KEY TECHNOLOGY, INC.
PROFIT SHARING AND 401(k) PLAN
AMENDMENT NO. 1
Pursuant to Section 10.2 of the Key Technology, Inc. Profit Sharing and 401(k) Plan, 2001 Restatement (the
"Plan"), the sponsoring employer hereby amends the Plan as follows:
1. Effective Date of Increase in Amount of Involuntary Cash-out. The effective date of the amendment to Section
5.3.2, on page 1 of the Plan, is amended by replacing the date "January 1, 1997" with "January 1, 1998."
2. Definition of Compensation. The fifth paragraph of Section 1.6 is amended by adding the underlined text, to
read as follows:
"For purposes of the Section 415(c) limits on contributions and benefits, the following items shall be included in
the definition of Compensation: (1) elective deferrals to 401(k) plans; (2) elective contributions to Section 457
nonqualified deferred compensation plans; (3) salary reduction contributions made to a cafeteria plan under
Section 125; and, for Plan Years beginning on or after January 1, 2001, (4) elective amounts that are not
includible in gross income by reason of Code Section 132(f)(4)."
3. Definition of Highly Compensated Employee. Section 1.11(b)(ii) of the Plan is amended to read as follows:
"(ii) if the Employer elects use of the top-paid group through a Plan amendment, was in the top-paid group of
employees for such preceding year."
4. Qualified Military Service. Section 2.2.5 is amended by adding the underlined text, to read as follows:
"Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect
to qualified military service will be provided in accordance with
Section 414(u) of the Code effective as of December 12, 1994."
Amendment No. 1
5. Excess Contributions. Section 3.4.4 of the Plan is amended, beginning with the eighth sentence of the first
paragraph of Section 3.4.4 and continuing to the end of such paragraph, to read as follows:
"A Highly Compensated Employee's "excess co