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AMENDMENT NO. 3 TO RETIREMENT SAVINGS TRUST AND PLAN A PROTOTYPE PLAN SPONSORED BY CALFEE, HALTER & GRISWOLD LLP

Employee Benefits Plan Agreement

AMENDMENT NO. 3

TO

RETIREMENT SAVINGS TRUST AND PLAN

A PROTOTYPE PLAN SPONSORED BY

CALFEE, HALTER & GRISWOLD LLP
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EXCO RESOURCES INC | CALFEE, HALTER & GRISWOLD LLP

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Title: AMENDMENT NO. 3 TO RETIREMENT SAVINGS TRUST AND PLAN A PROTOTYPE PLAN SPONSORED BY CALFEE, HALTER & GRISWOLD LLP
Date: 4/24/2006
Industry: OILPRD     Law Firm: Calfee Halter     Sector: ENERGY

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Exhibit 4.29

 

AMENDMENT NO. 3

TO

RETIREMENT SAVINGS TRUST AND PLAN

A PROTOTYPE PLAN SPONSORED BY

CALFEE, HALTER & GRISWOLD LLP

 

This Amendment No. 3 is executed as of the date set forth below by Calfee, Halter & Griswold LLP (hereinafter called the “Sponsor”);

 

WITNESSETH :

 

WHEREAS, the Sponsor previously adopted a Retirement Savings Trust and Plan in the form of a Prototype Plan (hereinafter called the “Trust and Plan”), which was most recently approved by the Internal Revenue Service on February 26, 2002; and

 

WHEREAS, the Sponsor previously adopted Amendment No. 1 to the Trust and Plan and its related Adoption Agreements to conform said documents with certain changes to the plan qualification requirements under Section 401(a) of the Internal Revenue Code which were made by the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”), as further amended by the Job Creation and Worker Assistance Act of 2002; and

 

WHEREAS, the Sponsor previously adopted Amendment No. 2 to the Trust and Plan and its related Adoption Agreements to conform said documents with certain changes in the minimum distribution requirements under Code Section 40l(a)(9); and

 

WHEREAS, the Sponsor now desires to amend the Trust and Plan and the Adoption Agreements in order to further conform said documents with additional changes now required or permitted by EGTRRA;

 

NOW, THEREFORE, pursuant to Section 28.1 of the Trust and Plan, the Sponsor hereby amends the Trust and Plan and the related Adoption Agreements (which are attached hereto and made a part hereof in the form of Exhibits A-3 and B-3), as follows:

 



 

PART I - AMENDMENTS TO THE TRUST AND PLAN

 

1.             Section 18.4 of Article 18 of the Trust and Plan is hereby amended, effective as of March 28, 2005, by the deletion of said Section 18.4 and the substitution in lieu thereof of a new Section 18.4 to read as follows:

 

“18.4       Involuntary Payment of Small Amounts .

 

Notwithstanding any contrary provision of this Trust and Plan, to the extent an involuntary cash-out amount is elected in the Adoption Agreement, in the event that the Vested Interest and Personal Accounts of a retired, terminated or deceased Part


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