Third Amendment to the TD Banknorth Inc. 401(k) Plan

Summary

This amendment updates the TD Banknorth Inc. 401(k) Plan to recognize service with TD Bank Financial Group, including The Toronto-Dominion Bank and its subsidiaries, when determining years of service for employees who transfer to TD Banknorth or a participating employer. The change is effective March 1, 2005. The amendment ensures that transferred employees receive credit for their prior service, potentially affecting their benefits under the plan.

EX-10.(S)(4) 3 b58475tdexv10wxsyx4y.htm EX-10.(S)(4) THIRD AMENDMENT TO THE AMENDED AND RESTATED 401(K) PLAN exv10wxsyx4y

Exhibit 10(s)(4)

THIRD AMENDMENT
TO THE TD BANKNORTH INC. 401(k) PLAN

The TD Banknorth Inc. 401(k) Plan (the “Plan”) was last amended and restated effective generally January 1, 2004, and subsequently amended by First and Second Amendments effective as of the dates stated therein. The Plan shall be further amended as set forth below.

1. The terms used in this Third Amendment shall have the meanings set forth in the Plan unless the context indicates otherwise.

2. The following subsection (e) shall be added to Section 1.65:

(e) Effective on or after March 1, 2005, for an Employee who transfers to the Company or a Participating Employer from TD Bank Financial Group, Years of Service shall be determined by taking into account his or her service with TD Bank Financial Group, whether such service occurs prior to or following a period of eligible employment under this Plan. As used herein, “TD Bank Financial Group” includes The Toronto-Dominion Bank and each of its subsidiaries, whether or not any such entity is an Affiliate of the Company within the meaning of Section 1.03.

3. This Third Amendment shall be effective March 1, 2005.

IN WITNESS WHEREOF, to record the adoption of this Third Amendment, TD Banknorth Inc. has caused this instrument to be executed by its duly authorized officer this day of , 2005.


	TD BANKNORTH INC.
	By
		Its