequently than quarterly, and shall by its terms require repayment in no later than five (5) years. Notwithstanding the foregoing, a loan made prior to December 2, 2014 from a qualified plan of QEP Resources, Inc. (a “QEP Plan”) to a Participant who was previously an employee of QEP Resources, Inc. (or its affiliates) hired by an Employer on December 2, 2014 (or subsequent to that date following a return from an approved leave of absence), as part of the acquisition by Tesoro Logistics LP from QEP Resources, Inc. of its wholly owned natural gas pipeline and processing business, QEP Field Services, LLC, which loan satisfied the provisions under the QEP Plan for a “home loan”, within the meaning of Section 72(p)(2)(B)(ii), and which is contributed to this Plan as all or any portion of a Rollover Contribution, in accordance with the provisions of Section 4.11 hereof, may continue to be repaid over its term, as determined on the date on which it is contributed to the Plan as a Rollover Contribution. Furthermore, notwithstanding the foregoing, a loan made prior to June 29, 2018 from a qualified plan of Western Refining or its wholly- owned subsidiary, Northern Tier Energy LLC (each, a “Western Plan”) to a Participant who was previously an employee of Western Refining, Inc. (or its affiliates), including its wholly-owned subsidiary, Northern Tier Energy LLC, on ‘ June 1, 2017, including employees who return to active employment of any of

Loans to Participants. Subject to such rules and regulations as may from time to time be promulgated by the Committee, the Committee, upon application of a Participant (as that term is defined for purposes of this Section 12.8), The Administrator may, in its sole and absolute discretion, establish a loan program and direct the Trustee to make a loan or loans to such Participant from his Accounts, in the order and upon such terms as the Committee shall establish, and subject to the requirements of this Section 12.8. For purposes of this Section 12.8 only, the term “Participant” shall include ) ( former Participants and Beneficiaries who are “parties in interest” with respect tothe Plan, as that term is defined under Section 3(14) of ERISA. The maximum amount that may be loaned is the lesser of: (i) $50,000.00, reduced by the highest outstanding balance of any prior loans from the Plan to the Participant during the one-year period ending on the day before the date on which such loan is made, or (ii) one-half of the value of the Participant’s vested Individual Account balance as of the Valuation Date next preceding the date on which the Committee receives the Participant’s loan application. In determining the maximum amount allowed hereunder as a loan, all loans to a Participant from all plans or Beneficiary, other than shareholder-Employees or Owner-Employees. (A) Loans made pursuant to this program shall be subject to such rules as the Administrator, in its sole discretion, shall adopt, provided that such rules and regulations do not discriminate in favor of officers, shareholders or highly compensated Employees of the Employer and that loans shall be available to all Participants or Beneficiaries on a non-discriminatory basis. No loans shall be made under this Section 7.1 to any Affiliate are shareholder-Employees or Owner-Employees. (B) Any loan to a Participant made under this program shall comply with the following terms and conditions: (1) An application for a loan shall be aggregated. The minimum amount that may be loaned is One Thousand Dollars ($1,000.00), and no more than two loans may be outstanding at any time, except made in writing to the extent otherwise provided in the policies and procedures adopted by the CommitteeAdministrator, the terms of which are incorporated herein, and specifically providing that the maximum number of loans that may be outstanding at any time on behalf of a participant who was previously an employee of Northern Tier Energy LLC, on June 1,2017, including employees who return to active employment of any of such entities subsequent to that date following a return from an approved leave of absence, as part of the acquisition of Western Refining, Inc., and who, on the date of the merger of the Northern Tier Energy Retirement Savings Plan (the “Northern Tier Plan”) into this Plan had up to five (5) outstanding loans under the Northern Tier Plan, whose action thereon shall be the number of outstanding loans under the Northern Tier Plan on the date of such mergerfinal. Loans (2) The loan shall be granted by the Committee in a uniform and nondiscriminatory manneradequately secured, pursuant to Section 5, below. Each (3) The loan shall bear a reasonable rate of interest, as determined by the Committee, and Plan Administrator in its sole discretion. The interest rate shall be adequately securedcomparable to the rate charged by commercial lenders in the geographical area of the Employer for similar types of loans, with substantially level amortization and payments as determined by conditions customarily taken into account by such lenders in the making of similar types of loans. (4) A loan shall be made not less frequently than quarterlyfor fixed period of time, and shall as determined by