Common use of Plan Determinations Clause in Contracts

Plan Determinations. Each Genex Plan intended to qualify under Section 401(a) of the Code has been determined by the Internal Revenue Service to so qualify, and the trusts created thereunder have been determined to be exempt from tax under Section 501(a) of the Code; copies of all determination letters have been delivered to Parent, and nothing has occurred since the date of such determination letters which might cause the loss of such qualification or exemption, or result in the imposition of any excise tax or income tax on unrelated business income under the Code or ERISA with respect to any Genex Plan. With respect to each Genex Plan which is a qualified profit sharing plan, all employer matching contributions accrued for payroll periods ending prior to the Closing under Genex Plan terms and applicable law have been made.

Appears in 2 contracts

Sources: Merger Agreement (Markland Technologies Inc), Merger Agreement (Technest Holdings Inc)