Common use of No Expansion of Participation Clause in Contracts

No Expansion of Participation. Unless otherwise expressly provided in this Agreement, determined or agreed to by Parent and Spinco, required by applicable Law, or explicitly set forth in a Spinco Benefit Plan, a Spinco Group Employee or a Former Spinco Group Employee shall be entitled to participate in the Spinco Benefit Plans at the Operational Separation Date only to the extent that such Spinco Group Employee or a Former Spinco Group Employee was entitled to participate in the corresponding Parent Benefit Plan as in effect immediately prior to the Operational Separation Date (to the extent that such Spinco Group Employee or a Former Spinco Group Employee does not participate in the respective Spinco Benefit Plan immediately prior to the Operational Separation Date), it being understood that this Agreement does not expand (i) the number of Spinco Group Employees or Former Spinco Group Employees entitled to participate in any Spinco Benefit Plan, or (ii) the participation rights of Spinco Group Employees or Former Spinco Group Employees in any Spinco Benefit Plans beyond the rights of such Spinco Group Employees or Former Spinco Group Employees under the corresponding Parent Benefit Plans, in each case, after the Operational Separation Date.

No Expansion of Participation. Unless otherwise expressly provided in this Agreement, determined or agreed to by Parent and SpincoUpstreamCo, required by applicable Law, or explicitly set forth in a Spinco an UpstreamCo Benefit Plan, a Spinco an UpstreamCo Group Employee or a Former Spinco UpstreamCo Group Employee shall be entitled to participate in the Spinco UpstreamCo Benefit Plans at the Operational Separation Date only to the extent that such Spinco UpstreamCo Group Employee or a Former Spinco UpstreamCo Group Employee was entitled to participate in the corresponding Parent Benefit Plan as in effect immediately prior to the Operational Separation Date (to the extent that such Spinco UpstreamCo Group Employee or a Former Spinco UpstreamCo Group Employee does not participate in the respective Spinco UpstreamCo Benefit Plan immediately prior to the Operational Separation Date), it being understood that this Agreement does not expand (i) the number of Spinco UpstreamCo Group Employees or Former Spinco UpstreamCo Group Employees entitled to participate in any Spinco UpstreamCo Benefit Plan, or (ii) the participation rights of Spinco UpstreamCo Group Employees or Former Spinco UpstreamCo Group Employees in any Spinco UpstreamCo Benefit Plans beyond the rights of such Spinco UpstreamCo Group Employees or Former Spinco UpstreamCo Group Employees under the corresponding Parent Benefit Plans, in each case, after the Operational Separation Date.