Internal Revenue Service Approval. This Plan is contingent upon and subject to obtaining, and retaining, such approval of the Commissioner of Internal Revenue or his/her authorized representative as may be necessary for this Plan to be considered qualified under Section 401(a) of the Federal Internal Revenue Code, as amended. Any modification or amendment of the Plan may be made retroactively, if necessary or appropriate, to qualify this Plan as a plan meeting the requirements of Section 401(a) of the Federal Internal Revenue Code, as amended or any other applicable provisions of the Federal tax laws, as amended, and any regulations issued thereunder.
Internal Revenue Service Approval. Notwithstanding the foregoing, the Trustee shall not be required to make any distribution from the Trust in the event the Plan is terminated or contributions are completely discontinued until such time as the Internal Revenue Service shall have determined in writing that such termination or discontinuance will not adversely affect the prior qualification of the Plan.
Internal Revenue Service Approval. Any Employer who adopts only a plan or plans established under a Standardized Adoption Agreement and Basic Plan Document No. 12, and who does not and has not in the past maintained any other plan (including a welfare benefit fund, as defined in Section 419(e) of the Code, which provides post-retirement medical benefits allocated to separate accounts for key employees, as defined in Section 419A(d)(3) of the Code, or an individual medical account, as defined in Section 415(l)(2) of the Code), may rely on the letter received by the Sponsor from the Internal Revenue Service determining that the text of the Plan satisfies the requirements of Section 401(a) of the Code and that the text of the Trust satisfies the requirements of Section 501(a) of the Code. Any other Employer should apply to the Internal Revenue Service, as soon as reasonably practicable after the Plan is established, for a determination that the Plan and Trust meet the aforesaid requirements.
Internal Revenue Service Approval. If the Internal Revenue Service determines that the Plan and the Trust created hereby do not qualify initially under the provisions of Section 401(a) and Section 501(a), respectively, of the Internal Revenue Code, and if the Companies fail or refuse to amend the Plan in such a manner as to make it qualify under such provisions within thirty (30) days after such determination, the Plan shall terminate, and, notwithstanding the provisions of PARA8.03, the assets of the trust estate shall be disposed of as follows: After reserving from Company contribution accounts, PRO RATA, such amounts as the Trustee deems necessary to provide for the payment of any expenses, compensation or claims which it is not reasonably assured will be paid by the Companies pursuant to the provisions of PARA7.01, the Trustee shall distribute to each participant, former participant or beneficiary that portion of the remaining assets held in or for the benefit of his or her Company contribution account that equals his or her vested interest therein immediately prior to such termination, plus all of the assets held in or for the benefit of his or her other accounts, and shall distribute to the Companies the balance of the assets held in the trust estate Notwithstanding the foregoing provisions of this PARA8.04, any amounts returned to a Company as hereinabove provided must be returned to that Company within one (1) year after denial of qualification.
