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

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.14 hereof, Parent shall have received from the Company evidence reasonably satisfactory to Parent that all Company Employee Plans referred to in Section 5.14 have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.14 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.14 5.15 hereof, Parent shall have received from the Company evidence reasonably satisfactory to Parent that all Company Employee 401(k) Plans referred to in Section 5.14 have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.14 5.15 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.14 5.16 hereof, Parent shall have received from the Company evidence reasonably satisfactory to Parent that all Company Employee Plans referred to in Section 5.14 5.16 have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.14 5.16 hereof.

Termination of 401(k) Plans. Unless Parent shall have received evidence (A) that, unless Parent has explicitly instructed otherwise pursuant to Section 5.14 hereof5.10(d), Parent shall have received from the Company evidence reasonably satisfactory to Parent that all Company Employee Plans referred to in Section 5.14 5.10(d) have been terminated pursuant to resolution of the Board of Directors Managers of the Company or the ERISA Affiliate, as the case may be (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing DateClosing, and Parent shall have received from the Company evidence (B) of the taking of any and all further actions as provided in Section 5.14 hereof5.10(d) reasonably capable of being performed prior to the Closing.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.14 5.13 hereof, Parent shall have received from the Company evidence reasonably satisfactory to Parent (i) that all Company Employee 401(k) Plans referred to in Section 5.14 have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be be, (the form and substance of which shall have been subject to review and reasonable approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.14 5.13 hereof, and (ii) a reasonable estimate of the amount of any charges and/or fees expected to be incurred in connection with the termination the 401(K) plans.