Common use of REPRESENTATION OF EMPLOYER Clause in Contracts

REPRESENTATION OF EMPLOYER. The Employer represents that it has consulted its legal and tax advisors with respect to the Plan. The Employer acknowledges that it may not continue participation under the Plan if it fails to attain or maintain tax qualification of the Plan or if it amends the Plan other than by a change in the Adoption Agreement. The Employer agrees that whenever a Participant Contribution is made, the Employer will determine that the Participant has received the appropriate current Investment Company prospectus. The Employer represents that the Participant has received such prospectus by depositing contributions with the Custodian. The Employer acknowledges that if it has ever maintained or later adopts any plan (including after December 31, 1985, a welfare benefit fund, as defined in Code Section 419(e), which provides post-retirement medical benefits allocated to separate accounts for key employees, as defined in Code Section 419A(d)(3) or an individual medical account, as defined in Code Section 415(l)(2)) in addition to this Plan (or the Pension Plan), it may not rely on an opinion letter issued by the National Office of the Internal Revenue Service as evidence that this Plan is qualified under Code Section 401. If the Employer adopts or maintains multiple plans and wishes reliance that the Plan is qualified, application for an individual determination letter should be made to the appropriate District Office of the Internal Revenue Service.

REPRESENTATION OF EMPLOYER. The Employer represents that it has consulted its legal and tax advisors with respect to the Plan. The Employer acknowledges that it may not continue participation under the Plan if it fails to attain or maintain tax qualification of the Plan or if it amends the Plan other than by a change in the Adoption Agreement. The Employer agrees that whenever a Participant Contribution contribution is made, the Employer will determine that the Participant has received the appropriate current Investment Company prospectus. The Employer represents that the Participant has received such prospectus by depositing contributions with the Custodian. The Employer acknowledges that if it has ever maintained or later adopts any plan (including after December 31, 1985, a welfare benefit fund, as defined in Code Section 419(e), which provides post-retirement medical benefits allocated to separate accounts for key employees, as defined in Code Section 419A(d)(3) or an individual medical account, as defined in Code Section 415(l)(2)) in addition to this Plan (or the Pension Profit Sharing Plan), it may not rely on an opinion letter issued by the National Office of the Internal Revenue Service as evidence that this Plan is qualified under Code Section 401. If the Employer adopts or maintains multiple plans and wishes reliance that the Plan is qualified, application for an individual determination letter should be made to the appropriate District Office of the Internal Revenue Service.

REPRESENTATION OF EMPLOYER. The Employer represents that it has consulted its legal and tax advisors with respect to the Plan. The Employer acknowledges that it may not continue participation under the Plan if it fails to attain or maintain tax qualification of the Plan or if it amends the Plan other than by a change in the Adoption Agreement. The Employer agrees that whenever a Participant Contribution contribution is made, the Employer will determine that the Participant has received the appropriate current Investment Company prospectus. The Employer represents that the Participant has received such prospectus by depositing contributions with the Custodian. The Employer acknowledges that if it has ever maintained or later adopts any plan (including after December 31, 1985, a welfare benefit fund, as defined in Code Section 419(e), which provides post-retirement medical benefits allocated to separate accounts for key employees, as defined in Code Section 419A(d)(3) or an individual medical account, as defined in Code Section 415(l)(2415(1)(2)) in addition to this Plan (or the Pension Profit Sharing Plan), it may not rely on an opinion letter issued by the National Office of the Internal Revenue Service as evidence that this Plan is qualified under Code Section 401. If the Employer adopts or maintains multiple plans and wishes reliance that the Plan is qualified, application for an individual determination letter should be made to the appropriate District Office of the Internal Revenue Service.

REPRESENTATION OF EMPLOYER. The Employer represents that it has consulted its legal and tax advisors with respect to the Plan. The Employer acknowledges that it may not continue participation under the Plan if it fails to attain or maintain tax qualification of the Plan or if it amends the Plan other than by a change in the Adoption Agreement. The Employer agrees that whenever a Participant Contribution is made, the Employer will determine that the Participant has received the appropriate current Investment Company prospectus. The Employer represents that the Participant has received such prospectus by depositing contributions with the Custodian. The Employer acknowledges that if it has ever maintained or later adopts any plan (including after December 31, 1985, a welfare benefit fund, as defined in Code Section 419(e), which provides post-retirement medical benefits allocated to separate accounts for key employees, as defined in Code Section 419A(d)(3) or an individual medical account, as defined in Code Section 415(l)(2415(1)(2)) in addition to this Plan (or the Pension Plan), it may not rely on an opinion letter issued by the National Office of the Internal Revenue Service as evidence that this Plan is qualified under Code Section 401. If the Employer adopts or maintains multiple plans and wishes reliance that the Plan is qualified, application for an individual determination letter should be made to the appropriate District Office of the Internal Revenue Service.