ADOPTION AGREEMENT FOR SPECIMEN SECTION 451 DEFERRED COMPENSATION PLANAdoption Agreement • March 8th, 2012 • Education Realty Trust, Inc. • Real estate investment trusts
By executing the attached Adoption Agreement (the “Agreement”), the Employer, as identified in the Agreement, has adopted this Specimen Section 451 Deferred Compensation Plan (the “Plan”) effective as provided in the Agreement. This Plan is intended to offer a select group of the Employer’s management or highly compensated employees an opportunity to elect to defer the receipt of compensation in order to provide deferred compensation benefits taxable pursuant to section 451 of the Internal Revenue Code of 1986, as amended (the “Code”), and to provide a deferred compensation vehicle to which the Employer, in its discretion, may credit certain amounts on behalf of participants. The Plan is intended to be a “top-hat” plan (i.e., an unfunded deferred compensation plan maintained for a select group of management or highly-compensated employees) under sections 201(2), 301(a)(3) and 401(a)(1) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). The Plan also is intend
