Sixth Amendment to Univar USA Inc. Supplemental Retirement Plan
This amendment, effective January 1, 2008, modifies the Univar USA Inc. Supplemental Retirement Plan following the merger of CHEMCENTRAL Corporation into Univar USA Inc. It states that individuals who are accruing or have accrued benefits under Appendix T of the Univar USA Inc. Retirement Plan (which includes former CHEMCENTRAL plan participants) will no longer be eligible to accrue benefits or participate in the Supplemental Retirement Plan. The amendment was executed by Univar USA Inc. on December 19, 2007.
Exhibit 10.35
UNIVAR USA INC. SUPPLEMENTAL RETIREMENT PLAN
(As Amended and Restated Effective July 1, 2004)
Sixth Amendment
WHEREAS, Univar USA Inc. (the Company) sponsors and maintains the Univar USA Inc. Supplemental Retirement Plan, as amended and restated effective July 1, 2004 and as thereafter amended (the Plan); and
WHEREAS, as a result of the merger of CHEMCENTRAL Corporation (CHEMCENTRAL) into the Company (with the Company being the surviving entity) effective October 1, 2007, the Company became sponsor of the employee benefit plans that were sponsored by CHEMCENTRAL, including the CHEMCENTRAL Corporation Consolidated Retirement Plan, as amended and restated effective January 1, 1999 and as thereafter amended (the LCC Plan); and
WHEREAS, effective January 1, 2008, the LCC Plan is merging with and into the Univar USA Inc. Retirement Plan, as amended and restated effective January 1, 2007 (the Univar Retirement Plan) with the Univar Retirement Plan being the surviving plan and the provisions of the LCC Plan becoming Appendix T to the Univar Retirement Plan; and
WHEREAS, the Company has the authority to amend the Plan pursuant to Section 10 of the Plan; and
WHEREAS, the Company desires to amend the Plan to provide that no individuals accruing a benefit or with accrued benefits under Appendix T of the Univar USA Inc. Retirement Plan shall accrue a benefit under the Plan;
NOW, THEREFORE, Section 3 of the Plan, Participation, is hereby amended by adding a new paragraph to the end thereof to read, effective January 1, 2008, as follows:
Notwithstanding any other provision of the Plan to the contrary, no individual accruing (or with accrued) benefits under Appendix T of the Retirement Plan shall accrue a benefit or otherwise be a Participant in this Plan.
This Sixth Amendment is executed this 19th day of December, 2007.
UNIVAR USA INC. | ||
By | /s/ Frank J. Mirabelli | |
Its Senior Vice President |