the Plan Administrator in its terms require repayment sole discretion, which in no later than event shall exceed five (5) years. Notwithstanding Years from the foregoingdate of such loan, except that such five (5) Year repayment rule shall not apply to any loan used to acquire a loan made prior to December 2dwelling unit which, 2014 from within a qualified plan reasonable period of QEP Resourcestime, Inc. (will be used as a “QEP Plan”) to a Participant who was previously an employee of QEP Resources, Inc. (or its affiliates) hired by an Employer on December 2, 2014 (or subsequent to that date following a return from an approved leave of absence), as part principal residence of the acquisition Participant. Security for Loans to Participants is described in section 10.6. (5) No distribution shall be made to any Active Participant, inactive Participant, Former Participant or Beneficiary of any such Participant unless and until all unpaid loans, including accrued interest thereon, have been satisfied. (6) Loans shall be made available to all Participants and Beneficiaries on a reasonably equivalent basis. (7) No loan to any Participant or Beneficiary can be made to the extent that the amount of the loan, when added to the outstanding balance of all other loans to the Participant or Beneficiary, would exceed the lesser of: (a) $50,000 reduced by Tesoro Logistics LP the excess (if any) of the highest outstanding balance of loans during the one year period ending on the day before the loan is made, over the outstanding balance of loans from QEP Resourcesthe Plan on the date the loan is made, Inc. or (b) one-half the value of its wholly owned natural gas pipeline the vested account balance of the Participant. For the purpose of the above limitation, all loans from all qualified plans of the Affiliated Employers are aggregated. (8) In the event of default, foreclosure on and processing businessattachment of security will not occur until a distributable event occurs in the Plan. (9) Loans shall not be made available to highly compensated employees (as defined in Section 414(g) of the Code) in an amount greater than the amount made available to other Employees. (10) A Participant must obtain the consent of his Spouse, QEP Field Servicesif any, LLC, which loan satisfied to use of the provisions under Accrued Benefit as security for the QEP Plan for a “home loan”, within . Spousal consent shall be obtained no earlier than the meaning beginning of Section 72(p)(2)(B)(ii), and which is contributed to this Plan as all or any portion of a Rollover Contribution, in accordance with the provisions of Section 4.11 hereof, may continue to be repaid over its term, as determined 90-day period that ends on the date on which it the loan is contributed to be so secured. The consent must be in writing, must acknowledge the effect of the loan, and must be witnessed by a Plan representative or notary public. Such consent shall thereafter be binding with respect to the consenting Defined Contribution Plan as a Rollover Contribution. Furthermore, notwithstanding the foregoing, a loan made prior to June 29, 2018 from a qualified plan of Western Refining or its wholly- owned subsidiary, Northern Tier Energy LLC (each, a “Western Plan”) to a Participant who was previously an employee of Western Refining, Inc. (or its affiliates), including its wholly-owned subsidiary, Northern Tier Energy LLC, on ‘ June 1, 2017, including employees who return to active employment of any ofand Trust Document

Loans to Participants. Subject to such rules and regulations as may from time to time be promulgated by the Committee, the Committee, upon Upon written application of a Participant submitted to the Company at least thirty (30) days (or such shorter period as that term is defined for purposes of this Section 12.8)the Committee allows) prior to a Valuation Date, may, in its sole and absolute discretion, the Committee may direct the Trustee Trustees to make a loan or loans lend to such Participant such amount or amounts from his Accounts, in accounts under the order and upon Plan up to fifty percent (50%) of the total aggregate value of the vested portion of such terms Participant's accounts (determined as of such Valuation Date). Notwithstanding the Committee shall establish, and subject to the requirements of this Section 12.8. For purposes of this Section 12.8 onlyforegoing, the term “Participant” aggregate amount of all outstanding loans, including accrued interest, from the Plan to a Participant shall include ) ( former Participants and Beneficiaries who are “parties in interest” with respect tothe Plan, as that term is defined under Section 3(14) of ERISA. The maximum amount that may be loaned is the lesser of: (i) not exceed $50,000.0050,000, reduced by the highest outstanding balance amount of any prior loans from the Plan to the Participant loan repayment made during the one-one (1) year period ending on the day before the date on which such loan is to be made. The minimum amount which may be loaned to a Participant under this Section 7.10 shall be $1,000. A Participant may not have more than two loans outstanding under this Section 7.10 at any given time. Loans shall be made available