Common use of 401(k) Clause in Contracts

401(k). Except with the prior written consent of Parent, during the period from the date of this Agreement to the Effective Time, the Company shall not (i) make any discretionary contribution to the Company’s 401(k) plan, other than employer matching contributions at the rate in effect immediately prior to the date of this Agreement, or (ii) make any required contribution to the Company’s 401(k) plan in Shares. If requested by Parent in writing at least 10 days prior to the scheduled expiration date of the Offer, the Company shall terminate the Company’s 401(k) plan immediately prior to the scheduled expiration date of the Offer.

401(k). Except with the prior written consent of Parent, during the period from the date of this Agreement to the Effective Time, the Company shall not (i) make any discretionary contribution to the Company’s 401(k) plan, other than employer matching contributions at the rate in effect immediately prior to the date of this Agreement, or (ii) make any required contribution to the Company’s 401(k) plan in Shares. If requested by Parent in writing at least 10 days prior to the scheduled expiration date of the OfferEffective Time, the Company shall terminate the Company’s 401(k) plan immediately prior to the scheduled expiration date of the OfferEffective Time.

401(k). Except with the prior written consent of the Parent, during the period from the date of this Agreement Date to the Effective Time, the Company shall not (ia) make any discretionary contribution to the Company’s 401(k) plan, other than employer matching contributions at the rate in effect immediately prior to the date of this AgreementAgreement Date, or (ii) make any required contribution to the Company’s 401(k) plan in Shares. If requested by the Parent in writing at least 10 ten (10) days prior to the scheduled expiration date of the OfferExpiration Date, the Company shall terminate the Company’s 401(k) plan immediately prior to the such scheduled expiration date of the OfferExpiration Date.

401(k). Except with the prior written consent of the Parent, during the period from the date of this Agreement to the Effective Time, the Company shall not (i) make any discretionary contribution to the Company’s 401(k) plan, other than employer matching contributions at the rate in effect immediately prior to the date of this Agreement, or (ii) make any required contribution to the Company’s 401(k) plan in SharesCompany Common Stock. If requested by the Parent in writing at least 10 days prior to the scheduled expiration date of the Offerwriting, the Company shall terminate the Company’s 401(k) plan immediately prior to the scheduled expiration date of the Offer.

401(k). Except with the prior written consent of the Parent, during the period from the date of this Agreement Date to the Effective Time, the Company shall not (ia) make any discretionary contribution to the Company’s 401(k) plan, other than employer matching contributions at the rate in effect immediately prior to the date of this AgreementAgreement Date, or (iib) make any required contribution to the Company’s 401(k) plan in Sharesshares. If requested by the Parent in writing at least 10 ten (10) days prior to the scheduled expiration date of the OfferExpiration Date, the Company shall terminate the Company’s 401(k) plan immediately prior to the such scheduled expiration date of the OfferExpiration Date.

401(k). Except with the prior written consent of the Parent, during the period from the date of this Agreement Date to the Effective Time, the Company shall not (ia) make any discretionary contribution to the Company’s 401(k) plan, other than employer matching contributions at the rate in effect immediately prior to the date of this AgreementAgreement Date, or (iib) make any required contribution to the Company’s 401(k) plan in Shares. If requested by the Parent in writing at least 10 ten (10) days prior to the scheduled expiration date of the OfferExpiration Date, the Company shall terminate the Company’s 401(k) plan immediately prior to the scheduled expiration date of the OfferEffective Time.