Aereements. The Employer and Provider, agree to, from time to time in the future, provide each other with the following (upon request): • Information necessary for the resulting contract, or any other contract to which contributions have been made by the Employer, to satisfy Code § 403(b), including information concerning the participant's employment and information that takes into account other Code § 403(b) contracts or qualified employer plans (such as whether a severance from employment has occurred for purposes of the distribution restrictions in Treasury Regulation § I A03(b )-6 and whether the hardship withdrawal rules of Treasury Regulation § 1.403(b)-6(d)(2) are satisfied.) • Information necessary for the resulting contract, or any other contract to which contributions have been made by the Employer, to satisfy other tax requirements (such as whether a plan loan satisfies the conditions in Code § 72(P)(2) so that the loan is not a deemed distribution under Code § 72(P)(I». • Other information necessary to ensure compliance with Code §403(b) and regulations thereunder. The Parties agree that each is obligated to provide only information available on its records and DDLLC does not guarantee the accuracy of any information that is based on certification by a participant or a previous service provider. The Employer acknowledges that DDLLC will not perform calculations (e.g., the maximum loan amount available or the taxable portion of a distribution) unless expressly agreed to in writing. The Parties agree that either party may authorize (in writing) a third party to provide or receive the information described above. The Parties agree that each will provide the other with information required to be shared under this Agreement as soon as reasonably practicable upon request. Any request for information shall contain the plan name identified above and the participant name(s). The Parties agree that each, or their authorized representatives, will maintain as confidential any information provided by the other pursuant to this Agreement, unless otherwise required by law or as needed to provide services to the plan. This Agreement may be amended in writing by the Parties at any time. This Agreement remains in effect until termination by either Party upon 30 days written notice to the other Party. Name of Authorized Representative of Employer Signature of Authorized Representative of Employer Date Chief Legal Officer Title Indicate a name and contact information (phone, ...
Aereements. The Secured Convertible Promissory Note shall have been amended to provide that, upon its conversion and upon the purchase of the Seller Shares hereunder, the Purchaser shall own 50.1% ofthe equity interests of the Company. Closing Date, the Joint Venture Agreement shall be terminated and the Shareholders Agreement shall be in full force and effect. The bylaws of the Company shall have been amended to conform to the terms and conditions ofthe Shareholders Agreement.
Aereements