to all Participants on a reasonably equivalent basis, or (ii) oneexcept that the Committee may make reasonable distinctions based upon credit-half worthiness, other obligations of the value Participant and other factors that may adversely affect the ability to assure repayment. The decision as to whether a loan shall or shall not be made in any case shall rest solely within the discretion of the Participant’s vested Individual Account balance Committee, such discretion to be exercised consistently with the provisions of Section 9.05 and with such procedures as of the Committee may establish pursuant to this Section 7.10. Loans approved under this Section 7.10 shall be made as soon as reasonably practicable after the Valuation Date next preceding the date on which following timely receipt by the Committee receives of the Participant’s loan 's written application. In determining Each such loan shall be made at such reasonable rate of interest as the maximum amount allowed hereunder Committee may determine, and shall be subject to such other terms and conditions as a loanthe Committee may deem proper, all loans to a Participant from all plans and shall be evidenced by the promissory note of the Employer Participant and any Affiliate are to secured by at least fifty percent (50%) of the Participant's interest in the Plan. Each such loan shall be aggregated. The minimum amount that repaid by such means as may be loaned is One Thousand Dollars ($1,000.00), and no more than two loans may be outstanding at any time, except to the extent otherwise provided in the policies and procedures adopted authorized by the Committee, shall be amortized over the terms of which are incorporated herein, and specifically providing that the maximum number of loans that may be outstanding at any time on behalf of a participant who was previously an employee of Northern Tier Energy LLC, on June 1,2017, including employees who return to active employment of any of such entities subsequent to that date following a return from an approved leave of absence, as part term of the acquisition of Western Refining, Inc., and who, on the date of the merger of the Northern Tier Energy Retirement Savings Plan (the “Northern Tier Plan”) into this Plan had up to five (5) outstanding loans under the Northern Tier Plan, shall be the number of outstanding loans under the Northern Tier Plan on the date of such merger. Loans shall be granted by the Committee loan in a uniform and nondiscriminatory manner. Each loan shall bear a reasonable rate of interest, as determined by the Committee, and shall be adequately secured, with substantially level amortization and payments made not less frequently than quarterly, and shall by its terms require repayment in no later than be repaid within five (5) years unless such loan is used to acquire a dwelling unit which within a reasonable period of time is to be used 113 (determined at the time the loan is made) as the principal residence of the Participant in which case the repayment period shall not exceed twenty (20) years. Notwithstanding Each such loan shall be deemed to be an investment made at the foregoing, direction of such Participant and shall be credited to a separate investment account for the borrowing Participant. An amount equal to the principal amount of such loan when made shall be charged to the interests of such Participant's accounts under the Plan as designated by the Participant. A Participant may specify that a loan under this Section 7.10 is to be charged to his interest in one or more specific Investment Media in which his accounts are invested. Unless so specified, the loan amounts shall be made prior to December 2, 2014 from a qualified plan of QEP Resources, Inc. (a “QEP Plan”) to a Participant who was previously an employee of QEP Resources, Inc. (or its affiliates) hired by an Employer on December 2, 2014 (or subsequent to that date following a return from an approved leave of absence), as part out of the acquisition by Tesoro Logistics LP from QEP Resources, Inc. interest of its wholly owned natural gas pipeline and processing business, QEP Field Services, LLC, which loan satisfied the provisions under the QEP Plan for a “home loan”, within the meaning of Section 72(p)(2)(B)(ii), and which is contributed to this Plan as all or any portion of a Rollover Contribution, such account in each Investment Medium in accordance with the provisions proportion which the interest of Section 4.11 hereof, may continue to be repaid over its term, as determined on the date on which it is contributed such account in such Investment Medium bears to the Plan total value of such accounts, subject however to such restrictions as a Rollover Contribution. Furthermore, notwithstanding may be applicable to the foregoing, a loan made prior to June 29, 2018 from a qualified plan of Western Refining or its wholly- owned subsidiary, Northern Tier Energy LLC (each, a “Western Plan”) to a Participant who was previously an employee of Western Refining, Inc. (or its affiliates), including its wholly-owned subsidiary, Northern Tier Energy LLC, on ‘ June 1, 2017, including employees who return to active employment of any ofparticular Investment Media.

