Claims Arising Prior to Distribution Date. On or after the Distribution Date, but subject to the obligations of members of the WhiteWave Group pursuant to Section 2.2, Xxxx Foods or the Xxxx Foods Welfare Plans shall remain responsible for all Liabilities in respect of or relating to WhiteWave Employees or Former WhiteWave Employees relating to claims or expenses incurred on or prior to the Distribution Date. For purposes of the foregoing sentence, to the extent that an eligible beneficiary under any such Xxxx Foods Welfare Plan commences a hospital confinement on or prior to the Distribution Date that continues after the Distribution Date, all expenses related to such hospitalization (including any related services that are incurred during the period of the same continuous hospital confinement) shall be considered part of the claim incurred on or prior to the Distribution Date. All other claims shall be deemed incurred on the date the actual expense is incurred.
Appears in 4 contracts
Samples: Employee Matters Agreement (Dean Foods Co), Employee Matters Agreement (WHITEWAVE FOODS Co), Employee Matters Agreement (WHITEWAVE FOODS Co)
