Exhibit 4.13


 


FOURTH AMENDMENT TO THE
FIRST RESTATEMENT


OF THE MERIT MEDICAL
SYSTEMS, INC.


401(k) PROFIT SHARING PLAN
AND TRUST


 


WHEREAS, Merit Medical Systems, Inc.
(the “Principal Employer”) maintains the Merit Medical Systems, Inc.
401(k) Profit Sharing Plan and Trust (the “Plan”) for the benefit of its
employees and the employees of its participating affiliates, which Plan was
initially adopted effective January 1991; restated in 2001 pursuant to the
First Restatement of the Merit Medical Systems, Inc. 401(k) Profit Sharing
Plan and Trust; amended April 16, 2002 pursuant to the First Amendment to
the First Restatement of the Plan; amended July 26, 2002 pursuant to the
Second Amendment to the First Restatement of the Plan; and amended December 18,
2002 pursuant to the Third Amendment to the First Restatement of the Plan; and


 


WHEREAS, the Plan has heretofore required
that the portion of each participant’s Non-Qualified Matching Contribution
Account attributable to employer contributions made prior to June 2002 be
invested in shares of Principal Employer stock (“Restricted Shares”); and


 


WHEREAS, the Principal Employer desires to
further amend the Plan document to allow self-directing Plan participants to
diversify over time the investment of their Non-Qualified Matching Contribution
Account balances into other investments offered under the Plan.


 


NOW, THEREFORE, the Principal Employer hereby
amends the Plan as follows:


 


1.                                       Article X B2(a) of the Plan is
amended to add the following sentences at the end thereof:


 


“Any provision in the Plan to the contrary
notwithstanding, with respect to any shares of Employer Stock that were held in
Non-Qualified Matching Contribution Accounts as of May 31, 2002, plus any
additional shares of Employer Stock received as a stock dividend or as a stock
split with respect to such May 31, 2002 shares (collectively “Restricted
Shares”):  (i) effective on and
after May 5, 2003, a Participant may direct the Plan Administrator and
Trustee to liquidate, and reinvest as a self-directed investment under Article XI
A of the Plan the proceeds from the sale of, fifty percent (50%) of the number
of Restricted Shares allocated to his Non-Qualified Matching Contribution
Account as of May 5, 2003; and (ii) effective on and after January 1,
2004, a Participant may direct the Plan Administrator and Trustee to liquidate,
and reinvest as a self-directed investment under Article XI A of the Plan
the proceeds from the sale of, any or all remaining Restricted Shares held in
his Non-Qualified Matching Contribution Account.  As a the result, on and after January 1,
2004, no portion of a Participant’s Accounts will be required to be invested in
Employer Stock unless the Participant elects to self-direct the investment of
all or a portion of his Accounts into Employer Stock.”


 


2.                                       Except as modified above, the First
Restatement of the Plan is hereby ratified and continued in accordance with its
original terms.


 


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IN WITNESS WHEREOF, the Principal Employer
has caused this Fourth Amendment to be executed by its duly authorized officer
this 5th day of May, 2003.


 


	
   

  	
  MERIT MEDICAL SYSTEMS, INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
       /S/

  	
   

  
	
   

  	
  Its:

  	
   

  	
   

  
	
   

  	
  Name:

  	
   

  	
   

  
						



 


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