Loans to Participants. Subject to such rules and regulations as may from time to time be promulgated by the Committee, the Committee, upon Upon written application of a Participant submitted to the Company at least (30) days (or such shorter period as that term is defined for purposes of this Section 12.8)the Company allows) prior to a Valuation Date, may, in its sole and absolute discretion, the Company may direct the Trustee Trustees to make a loan or loans lend to such Participant such amount or amounts from his Accounts, in accounts under the order and upon such terms as the Committee shall establish, and subject Plan up to the requirements of this Section 12.8. For purposes of this Section 12.8 only, the term “Participant” shall include ) ( former Participants and Beneficiaries who are “parties in interest” with respect tothe Plan, as that term is defined under Section 3(14fifty percent (50%) of ERISA. The maximum the total aggregate value of the vested portion of such Participant's accounts (determined as of such Valuation Date, provided that the aggregate amount that may be loaned is of all outstanding loans, including accrued interest, from the lesser of: (i) Plan to a Participant shall not exceed $50,000.0050,000, reduced by the highest outstanding balance amount of any prior loans from the Plan to the Participant loan repayment made during the one-one (1) year period ending on the day before the date on which such loan is to be made. The minimum amount which may be loaned to a Participant under this Section 7.10 shall be $1,000. A Participant may not have more than three loans outstanding under this Section 7.10 at any given time. Loans shall be made available to all Participants on a reasonably equivalent basis, or (ii) oneexcept that the Company may make reasonable distinctions based upon credit-half worthiness, other obligations of the value of Participant and other factors that may adversely affect the Participant’s vested Individual Account balance ability to assure repayment. Loans approved under this Section 7.10 shall be made as of soon as reasonably practicable after the Valuation Date next preceding following timely receipt by the date on which the Committee receives Company of the Participant’s loan 's written application. In determining the maximum amount allowed hereunder as a loan, all loans to a Participant from all plans of the Employer and any Affiliate are to be aggregated. The minimum amount that may be loaned is One Thousand Dollars ($1,000.00), and no more than two loans may be outstanding at any time, except to the extent otherwise provided in the policies and procedures adopted by the Committee, the terms of which are incorporated herein, and specifically providing that the maximum number of loans that may be outstanding at any time on behalf of a participant who was previously an employee of Northern Tier Energy LLC, on June 1,2017, including employees who return to active employment of any of Each such entities subsequent to that date following a return from an approved leave of absence, as part of the acquisition of Western Refining, Inc., and who, on the date of the merger of the Northern Tier Energy Retirement Savings Plan (the “Northern Tier Plan”) into this Plan had up to five (5) outstanding loans under the Northern Tier Plan, loan shall be the number of outstanding loans under the Northern Tier Plan on the date of made at such merger. Loans shall be granted by the Committee in a uniform and nondiscriminatory manner. Each loan shall bear a reasonable rate of interest, interest as determined by the CommitteeCompany may determine, and shall be adequately securedsubject to such other terms and conditions as the Company may deem proper, with substantially and shall be evidenced by the promissory note of the Participant and secured by at least fifty percent (50%) of the Participant's interest in the Plan. Each such loan shall be repaid by such means as may be authorized by the Company, shall be amortized over the term of the loan in level amortization and payments made not less frequently than quarterly, and shall by its terms require repayment in no later than be repaid within five (5) years unless such loan is used to acquire a dwelling unit which within a reasonable period of time is to be used (determined at the time the loan is made) as the principal residence of the Participant in which case the repayment period shall not exceed twenty (20) years. Notwithstanding Each such loan shall be deemed to be an investment made at the foregoingdirection of such Participant and shall be credited to a separate investment account for the borrowing Participant. An 89 amount equal to the principal amount of such loan when made shall be charged to the interests of such Participant's accounts as designated by the Participant. Subject to such restrictions as may be applicable to the particular Investment Funds, in the event of a loan made prior to December 2, 2014 from a qualified plan of QEP Resources, Inc. (a “QEP Plan”) to a Participant who was previously an employee of QEP Resources, Inc. (or its affiliates) hired by an Employer on December 2, 2014 (or subsequent to that date following a return from an approved leave of absence), as part of less than the acquisition by Tesoro Logistics LP from QEP Resources, Inc. of its wholly owned natural gas pipeline and processing business, QEP Field Services, LLC, which loan satisfied the provisions under the QEP Plan for a “home loan”, within the meaning of Section 72(p)(2)(B)(ii), and which is contributed to this Plan as all or any portion entire balance of a Rollover ContributionParticipant's account, the loan amounts shall be withdrawn from the Investment Funds pro rata in proportion to the interest of such account in each of such Investment Funds. All interest and loan repayments shall be reinvested in the Investment Funds in accordance with the provisions most recent investment election of such Participant with respect to contributions credited to such accounts. All expenses incurred by the Company and the Trustees, including reasonable attorneys' fees and court costs, as a result of a default by a Participant shall be charged against the Participant's accounts. If any loan under this Section 4.11 hereof, may continue to be repaid over its term7.10 is in default, as determined on in accordance with the date on which it is contributed procedures established by the Company, when any part or all of the amount standing to the Plan as credit of a Rollover Contribution. FurthermoreParticipant's accounts becomes distributable to such Participant or his Beneficiary, notwithstanding the foregoingCompany shall direct the Trustees to apply the amount of such distributable amount in payment of the entire outstanding loan principal, a loan made prior and any interest theretofore accrued, before distributing the balance, if any, to June 29, 2018 from a qualified plan of Western Refining the Participant or its wholly- owned subsidiary, Northern Tier Energy LLC (each, a “Western Plan”) to a Participant who was previously an employee of Western Refining, Inc. (or its affiliates), including its wholly-owned subsidiary, Northern Tier Energy LLC, on ‘ June 1, 2017, including employees who return to active employment of any ofhis Beneficiary."