Trustee Approval. The Trustee, after considering the advice of its advisors and such other information as it may deem necessary or advisable, shall have reached the conclusions that (i) the purchase of the Shares hereunder are prudent, fair and in the interest of the Plan and its participants and beneficiaries and primarily for the benefit of such participants and beneficiaries, (ii) the Purchase Price constitutes no more than "adequate consideration" for the purchase of the Shares within the meaning of Section 3(18) of ERISA and (iii) the purchase of the Shares hereunder will not otherwise result in a nonexempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code or violate the provisions of applicable law.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Alion Science & Technology Corp), Stock Purchase Agreement (Alion Science & Technology Corp)
Trustee Approval. The Trustee, after considering the advice of its advisors and such other information as it may deem necessary or advisable, shall have reached the conclusions that (i) the purchase of the Shares hereunder are prudent, fair and in the interest of the Plan and its participants and beneficiaries and primarily for the benefit of such participants and beneficiaries, (ii) the Purchase Price constitutes no more than "βadequate consideration" β for the purchase of the Shares within the meaning of Section 3(18) of ERISA and (iii) the purchase of the Shares hereunder will not otherwise result in a nonexempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code or violate the provisions of applicable law.
Appears in 1 contract
Sources: Stock Purchase Agreement (Alion Science & Technology Corp)