Examples of Acquiror Plan in a sentence
The Acquiror and the Acquiror Subsidiaries have performed all obligations required to be performed by any of them under, are not in any respect in default under or in violation of, and the Acquiror and the Acquiror Subsidiaries have no knowledge of any default or violation by any party to, any Acquiror Plan, except where such failures, defaults or violations would not, individually or in the aggregate, have a material adverse effect on the Acquiror and the Acquiror Subsidiaries taken as a whole.
Except for matters disclosed in Section 3.8(f) of the Acquiror Disclosure Schedule, there has been no non-exempt prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) with respect to any Acquiror Plan.
All contributions, premiums or payments required to be made prior to the Effective Time with respect to any Acquiror Plan will have been made on or before the Effective Time.
With respect to each Acquiror Plan that is an employee benefit plan (as defined in section 3(3) of ERISA), the requirements of ERISA with respect to such Plan have been satisfied, except to the extent that a failure to satisfy any of such requirements would not have a Material Adverse Effect.
For purposes of all Acquiror Plans, including severance plans or policies, the Acquiror shall cause each such plan, program or arrangement to treat the prior service of each Covered Employee with the Company or the Company Subsidiaries as service rendered to the Acquiror for purposes of eligibility, vesting and benefit accruals under any Acquiror Plan (but not for purposes of benefit accruals under any defined benefit or defined contribution pension plan).
Section 3.19 of the Acquiror Disclosure Schedule contains a complete list identifying each Acquiror Plan in which the Continuing Employees are expected to participate (the “Continuing Employee Plans”).
Acquiror will cause each Acquiror Plan that is a welfare benefit plan, within the meaning of Section 3(1) of ERISA, to waive any eligibility waiting periods, actively-at-work requirements, evidence of insurability requirements, pre-existing condition limitations and other exclusions and limitations regarding the Company Employees and their spouses, domestic partners and dependents to the extent waived, satisfied or not included under the corresponding Plan.
All contributions, premiums or other payments due from the Acquiror to (or under) any Acquiror Plan have been fully paid or adequately provided for on the books and financial statements of Acquiror.
Acquiror shall be responsible for any and all Liabilities (including Liability for funding) and other obligations with respect to the Acquiror Plan.
With respect to each Acquiror Plan that is an employee benefit plan (as defined in section 3(3) of ERISA), the requirements of ERISA applicable to such Acquiror Plan have been satisfied in all material respects.