Length of Service Crediting. Except to the extent otherwise required by applicable Law or Order or an Acquired Company Labor Agreement, Buyer shall, or shall cause the applicable Acquired Company to, recognize all service before the Closing Date (or, as applicable, a Delayed Employment Employee’s later Delayed Employment Date) of any Business Employee with any Seller Business Group and with any predecessor employer for purposes of eligibility to participate, vesting and benefit accrual under any Buyer Benefit Plans in which the Business Employee is, or in which the Business Employee becomes, eligible to participate on or after the Closing Date; provided that, notwithstanding the foregoing, except to the extent otherwise required by applicable Law or Order or an Acquired Company Labor Agreement, Buyer, the Company and each Acquired Company shall not be required to recognize such service (w) under Buyer Benefit Plans in which such Business Employee did not participate prior to the Closing Date that are frozen or for which participation is limited to a grandfathered population that does not include the applicable Business Employee, (x) for purposes of any defined benefit pension accrual under any benefit plan of Buyer and its Affiliates (other than the Acquired Companies), (y) for purposes of any subsidy provided for any post-employment welfare benefits under any benefit plan of Buyer or its Affiliates that is frozen to new participants or (z) to the extent doing so would result in the duplication of benefits.
Length of Service Crediting. Except to the extent otherwise required by any applicable Legal Requirement, RMT Partner shall, or shall cause the applicable member of the RMT Partner Group to, take commercially reasonable actions to recognize all service before the Effective Time of any Spinco Transferred Employee with any member of the Remainco Group or Spinco Group and with any predecessor employer (to the extent such predecessor employer service was taken into account under an applicable Remainco Benefit Arrangement or Spinco Benefit Arrangement and indicated on the final Spinco Employee Schedule as the Spinco Transferred Employee’s period of service) for all purposes (other than for purposes of benefit accruals under any defined benefit pension plan other than the Spinco Pension Plan). Notwithstanding the foregoing, except to the extent otherwise required by any applicable Legal Requirement, neither RMT Partner nor any member of the RMT Partner Group shall be required to recognize such service to the extent doing so would result in the duplication of benefits.
Length of Service Crediting. Except to the extent otherwise required by applicable Law, Merger Partner shall, or shall cause the applicable member of the Merger Partner Group (or a Spinco EOR), to recognize all service before the Merger Effective Time of
Length of Service Crediting. 8 2.7 Replacement of Remainco Benefit Arrangement or Spinco Benefit Arrangement with Merger Partner Benefit Arrangement ...................................... 9 2.8 Paid Time Off ...................................................................................................... 10 ARTICLE III
Length of Service Crediting. Except to the extent otherwise required by applicable Law or a Spinco Labor Agreement, or as otherwise provided in this Agreement, Spinco shall, or shall cause the applicable member of the Spinco Group to, recognize all service before the Spinco Distribution Date (or, as applicable, a Delayed Employment Employee’s later Delayed Employment Date or an STD/LTD Employee’s later Return from STD/LTD Date) of any Spinco Employee with any member of the Remainco Group or Spinco Group and with any predecessor employer (to the extent such predecessor employer service was taken into account under an applicable Remainco Benefit Plan and indicated on the applicable census provided to the Spinco Group pursuant to Section 1.01 hereof as the Spinco Employee’s period of service) for purposes of eligibility to participate and vesting and, solely, with respect to severance, vacation plans and, defined benefit pension plans to be Assumed (in whole or part) by Spinco pursuant to Section 1.06(a) or Section 1.06(c)(i), benefit accrual under any Spinco Benefit Plans or Spinco Future Benefit Plans in which the Spinco Employee is, or in which the Spinco Employee becomes, eligible to participate on or after the Spinco Distribution Date (provided that vacation attributable to imputed or pre-employment service may be credited as other paid time off); provided, that, notwithstanding the foregoing, except to the extent otherwise required by applicable Law or a Spinco Labor Agreement, RMT Partner, Spinco and each member of the Spinco Group shall not be required to recognize such service (w) for purposes of benefit accruals under any Spinco Benefit Plans or Spinco Future Benefit Plans to the extent that they are defined benefit pension plans other than those defined benefit pension plans to be Assumed (in whole or part) by Spinco pursuant to Section 1.06(a) or Section 1.06(c)(i), (x) for purposes of RMT Partner benefit plans that are frozen or for which participation is limited to, as of immediately prior to the Closing, a grandfathered population, (y) in respect of other post-employment benefit plans, exclusive of severance, whose Liabilities are not Assumed by a member of the Spinco Group, or (z) to the extent doing so would result in the duplication of benefits, including, for the avoidance of doubt, any period of service before the Spinco Distribution Date that was taken into account in determining any such benefit previously paid or provided by Remainco, Spinco, or any member of their...
Length of Service Crediting
