Preexisting Conditions, Exclusions and Waiting Periods; Deductibles. Subject to Applicable Law and applicable collective bargaining agreements, the Company and its subsidiaries shall (i) waive all limitations as to preexisting conditions, exclusions and waiting periods with respect to participation and coverage requirements applicable to employees of CEI or NU under any welfare plans, funds or programs (within the meaning of Section 3(1) of ERISA) currently maintained by the Company, or established to replace any CEI or NU welfare plans, funds or programs, in which such CEI or NU employees may be eligible to participate after the Closing Date, other than limitations or waiting periods that are already in effect with respect to such employees and that have not been satisfied as of the Closing Date and (ii) provide each CEI and NU employee with credit for any co-payments and deductibles paid by such employee prior to the Closing Date for purposes of satisfying any applicable deductible or out-of-pocket requirements under any of the welfare plans, funds or programs that such employees are eligible to participate in after the Closing Date.
Preexisting Conditions, Exclusions and Waiting Periods; Deductibles. The Company, Buyer and their respective Subsidiaries and other affiliates shall (a) waive all limitations as to preexisting conditions, exclusions and waiting periods with respect to participation and coverage requirements applicable to Employees under any Buyer Employee Benefit Plans that are welfare plans, funds or programs (within the meaning of Section 3(1) of ERISA) which replace any of the Company Employee Benefit Plans that are welfare plans, funds or programs in which such Employees participate, other than limitations or waiting periods that are already in effect with respect to such Employees and that have not been satisfied as of the Closing Date and (b) provide each Employee with credit for any co-payments and deductibles paid by such Employee prior to the Closing Date for purposes of satisfying any applicable deductible or out-of-pocket requirements under any welfare plans, funds or programs in which Employees are eligible to participate after the Closing Date.
Preexisting Conditions, Exclusions and Waiting Periods; Deductibles. Buyer and its Affiliates (including the Transferred Companies) shall use commercially reasonable efforts to: (i) waive or cause to be waived all limitations as to preexisting conditions, exclusions and waiting periods or required physical examinations with respect to participation and coverage requirements applicable to Transferred Employees and their eligible dependents under any health, medical, disability and life insurance plans of Buyer or its Affiliates (including the Transferred Companies), other than limitations or waiting periods that are already in effect with respect to such Transferred Employees and that have not been satisfied as of the applicable hire dates; (ii) waive or cause to be waived all limitations as to preexisting conditions, exclusions and waiting periods with respect to participation and coverage requirements applicable to Transferred Employees and their eligible dependents under any other Buyer Benefit Plans for which such Transferred Employee shall become eligible pursuant to this Section 5.11; and (iii) provide each Transferred Employee who commences employment with Buyer on or after January 1, 2022 with credit for any co-payments and deductibles paid by such Transferred Employee and his or her respective dependents prior to the applicable hire date and in the same plan year as that in which the applicable hire date occurs for purposes of satisfying any applicable deductible or out-of-pocket requirements under the analogous Buyer Benefit Plan for its plan year in which the hire date occurs.
Preexisting Conditions, Exclusions and Waiting Periods; Deductibles. Buyer and its Affiliates (including, after the Closing Date, the Acquired Companies) shall use commercially reasonable efforts to: (a) waive or cause to be waived all limitations as to preexisting conditions, exclusions and waiting periods or required physical examinations with respect to participation and coverage requirements applicable to Company Employees and their eligible dependents under any Buyer Benefit Plans; and (b) provide each Company Employee with credit for any co-payments and deductibles paid by such Company Employee and his or her respective dependents prior to the date of commencement of participation in Buyer Benefit Plan and in the same plan year as that in which such commencement of participation occurs for purposes of satisfying any applicable deductible or out-of-pocket requirements under the analogous Buyer Benefit Plan for the reminder of the plan year of the analogous Buyer Benefit Plan.
Preexisting Conditions, Exclusions and Waiting Periods; Deductibles. The Company, the Buyer and their respective affiliates shall (i) waive all limitations as to preexisting conditions exclusions and waiting periods with respect to participation and coverage requirements applicable to employees of the Company retained by Buyer under any of the Buyer Employee Benefit Plans that are employee welfare benefit plans (within the meaning of Section 3(1) of ERISA) in which such employees may be eligible to participate after the Closing, other than exclusions or waiting periods that are already in effect with respect to such employees and that have not been satisfied as of the Closing and (ii) provide each of the employees with credit for any co-payments and deductibles paid by such employees prior to the Closing for purposes of satisfying any applicable deductible or out-of-pocket requirements under any such welfare plans that such employee is eligible to participate in after the Closing, but only if and to the extent that such information regarding credited co-payments and deductibles is timely provided to the Buyer.
Preexisting Conditions, Exclusions and Waiting Periods; Deductibles. The Company, Buyer and their respective Subsidiaries and other Affiliates shall (a) waive all limitations as to preexisting conditions, exclusions and waiting periods with respect to participation and coverage requirements applicable to Transferred Employees under any Buyer employee benefit plans in which Transferred Employees are eligible to participate after the First Closing Date other than limitations or waiting periods that are already in effect with respect to such Transferred Employees and that have not been satisfied as of the First Closing Date, or with respect to FFSB, the FFSB Closing Date, and (b) provide each Transferred Employee with credit for any co-payments and deductibles paid by such Transferred Employee prior to the First Closing Date, or with respect to FFSB, the FFSB Closing Date, for purposes of satisfying any applicable deductible or out-of-pocket requirements under any welfare plans, funds or programs in which Transferred Employees are eligible to participate after the First Closing Date, or with respect to FFSB, the FFSB Closing Date.
Preexisting Conditions, Exclusions and Waiting Periods; Deductibles. Buyer and its Affiliates (including the Companies) shall use commercially reasonable efforts to, waive or cause to be waived all limitations as to preexisting conditions, exclusions and waiting periods with respect to participation and coverage requirements applicable to Transferred Employees and their eligible dependents under Buyer Benefit Plans that are health benefit plans, other than limitations or waiting periods that are already in effect with respect to such Transferred Employees or that have not been satisfied as of the applicable hire dates.
Preexisting Conditions, Exclusions and Waiting Periods; Deductibles. Buyer or an Affiliate of Buyer shall: (i) waive or cause to be waived all limitations as to preexisting conditions, exclusions and waiting periods or required physical examinations with respect to participation and coverage requirements applicable to the Continuing Employees and their eligible dependents under any Buyer Benefit Plans, other than limitations or waiting periods that are already in effect with respect to such Continuing Employees and that have not been satisfied as of the Closing Date; and (ii) provide each Continuing Employee with credit for any co-payments and deductibles paid by such Continuing Employee and his or her respective dependents prior to the Closing Date and in the same plan year as that in which the Closing Date occurs for purposes of satisfying any applicable deductible or out-of-pocket requirements under the analogous Buyer Benefit Plan for its plan year in which the Closing Date occurs; provided, in each case, that the foregoing shall not apply to the extent it would result in any duplication of benefits for the same period of service.
