Pre-ETS means Pre-Employment Transition Services
Spending unit means the department, bureau, division, office, board, commission,
Transferred Employees has the meaning set forth in Section 6.4(a).
Remainco Group means RemainCo and its Subsidiaries, other than the SpinCo Group.
SpinCo Group means (a) prior to the Effective Time, SpinCo and each Person that will be a Subsidiary of SpinCo as of immediately after the Effective Time, including the Transferred Entities, even if, prior to the Effective Time, such Person is not a Subsidiary of SpinCo; and (b) on and after the Effective Time, SpinCo and each Person that is a Subsidiary of SpinCo.
Section 385 Controlled Partnership has the meaning set forth in Treasury Regulation Section 1.385-1(c)(1) for a “controlled partnership”.
Service Group means any one or more (as the context may require) of the service groups described in this Schedule;
Participating Companies means any insurance company (including Insurance Company) that offers variable annuity and/or variable life insurance contracts to the public and that has entered into an agreement with one or more of the Funds.
Former Employees means Former Parent Group Employees and Former SpinCo Group Employees.
H1, H2 etc means First Highest, Second Highest Offers etc. in Disposal Tenders means
BEP means (i) Blackstone Energy Partners L.P. and Blackstone Energy Partners Q L.P., each a Delaware limited partnership and (ii) any other Alternative Investment Vehicles or Parallel Funds (each as defined in the partnership agreement for the partnership referred to in clause (i) above).
Company Employees shall have the meaning set forth in Section 6.10(a).
ESP means the Company’s Executive Savings Plan.
Participating Company Group means, at any point in time, all corporations collectively which are then Participating Companies.
RemainCo shall have the meaning set forth in the Preamble.
Company 401(k) Plan has the meaning set forth in Section 6.4(e).
Looked After Child means any child who is in the care of a local authority in accordance with Section 22 (1) of the Children Act 1989. A child who was “a previously Looked After Child” means a child who after being Looked After became subject to an Adoption Order under Section 46 of the Adoption and Children Act 2002, a Residence Order under Section 8 of the Children Act 1989 or Special Guardianship Order under Section 14A of the Children Act 1989.
SpinCo shall have the meaning set forth in the Preamble.
Distribution Effective Time means 12:01 a.m., Eastern time, on the Distribution Date.
DCP means disclosure controls and procedures;
Participating Retail Store means any one of the Australian retail stores trading under the following trading names that is authorised by Breville to sell Participating Products and has been invited by the Promoter to participate in the Promotion:
Non-profit making companies means companies set up under the Companies Act, 1956/Companies Act 2013.
Defined Contribution Plan Fraction means a fraction, the numerator of which is the sum of the Annual Additions to the Member's account under all the defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Member's nondeductible employee contributions to all defined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, as defined in Code Section 419(e), and individual medical accounts, as defined in Code Section 415(l)(2), maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of service with the Employer (regardless of whether a defined contribution plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year is the lesser of 125 percent of the dollar limitation determined under Code Section 415(b) and (d) in effect under Code Section 415(c)(1)(A) of the Code or 35 percent of the Member's Compensation for such year. If the Member was a member as of the end of the first Limitation Year beginning after December 31, 1986, in one or more defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction shall be adjusted if the sum of this fraction and the Defined Benefit Plan Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the plan made after May 5, 1986, but using the Code Section 415 limitations applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall not be recomputed to treat all employee contributions as Annual Additions.
Transferred Employee has the meaning set forth in Section 6.01(a).
Company Benefit Plans has the meaning set forth in Section 3.16(a).
Affected Employees means those employees who are exposed to the hazard(s) identified as a violation(s) in a citation.
Multiple employer welfare arrangement means a “multiple employer welfare arrangement” within the meaning of Section 3(40) of ERISA.