NESTLE IN THE USA RETIREE WELFARE BENEFIT TRUST

NESTLE IN THE USA RETIREE WELFARE BENEFIT TRUST (THE TRUST) REFERS TO THE TRUST USED IN CONJUNCTION WITH THE VOLUNTARY EMPLOYEE'S BENEFICIARY ASSOCIATION (VEBA) AS A FUNDING VEHICLE FOR RETIREE HEALTH COVERAGE OR BENEFITS EXCLUSIVELY FOR ELIGIBLE RETIREES (AND THEIR ELIGIBLE DEPENDENTS AND BENEFICIARIES) UNDER ONE OR MORE GROUP BENEFIT PLANS MAINTAINED BY NESTLE USA, INC. (THE COMPANY) AND CERTAIN OF ITS AFFILIATES. THE COMPANY HAS ADOPTED THE TRUST AGREEMENT BETWEEN THE COMPANY AND THE NORTHERN TRUST COMPANY, AN ILLINOIS CORPORATION OF CHICAGO, ILLINOIS (THE TRUSTEE) TO CONSTITUTE SUCH A VEBA TRUST FUNDING VEHICLE FOR SUCH PLANS. THE ADMINISTRATOR MEANS SUCH PERSON(S), CORPORATION, PARTNERSHIP, COMMITTEE, TEAM OR EXECUTIVES AS CONSTITUTED, DESIGNATED, OR APPOINTED BY THE COMPANY FROM TIME TO TIME WHICH HAS THE RESPONSIBILITY FOR ADMINISTERING EACH PLAN AND SHALL BE DEEMED FOR PURPOSES OF ERISA TO BE THE PLAN ADMINISTRATOR AND THE NAMED FIDUCIARY FOR PLAN ADMINISTRATION AND FOR MONITORING AND COLLECTING CONTRIBUTIONS. WITH RESPECT TO THE PLANS FOR WHICH THE VEBA IS ADOPTED BY THE COMPANY AS A FUNDING MEDIUM, THE COMPANY HAS APPOINTED THE TRUSTEE UNDER A TRUST AGREEMENT, AND THE COMPANY DIRECTS THE TRUSTEE TO ADD THE ASSETS TRANSFERRED TO THE TRUSTEE BY THE COMPANY AND/OR AFFILIATE TO THE ASSETS OF THE TRUST FUND AND APPOINTS THE ADMINISTRATOR AS THE FIDUCIARY WHICH HAS THE RESPONSIBILITY FOR ADMINISTERING THE PLAN, INCLUDING IN CONNECTION WITH THIS TRUST AND THE INVESTMENT COMMITTEE AS THE FIDUCIARY WHICH HAS THE RESPONSIBILITY FOR PLAN INVESTMENTS HELD AS PART OF THE TRUST. THE VEBA TRUST CURRENTLY FUNDS ONLY THE NESTLE RETIREE MEDICAL ACCOUNT PLAN, THE PURPOSES OF WHICH IS TO REIMBURSE CERTAIN RETIREES FOR ELIGIBLE MEDICAL EXPENSES THAT ARE NOT OTHERWISE REIMBURSED BY ANOTHER PLAN OR PROGRAM.