PHASE II PRODUCTS, INC. EMPLOYEE SAVINGS PLAN & TRUST

Age/service weighted plan where allocations are based on age service or age and service; or new comparability or similar plan where allocations are based on participant classifications consisting entirely or predominantly of highly compensated employees or the plan provides an additional allocation rate on compensation above a specified threshold that exceeds the permitted disparity limits of Code section 401(l).

Participants have the opportunity to direct the investment of a portion 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.

A master prototype or volume submitter plan that is the subject of a favorable opinion or advisory letter from the IRS.

A one-participant plan that satisfies minimum coverage requirements of section 410(b) only when combined with another plan of the employer.