Examples of BHP Billiton Canada DB Plan in a sentence
BCDC has no liabilities, liquidated or contingent or otherwise, that are not fully reflected on the BCDC Financial Statements, other than (i) liabilities incurred after the Effective Date in the ordinary course of business consistent with past practice of the same type as liabilities reflected in the BCDC Financial Statements or in connection with the Reorganization or the Buffer Zone Transaction, (ii) liabilities in respect of the BHP Billiton Canada DB Plan and (iii) Assumed Employee Obligations.
Prior to the assignment and assumption of the BHP Billiton Canada DB Plan contemplated by this Section 4, BHP Billiton Canada shall cause all persons, other than EKATI Former Employees and the Transferred Employees who are active members of the BHP Billiton Canada DB Plan at the Operatorship Transfer Closing Time, to cease to be active members of the BHP Billiton Canada DB Plan.
In accordance with Sections 4 and 8, BHP Billiton Canada shall assign and transfer to BCDC and BCDC shall assume the BHP Billiton Canada DB Plan and the rights, duties, obligations and liabilities of BHP Billiton Canada with respect to the BHP Billiton Canada DB Plan and its related trust or other funding medium and all Contracts related to the BHP Billiton Canada DB Plan to which BHP Billiton Canada is a party.
In connection with the transfer of the Operatorship Assets, and prior to the Time of Closing, BHP Billiton Canada shall transfer and assign to BCDC and BCDC shall assume BHP Billiton Canada's legal and beneficial right, title and interest in the BHP Billiton Canada DB Plan, its related trust or other funding medium and all Contracts related to the BHP Billiton Canada DB Plan to which BHP Billiton Canada is a party (collectively, the "BHP Billiton Canada DB Plan Assets").
At the Reorganization Closing Time, BCDC shall have all necessary information to administer the BHP Billiton Canada DB Plan in accordance with its terms and applicable Laws.
Other than in respect of the BHP Billiton Canada DB Plan and the Assumed Employee Obligations, the BCDC Financial Statements have been prepared on a basis consistent with prior periods, are correct and complete in all material respects and present fairly the assets and liabilities (whether accrued, absolute, contingent or otherwise) and financial condition of BCDC as at their respective dates and the results of operations of BCDC for the periods covered by the respective BCDC Financial Statements.
BCDC shall establish, effective from and after the Operatorship Transfer Closing Time, replacement employee benefit plans (the "Replacement Plans") for the Transferred Employees and the EKATI Former Employees to replace the BHP Billiton Canada Employee Plans, other than a replacement employee benefit plan for the BHP Billiton Canada DB Plan which will be assigned and transferred by BHP Billiton Canada to BCDC in accordance with Section 4.