From and after the Closing Date, Acquirer shall recognize the prior service with the Company of each Continuing Employee under all Acquirer Plans for purposes of eligibility and vesting, except to the extent that such recognition would result in duplication of benefits.
Acquirer will extend coverage to KFI employees for health care, dependent care and limited purpose health care flexible spending accounts established under Section 125 of the Code to the same extent as available to similarly situated employees of Acquirer to the extent permitted by such Acquirer Plans and applicable Law.
Each Company Participant who continues to be employed by Company or any of its subsidiaries immediately following the Effective Time shall, to the extent permitted by law and applicable tax qualification requirements, and subject to any generally applicable break in service or similar rule, receive credit for purposes of eligibility to participate and vesting under the Acquirer Plans for years of service with Company or its subsidiaries.
Notwithstanding the foregoing, all Transferred Employees shall receive, for purposes of eligibility for participation in the Acquirer Plans, credit for service with Seller.
Without limiting the generality of the foregoing, for Continuing Employees so enrolled in Acquirer Plans, Acquirer shall recognize the prior service with the Company of each of the Continuing Employees for purposes of eligibility and vesting, to the extent permitted by the terms of the applicable Acquirer Plans and for purposes of accrual of vacation and time off benefits.