DAVIES & MONAHAN, P.C. RETIREMENT PLAN

Profit-sharing plan.

Participants have the opportunity to direct the investment of all of the assets allocated to their individual accounts regardless of whether 29 CFR 2550.404c-1 is intended to be met.

Cash or deferred arrangement described in Code section 401(k) that is part of a qualified defined contribution plan under which employees may elect to defer part of their compensation or receive these amounts in cash.

Total or partial participant-directed account plan where plan uses a default investment account for participants who fail to direct assets in their account.