Common use of Termination of 401(k) Plans Clause in Contracts

Termination of 401(k) Plans. Prior to the Effective Time, at the written request of Parent received by the Company at least 10 Business Days before the Effective Time, the Company shall terminate all of its 401(k) plans effective as of the day before the Closing, pursuant to resolutions substantially similar to those attached hereto as Exhibit B.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Hewlett Packard Co), Agreement and Plan of Merger (Palm Inc)

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Termination of 401(k) Plans. Prior Company agrees to the Effective Time, at the written request of Parent received by the Company at least 10 Business Days before the Effective Time, the Company shall terminate all of its 401(k) plan, if applicable, prior to Closing. Company’s Board of Directors shall have adopted resolutions to terminate all 401(k) plans (the form and substance of which resolutions shall be subject to review and approval of Parent), effective as of no later than the day before tenth Business Day preceding the Closing, pursuant to resolutions substantially similar to those attached hereto as Exhibit B.Closing Date.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mindspeed Technologies, Inc)

Termination of 401(k) Plans. Prior Upon receipt of written request by Buyer at least ten (10) Business Days prior to the Effective Time, at the written request of Parent received by the Company at least 10 Business Days before the Effective TimeClosing Date, the Company and its Affiliates shall take all actions reasonably necessary or appropriate to terminate all of its Code Section 401(k) plans arrangements sponsored by them by proper Board action effective as of no later than the day before the Closing, pursuant to resolutions substantially similar to those attached hereto as Exhibit B.Closing Date.

Appears in 1 contract

Samples: Agreement and Plan of Merger (VERRA MOBILITY Corp)

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Termination of 401(k) Plans. Prior to the Effective TimeClosing, at the written request Company shall terminate, or cause to be terminated, each of its Company Plans intended to include a Code Section 401(k) arrangement, unless Parent received by requests that such Company Plans not to be terminated in writing to the Company at least 10 Business Days before the Effective Time, the Company shall terminate all of its 401(kfive (5) plans effective as of the day before the business days prior to Closing, pursuant to resolutions substantially similar to those attached hereto as Exhibit B..

Appears in 1 contract

Samples: Agreement and Plan of Merger (Medicines Co /De)

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