Common use of 401(k) Clause in Contracts

401(k). Except with the prior written consent of the Parent, during the period from the Agreement Date to the Effective Time, the Company shall not (a) 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 Agreement 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 ten (10) days prior to the scheduled Expiration Date, the Company shall terminate the Company’s 401(k) plan immediately prior to such scheduled Expiration 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 (ai) 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 Agreement Datedate of this Agreement, or (ii) make any required contribution to the Company’s 401(k) plan in Shares. If requested by the Parent in writing at least ten (10) 10 days prior to the scheduled Expiration Dateexpiration date of the Offer, the Company shall terminate the Company’s 401(k) plan immediately prior to such the scheduled Expiration Dateexpiration date of the Offer.

401(k). Except with the prior written consent of the Parent, during the period from the Agreement Date to the Effective Time, the Company shall not (a) 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 Agreement 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 ten (10) days prior to the scheduled Expiration Date, the Company shall terminate the Company’s 401(k) plan immediately prior to such scheduled Expiration Date.