PROVIDED, HOWEVER, THAT TO THE EXTENT
REQUIRED BY LAW THE PLAN SHALL REINSTATE AND PAY TO SUCH PERSON OR PERSONS THE
AMOUNT SO FORFEITED UPON A CLAIM FOR SUCH AMOUNT MADE BY SUCH PERSON OR
PERSONS.
THE AMOUNT TO BE SO REINSTATED SHALL BE OBTAINED FROM THE TOTAL AMOUNT
THAT SHALL HAVE BEEN FORFEITED PURSUANT TO THIS SECTION AND
SECTION 8.1(C) DURING THE PLAN YEAR IN WHICH THE CLAIM FOR SUCH FORFEITED
BENEFIT IS MADE, AND SHALL NOT INCLUDE ANY EARNINGS OR LOSSES FROM THE DATE OF
THE FORFEITURE UNDER THIS SECTION.
IF THE AMOUNT TO BE REINSTATED EXCEEDS THE
AMOUNT OF SUCH FORFEITURES, AN EMPLOYER SHALL MAKE A CONTRIBUTION IN AN AMOUNT
EQUAL TO SUCH EMPLOYER'S PRO-RATA SHARE OF SUCH EXCESS.
AN EMPLOYER'S PRO RATA
SHARE SHALL BE DETERMINED BY MULTIPLYING THE AMOUNT OF SUCH FORFEITURES BY A
FRACTION, THE NUMERATOR OF WHICH IS EQUAL TO THE NUMBER OF ASSOCIATES EMPLOYED
BY SUCH EMPLOYER WHO MADE A CLAIM FOR SUCH FORFEITED BENEFITS AND THE
DENOMINATOR OF WHICH IS THE NUMBER OF ALL ASSOCIATES WHO MADE A CLAIM FOR SUCH
FORFEITED BENEFITS.
TO THE EXTENT THE FORFEITURES UNDER THIS SECTION EXCEED ANY
CLAIMS FOR FORFEITED BENEFITS MADE PURSUANT TO THIS SECTION, SUCH EXCESS SHALL
BE APPLIED IN ACCORDANCE WITH SECTION 7.8.
SECTION 8.6.
DISTRIBUTIONS TO MINOR AND DISABLED DISTRIBUTEES.
ANY
DISTRIBUTION THAT IS PAYABLE TO A DISTRIBUTEE WHO IS A MINOR OR TO A DISTRIBUTEE
WHO HAS BEEN LEGALLY DETERMINED TO BE UNABLE TO MANAGE HIS OR HER AFFAIRS BY
REASON OF ILLNESS OR MENTAL INCOMPETENCY MAY BE MADE TO, OR FOR THE BENEFIT OF,
ANY SUCH DISTRIBUTEE AT SUCH TIME CONSISTENT WITH THE PROVISIONS OF THIS PLAN
AND IN SUCH OF THE FOLLOWING WAYS AS THE LEGAL REPRESENTATIVE OF SUCH
DISTRIBUTEE SHALL DIRECT:
(A) DIRECTLY TO ANY SUCH MINOR DISTRIBUTEE IF, IN THE
OPINION OF SUCH LEGAL REPRESENTATIVE, SUCH MINOR IS ABLE TO MANAGE HIS OR HER
AFFAIRS, (B) TO SUCH LEGAL REPRESENTATIVE, (C) TO A CUSTODIAN UNDER A UNIFORM
GIFTS TO MINORS ACT FOR ANY SUCH MINOR DISTRIBUTEE, OR (D) AS OTHERWISE DIRECTED
BY SUCH LEGAL REPRESENTATIVE.
NEITHER THE ADMINISTRATOR NOR THE TRUSTEE SHALL
BE REQUIRED TO
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OVERSEE THE APPLICATION BY ANY THIRD PARTY OTHER THAN THE LEGAL REPRESENTATIVE
OF A DISTRIBUTEE OF ANY DISTRIBUTION MADE TO OR FOR THE BENEFIT OF SUCH
DISTRIBUTEE PURSUANT TO THIS SECTION.
ARTICLE 9
ESOP LOANS
The Administrator may direct the Trustee to incur a loan on behalf of the Trust
in a manner and under conditions which will cause the loan to be an "exempt
loan" within the meaning of section 4975(d)(2) of the Code and Treasury
regulations promulgated thereunder.
A loan shall be used primarily for the
benefit of Participants and their Beneficiaries.
The proceeds of such loan
shall be used, within a reasonable time after the loan is obtained, only to
purchase NBTY Stock, to repay the loan or to repay any prior loan.
Any such
loan shall provide for a reasonable rate of interest, an ascertainable