FOURTH AMENDMENT
TO THE
J&J SNACK FOODS CORP.
401(k) PROFIT SHARING PLAN
THIS FOURTH AMENDMENT to the J&J Snack Foods Corp. 401(k)
Profit Sharing Plan ("Plan"), which Plan was amended and
restated effective January 1, 1989, amends and modifies the
Plan pursuant to the right to amend reserved in Section 7.1 of
the Plan, as follows:
A.
Section 1.14 is hereby deleted in its entirety
and the following inserted in lieu thereof:
1.14 "Employee" means any person who
is employed by the Employer or
Affiliated Employer, but excludes the
following:
(a)
any person who is an independent
contractor, and
(b)
any person whose employment becomes
the subject matter of a collective
bargaining agreement between
employee representatives and the
Employer or Affiliated Employer
unless, through good faith
bargaining, such employees are
included as Employees.
Employee shall include Leased Employees
within the meaning of Code Sections
414(n)(2) and 414(o)(2) unless such
Leased Employees are covered by a Plan
described in Code Section 414(n)(5) and
such Leased Employees do not constitute
more than 20% of the recipient's non-
highly compensated workforce.
B.
The second sentence of the second paragraph of
Section 6.4(a) is hereby deleted in its entirety
and the following inserted in lieu thereof:
. . . However, at the election of
the Terminated Participant, the
Administrator shall direct the
Trustee to cause the entire vested
portion of the Terminated
Participant's Combined Account to be
payable to such Terminated
Participant as soon as
administratively feasible after the
month in which the Participant
terminates employment with the
Employer or Affiliated Employer.
C.
The effective date of the provisions of this
Fourth Amendment to the Plan shall be January 1,
1997.
D.
Except as specifically amended above, the Plan
shall remain unchanged and, as amended herein,
shall continue in full force and effect.
WITNESS the signature of the undersigned who is an
authorized officer of J&J Snack Foods Corporation as of this
31st day of December, 1997.
J&J SNACK FOODS CORPORATION
By /S/Dennis G. Moore
Title Senior Vice President
FIFTH AMENDMENT
TO THE
J & J SNACK FOODS CORPORATION
401(k) PROFIT SHARING PLAN
THIS FIFTH AMENDMENT to the J & J Snack Foods Corporation
401(k) Profit Sharing Plan ("Plan"), which Plan was amended
and restated effective January 1, 1989, amends and modifies
the Plan pursuant to the right to amend reserved in Section
7.1 of the Plan, as follows:
A.
The last sentence of section 1.62 is hereby deleted in its
entirety and the following is inserted in lieu thereof:
All Years of Service with an Affiliated
Employer, including service prior to the
time the company became an Affiliated
Employer, shall be recognized for
eligibility and, unless determined
otherwise from time to time by the Board
of Directors of the company, for vesting.
B.
Article III is hereby amended by adding the following to the end
thereof:
3.9 ELIGIBILITY OF REHIRED EMPLOYEE
An Employee who is rehired by the Employer
shall be eligible to begin participating in the
Plan as of his date of rehire, provided he had
met the eligibility rules outlined in Section
3.1, above, prior to his original termination of
employment with the Employer. All other rehired
Employees shall become eligible to begin
participating in the Plan as outlined in Section
3.1, above.
C.
The effective date of the provisions of this Fifth Amendment to
the Plan shall be January 1, 1998.
D.
Except as specifically amended above, the Plan shall remain
unchanged and, as amended herein shall continue in full force and
effect.
WITNESS the signature of the undersigned who is an authorized officer of
J & J Snack Foods Corporation as of this 14th day of July, 1998.
J & J SNACK FOODS CORPORATION
By /S/Dennis G. Moore
Title Senior Vice President