Exhibit 4.22
AMENDMENT NO. 3
TO
ADOPTION AGREEMENT
#001
RELATING TO
RETIREMENT SAVINGS TRUST AND
PLAN
A PROTOTYPE PLAN SPONSORED
BY
CALFEE, HALTER & GRISWOLD
LLP
NORTH COAST ENERGY, INC.
EMPLOYEES’
PROFIT SHARING TRUST AND
PLAN
Restatement Date: January
1, 2003
WITNESSETH:
WHEREAS, the Company amended and
restated the North Coast Energy, Inc. Employees’ Profit
Sharing Trust and Plan (hereinafter called the “Plan”),
effective January 1, 2003, by completing and executing an Adoption
Agreement (hereinafter called the “Adoption Agreement”)
to the Calfee, Halter & Griswold Regional Prototype Plan;
and
WHEREAS, the Company reserved the
right to amend the Adoption Agreement and the Trust and Plan
pursuant to Section 28.1 thereof; and
WHEREAS, the Company desires to
amend the Plan in order to eliminate the qualified joint and
survivor distribution option, and to make certain other desirable
changes;
NOW, THEREFORE, pursuant to Section
28.1 of the Plan, the Company hereby amends the Plan, effective as
of November 1, 2003, as follows:
1.
Sections (36) and (37) of Adoption Agreement #001 is hereby amended
by the deletion of said Sections and the substitution in lieu
thereof of new Sections (36) and (37) to read as
follows:
“(36)
Forms of Benefit . Distributions upon Termination of
Employment, retirement, Disability and death will be made in
accordance with: (select one)
ý
Article 18 of the Trust and Plan
(Non-Annuity Forms)
o
Article 18A of the Trust and Plan
(Normal Form - Annuity)
o
Article 18A of the Trust and
Plan
