Tech Data 2013 Annual Report Download - page 147
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Exhibit 10-BBq
FIRST AMENDMENT TO TRUST AGREEMENT BETWEEN
FIDELITY MANAGEMENT TRUST COMPANY AND
TECH DATA CORPORATION
THIS FIRST AMENDMENT, dated as of the first day of April, 2004, and effective on that date unless otherwise stated herein, by and
between Fidelity Management Trust Company (the "Trustee") and Tech Data Corporation (the "Sponsor");
WITNESSETH:
WHEREAS, the Trustee and the Sponsor heretofore entered into a Trust Agreement dated August 1, 2003, with regard to the Tech Data
Corporation 401(k) Savings Plan (the "Plan"); and
WHEREAS, the Trustee and the Sponsor now desire to amend said Trust Agreement as provided for in Section 13 thereof;
NOW THEREFORE, in consideration of the above premises, the Trustee and the Sponsor hereby amend the Trust Agreement by:
(1) Restating Section 1(a), Administrator, in its entirety, as follows:
(a) "Administrator"
"Administrator" shall mean the Tech Data Corporation Retirement Plan Investment Committee appointed by the Sponsor in
accordance with the Plan document to serve as the administrator of the Plan (within the meaning of Section 3(16)(A) of ERISA).
(3) Restating Section 1(w), Named Fiduciary, in its entirety, as follows:
(w) “Named Fiduciary"
"Named Fiduciary" shall mean the Tech Data Retirement Plan Investment Committee, a named fiduciary of the Plan (within the
meaning of section 402(a) of ERISA).
(4) Amending Section 4(b) to add the following at the end thereof:
In the case of a hardship withdrawal request, the Trustee shall forward the withdrawal document to the Participant for execution
and submission for processing to the Trustee in accordance with the guidelines set forth on Schedule ''N''.
(5) Amending Section 5(b) to remove subsection (iv) "BrokerageLink".
(6) Deleting Section 5(g), in its entirety.
(7) Amending Schedule "B'" by removing the "SelfDirected Brokerage" section, in its entirety.
(8) Amending the "investment options" section of Schedule "C'" by removing the following:
• BrokerageLink
(9) Amending Schedule "G" by removing the “BrokerageLink Option" section, in its entirety.
(10) Deleting Schedules "I” and “J”, in their entireties.
(2)
Deleting Sections 1(d), BrokerageLink; 1(e), BrokerageLink Core Account; 1(o) FAST; and 1(kk), SPO in their entireties.