Common use of DISCONTINUANCE OF PARTICIPATION Clause in Contracts

DISCONTINUANCE OF PARTICIPATION. Any Participating Employer shall be permitted to discontinue or revoke its participation in the Plan. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the Trustee. The Trustee shall thereafter transfer, deliver and assign Contracts and other Trust Fund assets allocable to the Participants of such Participating Employer to such new Trustee as shall have been designated by such Participating Employer, in the event that it has established a separate pension plan for its Employees provided, however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d) (6) protected benefits" in accordance with Section 8.1(c). If no successor is designated, the Trustee shall retain such assets for the Employees of said Participating Employer pursuant to the provisions of Article VII hereof. In no such event shall any part of the corpus or income of the Trust as it relates to such Participating Employer be used for or diverted to purposes other than for the exclusive benefit of the Employees of such Participating Employer.

Appears in 2 contracts

Samples: Aironet Wireless Communications Inc, Telxon Corp

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DISCONTINUANCE OF PARTICIPATION. Any Participating Employer shall be permitted to discontinue or revoke its participation in the Plan. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the Trustee. The Trustee shall thereafter transfer, deliver and assign Contracts and other Trust Fund assets allocable to the Participants of such Participating Employer to such new Trustee as shall have been designated by such Participating Employer, in the event that it has established a separate pension plan for its Employees provided, however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d) (6411(d)(6) protected benefits" in accordance with Section 8.1(c8.01(c). If no successor is designated, the Trustee shall retain such assets for the Employees of said Participating Employer pursuant to the provisions of Article VII hereof. In no such event shall any part of the corpus or income of the Trust as it relates to such Participating Employer be used for or diverted to for purposes other than for the exclusive benefit of the Employees of such Participating Employer.

Appears in 1 contract

Samples: Fulton Financial (Fulton Financial Corp)

DISCONTINUANCE OF PARTICIPATION. Any The Employer and any Participating Employer shall be permitted to discontinue or revoke its participation in the Plan. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the Trustee. The Trustee shall thereafter transfer, deliver deliver, and assign Contracts and other Trust Fund assets allocable to the Participants of such Participating Employer employer to such new Trustee trustee as shall have been designated by such Participating Employer66 employer, in the event that it has established a separate pension plan Plan for its Employees provided, however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d) (6411(d)(6) protected benefits" in accordance with Section 8.1(c9.1(c). If no successor is designated, the Trustee shall retain such assets for the Employees of said Participating Employer employer pursuant to the provisions of Article VII VIII hereof. In no such event shall any part of the corpus or income of the Trust as it relates to such Participating Employer employer be used for or diverted to for purposes other than for the exclusive benefit of the Employees of such Participating Employer.

Appears in 1 contract

Samples: Uwharrie Capital Corp

DISCONTINUANCE OF PARTICIPATION. Any Participating Employer shall be permitted to discontinue or revoke its participation in the Plan. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the Trustee. The Trustee shall thereafter transfer, deliver and assign Contracts and other Trust Fund assets allocable to the Participants of such Participating Employer to such new Trustee as shall have been designated by such Participating Employer, in the event that it has established a separate pension plan for its Employees providedEmployees, provided however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d) (6411(d)(6) protected benefits" in accordance with Section 8.1(c). If no successor is designated, the Trustee shall retain such assets for the Employees of said Participating Employer pursuant to the provisions of Article VII hereof. In no such event shall any part of the corpus or income of the Trust as it relates to such Participating Employer be used for or diverted to purposes other than for the exclusive benefit of the Employees of such Participating Employer.

Appears in 1 contract

Samples: Ameritrade Holding Corp

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DISCONTINUANCE OF PARTICIPATION. Any Participating Employer shall be permitted to discontinue or revoke its participation in the Plan. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the Trustee. The Trustee shall thereafter transfer, deliver and assign Contracts and other Trust Fund assets allocable to the Participants of such Participating Employer to such new Trustee as shall have been designated by such Participating Employer, in the event that it has established a separate pension plan for its Employees providedEmployees, provided however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d) (6411(d)(6) protected benefits" in accordance with Section 8.1(c9.1(c). If no successor is designated, the Trustee shall retain such assets for the Employees of said Participating Employer pursuant to the provisions of Article VII hereof. In no such event shall any part of the corpus or income of the Trust as it relates to such Participating Employer be used for or diverted to purposes other than for the exclusive benefit of the Employees of such Participating Employer.

Appears in 1 contract

Samples: Allied Employee Stock Ownership Plan and Trust Agreement (Allied Capital Corp)

DISCONTINUANCE OF PARTICIPATION. Any Participating Employer shall ------------------------------- be permitted to discontinue or revoke its participation in the Plan. At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions imposed shall be delivered to the Trustee. The Trustee shall thereafter transfer, deliver and assign Contracts and other Trust Fund assets allocable to the Participants of such Participating Employer to such new Trustee as shall have been designated by such Participating Employer, in the event that it has established a separate pension plan for its Employees provided, however, that no such transfer shall be made if the result is the elimination or reduction of any "Section 411(d) (6) protected benefits" in accordance with Section 8.1(c)Employees. If no successor is designated, the Trustee shall retain such assets for the Employees of said Participating Employer pursuant to the provisions of Article VII VIII hereof. In no such event shall any part of the corpus or income of the Trust as it relates to such Participating Employer be used for or diverted to for purposes other than for the exclusive benefit of the Employees of such Participating Employer.

Appears in 1 contract

Samples: Plan and Trust (Krispy Kreme Doughnuts Inc)

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