This Agreement shall be binding upon, and inure to the benefit of, the Company, its successors and assigns, and upon any person acquiring, whether by merger, consolidation, purchase of assets or otherwise, all or substantially all of the Company’s assets and business. Subject to the terms of the Plan, any benefits distributable to the Employee under this Agreement that are not distributed at the time of the Employee’s death shall be distributed at the time and in the form determined in accordance with the provisions of this Agreement and the Plan to the beneficiary designated by the Employee in writing filed with the Committee in such form and at such time as the Committee shall require. If the Employee fails to designate a beneficiary prior to his or her death, or if the designated beneficiary of the Employee dies before the Employee dies or before complete distribution of the amounts distributable under this Agreement, the amounts to be distributed under this Agreement shall be distributed to the legal representative or representatives of the estate of the last to die of the Employee and the beneficiary.