Common use of Termination of Pension Plan Clause in Contracts

Termination of Pension Plan. If required by Parent in writing, the Company shall, immediately prior to and contingent upon the Closing Date, have terminated the Company 401(k) Plan (the "Plan") and no further contributions shall be made to the Plan. The Company shall provide to Parent (i) executed resolutions by the Company Board authorizing the termination and (ii) an executed amendment to the Plan , which in the Parent's reasonable judgment is sufficient to assure compliance with all applicable requirements of the Code and regulations thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Tumbleweed Communications Corp), Agreement and Plan of Merger (Phone Com Inc)

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Termination of Pension Plan. If required by Parent in writing, the Company shall, immediately prior to and contingent upon the Closing Date, have terminated terminate the Company 401(k) Plan (the "Plan") and no further contributions shall be made to the Plan. The Company shall provide to Parent (i) executed resolutions by the Board of Directors of Company Board authorizing the termination and (ii) an executed amendment to the Plan , which in the Parent's reasonable judgment is sufficient to assure compliance with all applicable requirements of the Internal Revenue Code and regulations thereunderthereunder so that the tax-qualified status of the Plan will be maintained at the time of termination.

Appears in 1 contract

Samples: Merger Agreement And (Broadcom Corp)

Termination of Pension Plan. If required by Parent in writing, the Company shall, immediately effective as of at least one (1) day prior to and contingent upon the Closing Date, have terminated the Company 401(k) Plan (the "Plan") and no further contributions shall be made to the Plan. The Company shall provide to Parent (i) executed resolutions by the Company Board authorizing the termination and (ii) an executed amendment to the Plan Plan, which in the Parent's reasonable judgment is sufficient to assure compliance with all applicable requirements of the Code and regulations thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Quantum Corp /De/)

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Termination of Pension Plan. If required by Parent in writing, the Company shall, immediately prior to and contingent upon the Closing DateEffective Time, have terminated the Company 401(k) Plan (the "Plan") and no further contributions shall be made to the Plan. The Company shall provide have provided to Parent (i) executed resolutions by the Board of Directors of the Company Board authorizing the termination and (ii) an executed amendment to the Plan , which in the Parent's reasonable judgment is sufficient to assure compliance with all applicable requirements of the Internal Revenue Code and regulations thereunderthereunder so that the tax-qualified status of the Plan will be maintained at the time of termination.

Appears in 1 contract

Samples: Acquisition Agreement (Broadcom Corp)

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