ATTORNEYS & COUNSELORS AT LAW 633 SEVENTEENTH STREET, SUITE 3000 DENVER, COLORADO 80202 TELEPHONE: (303) 297-2900 FAX: (303) 298-0940 WWW.SHERMANHOWARD.COM |
1. | The Internal Revenue Service (“IRS”) issued on June 1, 2005, a favorable determination letter indicating the compliance of the provisions of the written documents constituting the Plan with the requirements of Employee Retirement Income Security Act of 1974, as amended (“ERISA”) pertaining to such written provisions; |
2. | Pursuant to Revenue Procedure 2007-44, on January 31, 2011, an IRS Form 5300 Application for Determination for Employee Benefit Plan (the “Application”) was submitted with respect to the Plan and all amendments to the Plan subsequent to the issuance of the June 1, 2005, favorable determination letter; and |
3. | The Company hereby undertakes the following: |
a. | Any and all amendments to the Plan made subsequent to the Application will be timely submitted to the IRS for inclusion in its review of the Plan for a favorable determination letter; and |
b. | The Company will make all changes to the Plan required by the IRS in connection with its review of the Application and the above-referenced amendments subsequently timely submitted for review in order to maintain the qualified status of the Plan. |