DETERMINATION OF CONTRIBUTION. The Employer, from its records, determines the amount of any contributions to be made by it to the Trust under the terms of the Plan.
DETERMINATION OF CONTRIBUTION. 3.01 3.03 Time of Payment of Contribution..............................................................3.01 3.04
DETERMINATION OF CONTRIBUTION. 3.01 3.03 Time of Payment of Contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 3.04
DETERMINATION OF CONTRIBUTION. 21 3.07 TIME OF PAYMENT OF CONTRIBUTION................... 21 3.08
DETERMINATION OF CONTRIBUTION. Section 3.5 of the Agreement is amended to delete all Change of Control references, and, as amended, shall read as follows:
DETERMINATION OF CONTRIBUTION. The amount of any contribution to be made to the Trust under Section 3.2 shall be determined by an Independent Consultant, which shall be retained by the Company and shall report its determination in writing to the Company and Executive not later than fifteen (15) days prior to the date by which the Annual Contribution is to be made, and which determination shall be final and binding upon the Company and the Executive. To the extent the Independent Consultant determines that at any time or for any period for which the Company would otherwise be required to make a contribution to the Trust, no contribution is required based on such actuarial determination, the Company shall not, subject to the terms below, be required to make a contribution to the Trust at such time or for such period. Not later than fifteen(15) days prior to the date by which the Annual Contribution is to be made, the Company shall cause the Independent Consultant to give the Trustee written notice setting forth the Independent Consultant's determination of the amount of the contribution required by Section 3.2 upon the date of the Annual Contribution.
DETERMINATION OF CONTRIBUTION. The Employer, from its ----------------------------- records and the reports of the Actuary, shall determine the amount of any contribution to be made by it to the Trust Fund under the terms of the Plan. In this regard, the Employer may place full reliance upon all reports, opinions, tables, valuations, certificates and computations the Actuary furnishes the Employer.
DETERMINATION OF CONTRIBUTION. (i) For purposes of determining Contribution for any applicable period, the operations of the Company shall be segregated from the other operations of any other entity, including Affiliates of the Buyer or BV Capital. With respect to payments to be made pursuant to Section 2(b)(ii), above, “Contribution” shall be deemed to include the Contribution of any sales made during the last quarter of fiscal 2008 the circumstances of which indicate that, in the ordinary course of business as conducted prior to the Closing, such sales would normally have been made in fiscal 2009. With respect to payments to be made pursuant to Section 2(b)(iv), above, “Contribution” shall be deemed to include the Contribution of any sales made during the first quarter of fiscal 2012 the circumstances of which indicate that, in the ordinary course of business as conducted prior to the Closing, such sales would normally have been made in fiscal 2011. The Buyer shall provide to the Seller, upon request, reasonable information regarding sales in the last quarter of fiscal 2008 and the first quarter of fiscal 2012, to enable the Seller to audit same and assess the nature of such sales with respect to the foregoing criteria, and any deviation therein shall be subject to the provisions regarding audit compensation and dispute resolution set forth in clauses (ii) and (iii) below. The legal burden of proof that such sales should be reallocated for purposes hereof shall be upon the Seller. In addition the Buyer shall provide Seller, not later than 30 January of each fiscal year during the Earnout Period, with a good faith estimate of Contribution for the relevant fiscal year.
DETERMINATION OF CONTRIBUTION. The amount of any contribution to be made to the Trust under Section 3.2 or 3.3 shall be determined by an Independent Consultant, which shall be retained by the Company and shall report its determination in writing to the Company and Executive not later than fifteen (15) days prior to the date by which the Annual Contribution is to be made, or the date upon which the transaction constituting a Change of Control is to be consummated, as applicable and which determination shall be final and binding upon the Company and the Executive. To the extent the Independent Consultant determines that at any time or for any period for which the Company would otherwise be required to make a contribution to the Trust, no contribution is required based on such actuarial determination, the Company shall not, subject to the terms below, be required to make an contribution to the Trust at such time or for such period. Not later than fifteen (15) days prior to the date by which the Annual Contribution is to be made, or the date upon which the transaction constituting a Change of Control is to be consummated, as applicable, the Company shall cause the Independent Consultant to give the Trustee written notice (which, if the Company's contribution obligation is triggered by a Change of Control transaction, shall include a brief description provided by the Company of the transaction and the expected closing date of such transaction) setting forth the Independent Consultant's determination of the amount of the contribution required by Section 3.2 or 3.3, as applicable, upon the date of the Annual Contribution or the consummation of such Change of Control transaction, as applicable.
DETERMINATION OF CONTRIBUTION. The Company, from its records, shall determine the amount of any contributions to be made by it to the Trust under the terms of this Plan.
