Favorable Determination Letters. Each Plan, which is intended to be qualified within the meaning of Section 401(a) of the Code, has received a favorable determination letter from the Internal Revenue Service with respect to all plan document qualification requirements for which the remedial amendment period under Section 401(b) of the Code has closed, any plan document amendments required by such determination letter were made as and when required by such determination letter, and nothing has occurred, whether by action or failure to act, since the date of such letter which would prevent any such plan from remaining so qualified.
Favorable Determination Letters. Each Plan as most recently amended, which is intended to be qualified within the meaning of Section 401 of the Code (other than the ESOP, as to which SPC shall apply for a favorable determination letter), is the subject of a favorable determination by the Internal Revenue Service with respect to its qualification under Section 401 of the Code.
Favorable Determination Letters. Except as described in Schedule 4.19, each Plan as most recently amended, which is intended to be qualified within the meaning of Section 401 of the Code, is the subject of a favorable determination by the Internal Revenue Service with respect to its qualification under Section 401 of the Code.
Favorable Determination Letters. Each Plan as most recently amended, which is intended to be qualified within the meaning of Section 401 of the Code, is, and since its establishment has been, the subject of a favorable determination by the Internal Revenue Service with respect to its qualification under Section 401(a) of the Code, or if an amendment is not subject to a favorable determination letter, then it has been or will be submitted for a favorable determination letter within the applicable remedial amendment period.
Favorable Determination Letters. Each Plan, which is intended to be qualified within the meaning of Section 401(a) of the Code, (i) is entitled to rely on a favorable opinion letter issued by the IRS, or (ii) if permitted under rules adopted by the IRS, has received a favorable determination letter from the IRS with respect to all plan document qualification requirements for which the remedial amendment period under Section 401(b) of the Code has closed and any plan document amendments required by such determination letter were made as and when required by such determination letter, and nothing has occurred, whether by action or failure to act, since the date of such letter (whether a favorable opinion or determination letter) which would reasonably be expected to prevent any such plan from remaining so qualified.
Favorable Determination Letters. Each Plan as most recently amended (except for any amendment (i) to comply with the Code's minimum distribution rules which uses the Internal Revenue Service's model amendment for such rules that was provided by Revenue Procedure 2002-29 or (ii) to comply in good faith with the Economic Growth and Tax Relief Reconciliation Act of 2001), which is intended to be qualified within the meaning of Section 401 of the Code, is the subject of a current favorable determination by the Internal Revenue Service with respect to its qualification under Section 401 of the Code. SPC has received a current favorable determination letter issued by the Internal Revenue Service stating that the ESOP, as amended up to the date of this Agreement (except for any amendment (i) to comply with the Code's minimum distribution rules which uses the Internal Revenue Service's model amendment for such rules that was provided by Revenue Procedure 2002-29 or (ii) to comply in good faith with the Economic Growth and Tax Relief Reconciliation Act of 2001), is qualified for favorable tax treatment under Section 401 and as applicable, Section 409 of the Code.
Favorable Determination Letters. 59 5.19.3 Compliance........................................................................59 5.19.4 Absence of Certain Conditions.....................................................59 5.19.5 Absence of Certain Liabilities....................................................60 5.20 Accuracy and Completeness of Disclosure.......................................................60 5.21 Adequacy of Capital; Solvency.................................................................60 5.22 Absence of Restrictive Provisions.............................................................61
