Adoption of the Plan. The Parties agree to adopt and begin implementation of the plan within 120 days of receiving notice of state approval, and provide notice of plan adoption pursuant to Minnesota Statutes Chapters 103B and 103D.
Adoption of the Plan. This Plan may be adopted by a Participating Employer, provided that such adoption is with the approval of the Employer. Such adoption shall be by resolution of the Participating Employer’s governing body.
Adoption of the Plan. The Employer may adopt the Plan by completing and signing the Adoption Agreement in the form attached hereto.
Adoption of the Plan. The adoption of the Plan shall not be deemed to give any Employee, Non-Employee Director or Consultant or any other individual any right to be selected as a Participant or to be granted an Award, or, having been so selected, to be selected to receive a future Award.
Adoption of the Plan. The Association Member adopts the Plan as a Participating Employer pursuant to the terms of the Plan and this Participation Agreement, effective as of the Participation Agreement Effective Date. The participation in the Plan is conditioned on the timely payment by the Participating Employer of its proportional share of contributions under the Plan, an Compensation, payment will be transmitted to the Trust as soon as practicable after such amounts would otherwise have been paid to the Participant.
Adoption of the Plan. The Adopting Employer does hereby evidence its adoption of the Plan as a participating employer for the benefit of its employees who are or from time to time will be eligible under the provisions of the Plan to participate therein, commencing with the Plan Year containing the Effective Date of the Plan as to the Adopting Employer.
Adoption of the Plan. Any member of the Related Group which the Plan Sponsor shall designate and declare eligible to adopt and participate in the Plan may adopt and become a party to this Plan and Trust, subject to and upon such terms and conditions as the Plan Sponsor may prescribe, including but not limited to:
Adoption of the Plan. The board of directors of the Company (the "Board") has adopted this Plan and called a meeting (the "Meeting") of the Company's stockholders (the "Stockholders") to take action on the Plan. The Stockholders include all holders of the Company's outstanding Common Stock, par value $.01 per share (the "Common Stock"), the Company's outstanding Series A Cumulative Convertible Preferred Stock, par value $.01 per share (the "Series A Preferred"), and the Company's Series B Cumulative Convertible Preferred Stock, par value $.01 per share (the "Series B Preferred" and collectively with the Series A Preferred, the "Preferred Stock"). If (i) Stockholders holding a majority of the outstanding Common Stock, the outstanding Series A Preferred, and the outstanding Series B Preferred voting together as a single class pursuant to the Restated Certificate of Incorporation of the Company, (ii) Stockholders holding 66?% of the outstanding Series A Preferred, and (iii) Stockholders holding 66?% of the outstanding Series B Preferred each vote for the adoption of this Plan at the Meeting, then the Plan shall constitute the adopted Plan of the Company as of the date of the Meeting, or such later date on which the Stockholders may approve the Plan if the Meeting is adjourned to a later date (the "Adoption Date"). The Plan, once adopted, will become effective simultaneously with the occurrence of both of the following events: (A) the closing of (i) the transactions contemplated by the Asset Purchase and Sale Agreement, dated as of October 27, 2003, by and among the Company, Candlewood Hotel Company LLC, a Delaware limited liability company and Six Continents Hotels, Inc., a Delaware corporation, as may be amended from time to time, (ii) the transaction contemplated by the Purchase and Sale Agreement, dated as of October 27, 2003, by and among the Company and certain of its affiliates, JPD Corporation, a Kansas corporation and Hospitality Properties Trust, a Maryland real estate investment trust, as may be amended from time to time, and (iii) the other transactions contemplated by the foregoing agreements (the "Closing") and (B) the Certificate of Amendment of Certificate of Designations, Preferences and Relative, Participating, Optional and Other Special Rights of Preferred Stock and Qualifications, Limitations and Restrictions Thereof of Series A Cumulative Convertible Preferred Stock and Series B Cumulative Convertible Preferred Stock attached hereto as Exhibit A (the "Certifica...
Adoption of the Plan. 16.1 Initial Adoption and Failure to Obtain Qualification................................. 47 16.2 Adoption by Additional Employers..................................................... 47 Appendix A - Elapsed Time Method of Determining Service Appendix B - Determination of Top Heavy Plan Status Appendix C - List of Participating Employers Appendix D - Actuarial Equivalents and Values Appendix E - List of Additional Excluded Positions THIS PLAN AND TRUST AGREEMENT, made and entered into this day of December, 1992, by and between ESKIMO PIE CORPORATION, a Delaware corporation, and other participating employers who may adopt this agreement as provided herein (hereinafter called the "Employer") and XXXXXXX X. XXXXXX, XX. of Richmond, Virginia (hereinafter called the "Trustee").
Adoption of the Plan. With the Sponsor’s consent, the Employer may adopt the Plan by completing and signing the Adoption Agreement in the form attached hereto.
