Multiple Use. If one or more Highly Compensated Employees participate in both a CODA and a plan subject to the ACP test maintained by the Employer and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then, as elected in the Adoption Agreement, the ACP or the ADP of those Highly Compensated Employees who also participate in a CODA will be reduced (beginning with such Highly Compensated Employee whose ACP (or ADP, if elected) is the highest) so that the limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage Amounts (or ADP, if elected) is reduced shall be treated as an Excess Aggregate Contribution (or Excess Contribution, if elected). The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if the ADP and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Participants who are not Highly Compensated Employees.
Multiple Use. If one or more Highly Compensated Employees participate in both a cash or deferred arrangement and a plan subject to the ACP Test and the sum of the Actual Deferral Percentage and the Actual Contribution Percentage of those Highly Compensated Employees exceeds the "aggregate limit", then the Actual Contribution Percentage of those Highly Compensated Employees will be reduced, beginning with such Highly Compensated Employee whose Actual Contribution Percentage is the highest, so that the limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage is reduced shall be treated as an Excess Aggregate Contribution. The Actual Deferral Percentage and Actual Contribution Percentage of the Highly Compensated Employees are determined after any corrections required to meet the ADP Test and the ACP Test. Multiple use does not occur if either the Average Deferral Percentage or Actual Contribution Percentage of the Highly Compensated Employees does not exceed 1.25 multiplied by the Actual Deferral Percentage and the Actual Contribution Percentage of the Nonhighly Compensated Employees.
Multiple Use. The right to lease the lands for other minerals subject to the Rules and Regulations of the Board of Land Commissioners providing for Leasing of Sub-surface Resources and the Multiple Use thereof.
Multiple Use. If one or more Highly Compensated Employees participate in both a CODA and an Employer plan subject to the ACP test and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then the ACP of the Highly Compensated Employees who also participate in a CODA are reduced (beginning with the Highly Compensated Employee whose ACP is the highest) until the limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage Amounts is reduced is treated as an
Multiple Use. For Plan Years beginning after the Final Compliance Date, if
Multiple Use. 5.1 Multiple use of the software is possible depending on the type of licensing (concurrent use / float- ing licences as dongle or PC-bound licence). Only in an emergency may the licensee use the software on alternative devices of the same type. Multiple use of the software product must be approved by the licensor or requires the purchase of concurrent use / floating licences. In the event of the use of Concurrent Use / Floating Licences, the total number of concurrently authorised users of the Software Product shall not exceed the number of all Concurrent Use Licences granted to Licensee for the Software Product. Unless otherwise agreed in this License Agreement, all other terms and conditions of this License Agreement apply to Licensee's use of the Software Product under a Concurrent Use License.
Multiple Use. If one or more Highly Compensated Employees participate in a cash or deferred arrangement and a plan that is subject to the Average Contribution Percentage test that is maintained by the Employer, and the sum of the Average Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, the Average Contribution Percentage of the Highly Compensated Employees who also participate in the cash or deferred arrangement will be reduced (beginning with the Highly Compensated Employee with the highest Contribution Percentage) by the smallest amount that would cause the aggregate limit not to be exceeded. The amount by which each Highly Compensated Employee's "Contribution Percentage amount" is reduced will be treated as an Excess Aggregate Contribution. The Average Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees will be determined after any corrections that are required to meet the Average Deferral Percentage and Average Contribution Percentage tests are made. The Aggregate Limit will not be exceeded if either the Average Deferral Percentage or Average Contribution Percentage of the Highly Compensated Employees does not exceed 1.25 multiplied by the Average Deferral Percentage or Average Contribution Percentage (whichever is applicable) of the Nonhighly Compensated Employees.
Multiple Use. If one or more Highly Compensated Employees participate in both a CODA and a plan subject to the ACP test maintained by the Employer and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then the ACP of those Highly Compensated Employees who also participate in a CODA shall be reduced (beginning with such Highly Compensated Employee whose ACP is the highest) so that the limit is not exceeded. The amount by which each Highly Compensated Employee's contribution percentage amounts is reduced shall be treated as an Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Employees who are not Highly Compensated Employees.
Multiple Use. Effective for Plan Years beginning on or after January 1, 1997, if one or more Highly Compensated Employees participate in both a cash or deferred arrangement (CODA) and a Plan subject to the ACP test maintained by the Employer, and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then the ACP of those Highly Compensated Employees who also participate in a CODA will be reduced in the manner described in Section Five of the Plan so that the limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage Amounts is reduced shall be treated as an Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests and are deemed to be the maximum permitted under such tests for the Plan Year. Multiple use does not occur if either the ADP and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the non-Highly Compensated Employees.
Multiple Use. If this Plan is the only cash or deferred arrangement in which a Highly Compensated Employee participates, the provisions in Section 3.07 regarding the Aggregate Limit, as defined in Section 3.07, shall not apply. If this Plan satisfies the ACP Test Safe Harbor and provides for no Member Contributions, the provisions in Section 3.07 regarding the Aggregate Limit, as defined in Section 3.07, shall not apply.
