Common use of Qualified Status Clause in Contracts

Qualified Status. Except as disclosed in (S) 3(w)(vii) of the Disclosure Schedule, each Company Benefit Plan that is funded through a trust or insurance contract has at all times satisfied in all material respects, by its terms and in its operation, all applicable requirements for an exemption from federal income taxation under (S) 501(a) of the Code. Except as disclosed in (S) 3(w)(vii) of the Disclosure Schedule, neither the Company, nor any Company Subsidiary, nor any Company ERISA Affiliate maintains or previously maintained a Company Benefit Plan which meets or was intended to meet the requirements of (S) 401(a) of the Code (collectively, "Company Qualified Plans"). Each determination letter issued by the IRS to the effect that a Company Qualified Plan qualifies under (S) 401(a) of the Code and that the related trust is exempt from taxation under (S) 501(a) of the Code remains in effect and has not been revoked. Each Company Qualified Plan currently complies in form with the requirements under (S) 401(a) of the Code, other than changes required by statutes, regulations and rulings for which amendments are not yet required. Each Company Qualified Plan has been administered according to its terms (except for those terms which are inconsistent with the changes required by statutes, regulations, and rulings for which changes are not yet required to be made, in which case the Company Qualified Plan has been administered in accordance with the provisions of those statutes, regulations and rulings) and in accordance with the requirements of (S) 401(a) of the Code. Each Company Qualified Plan containing a cash or deferred arrangement under (S) 401(k) of the Code or pursuant to which matching or employee contributions are permissible has been tested for compliance with, and has satisfied the requirements of, (S)(S) 401(k)(3) and 401(m)(2) of the Code for each plan year ending prior to the Closing Date.

Qualified Status. Except as disclosed in (S) 3(w)(vii) of the Disclosure Schedule, each Company Each Supply Tech Benefit Plan that is funded through a trust or insurance contract has at all times satisfied in all material respects, by its terms and in its operation, all applicable requirements for an exemption from federal income taxation under (S) Section 501(a) of the Code. Except for the plans identified as disclosed qualified plans in the Supply Tech Disclosure Letter (Sthe "Qualified Plans") 3(w)(vii) of the Disclosure Schedule, neither the Company, Supply Tech nor any Company Subsidiary, nor any Company Supply Tech ERISA Affiliate maintains or previously maintained a Company Supply Tech Benefit Plan which meets or was intended to meet the requirements of (S) Section 401(a) of the Code (collectivelyCode. Except as would not have a Supply Tech Material Adverse Effect, "Company Qualified Plans"). Each determination any determination, opinion or notification letter issued by the IRS to the effect that a Company the Qualified Plan qualifies Plans qualify under (S) Section 401(a) of the Code and that the related trust is exempt from taxation under (S) Section 501(a) of the Code remains in effect and has not been revoked. Each Company of the Qualified Plan Plans currently complies in form in all material respects with the requirements under (S) Section 401(a) of the Code, other than changes required by statutes, regulations and rulings for which amendments are not yet required. Each Company of the Qualified Plan Plans has been administered according to its terms (except for those terms which are inconsistent with the changes required by statutes, regulations, and rulings for which changes are not yet required to be made, in which case the Company Qualified Plan has Plans have been administered in accordance with the provisions of those statutes, regulations and rulings) and in accordance with the requirements of (S) Section 401(a) of the Code. Each Company The Qualified Plan containing a cash or deferred arrangement under (S) 401(k) of the Code or pursuant to which matching or employee contributions are permissible has Plans have been tested for compliance with, and has in all material respects have satisfied the requirements of, (S)(S) Section 401(k)(3) and 401(m)(2) of the Code Code, if applicable, for each plan year ending prior to within the Closing Datetime periods permitted by law.