Standard Procedure. With respect to Transferred Employees eligible to receive a Form W-2 and pursuant to the “Standard Procedure” provided in Section 4 of Revenue Procedure 2004‑53, 2004‑2 C.B. 320, (a) Buyer and Seller shall report on a predecessor/successor basis as set forth therein, (b) Seller will not be relieved from filing a Form W‑2 with respect to any Transferred Employees and (c) Buyer will undertake to file (or cause to be filed) a Form W‑2 for each such Transferred Employee with respect to the portion of the year during which such Transferred Employee is employed by Buyer, excluding the portion of such year that such Transferred Employee was employed by Seller.
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Sources: Purchase Agreement (Cree Inc), Purchase Agreement (Cree Inc)
Standard Procedure. With respect to Transferred Employees eligible to receive a Form W-2 and pursuant to the “Standard Procedure” provided in Section 4 of Revenue Procedure 2004‑532004-53, 2004‑2 2004-2 C.B. 320, (a) the Buyer and the Seller shall report report, or cause to be reported, on a predecessor/successor basis as set forth therein, ; (b) the Seller will not be relieved from filing a Form W‑2 W-2 with respect to any Transferred Employees Employees; and (c) the Buyer will undertake to file (or cause to be filed) a Form W‑2 W-2 for each such Transferred Employee with respect to the portion of the year during which such Transferred Employee is employed by the Buyer or an Affiliate of the Buyer, excluding the portion of such year that such Transferred Employee was employed by the Seller.
Appears in 2 contracts
Sources: Asset Purchase Agreement (MACOM Technology Solutions Holdings, Inc.), Asset Purchase Agreement (Wolfspeed, Inc.)
Standard Procedure. With respect to Transferred Employees eligible to receive a Form W-2 and pursuant Pursuant to the “Standard Procedure” provided in Section 4 section 5 of Revenue Procedure 2004‑532004-53, 2004‑2 C.B. 2004-34 I.R.B. 320, (ai) Buyer and Seller shall report on a predecessor/successor basis as set forth therein, (bii) Seller will shall not be relieved from filing a Form W‑2 W-2 with respect to any Transferred Employees Employee employed by Seller prior to the Closing Date (but only with respect to sums earned prior to the Closing Date), and (ciii) Buyer will undertake to file (or cause to be filed) a Form W‑2 W-2 for each such Transferred Employee only with respect to the portion of the year during which such Transferred Employee is employed by BuyerBuyer that includes the Closing Date, excluding the portion of such year that such Transferred Employee was employed by Seller.
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