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These excerpts taken from the EYE 10-K filed Feb 24, 2009. 401(K) PLAN The ADVANCED MEDICAL OPTICS, INC. 401(k) PLAN (the Plan) is hereby amended as follows:
(i) An Eligible Employee who was employed by Suppleyes, Inc. on the day prior to the Closing Date (as such date is defined in the Asset Purchase Agreement by and between Advanced Medical Optics, Inc. and Suppleyes, Inc. dated May 14, 2008) shall receive Credited Service for any period of employment with Suppleyes, Inc. for purposes of the participation, vesting, and in-service withdrawal provisions of the Plan but shall not receive Credited Service for any period of employment with Suppleyes, Inc. for purposes of determining his or her Profit Sharing Percentage pursuant to Section 5.3(c).
IN WITNESS WHEREOF, Advanced Medical Optics, Inc. hereby executes this Sixth Amendment to the Advanced Medical Optics, Inc. 401(k) Plan on this 13th day of November, 2008.
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