RESTRICTION ON PLAN AMENDMENTS Clause Samples

RESTRICTION ON PLAN AMENDMENTS. During the Transition Period, neither PepsiCo nor TRICON shall adopt any amendment, or allow any amendment to be adopted, to any of their respective Pension Plans or Savings Plans that, in the opinion of counsel acceptable to both PepsiCo and TRICON, would violate Code Sec. 411(d)(6) or that would create an optional form of benefit subject to Code Sec. 411(d)(6). During the Transition Period, TRICON shall not eliminate any investment option available under the TRICON Savings Plan as of Immediately after the Distribution Date.

RESTRICTION ON PLAN AMENDMENTS. During the Transition Period, neither Pennzoil nor Downstream shall adopt any amendment, or allow any amendment to be adopted, to any of their respective Pension Plans or Savings Plans, except for any amendment that, in the opinion of counsel acceptable to both Pennzoil and Downstream, is required to continue to cause any such plan to meet the requirements of Section 401(a) of the Code, provided, however, either party may adopt such an amendment with the prior written consent of both the other party and Quaker State.

RESTRICTION ON PLAN AMENDMENTS. During the Nonrepresented Transition Period, neither Lucent nor Avaya shall adopt any amendment, or allow any amendment to be adopted, to any of their respective Pension Plans or Savings Plans that would violate Code Section 411(d)(6) or that would create an optional form of benefit subject to Code Section 411(d)(6).