401(k) Plan Sample Clauses

401(k) Plan. Executive shall be entitled to participate in the Company’s 401K plan in accordance with its terms and conditions.

401(k) Plan. The Company presently offers its employees a 401k plan with a Company match to be determined annually by the Compensation Committee of the Board of Directors. You may elect to contribute pre-tax deferrals through payroll deduction pursuant to the terms of the 401k plan.

401(k) Plan. The Seller and the Purchasers shall co-operate to take whatever steps are necessary to effect the spinoff and transfer, as promptly as practicable after the Closing Date, by the trustee (the “BOC Trustee”) of the BOC 401(k) Plan to the trustee (the “Purchasers’ Trustee”) of the Purchasers’ 401(k) Plan, of cash equal to the account balance (as of the day of the transfer) of each Employee in the BOC 401(k) Plan, other than the portion of such account balance representing Participant Promissory Notes, which portion shall be accounted for under Section 6.2(d). The amount to be transferred shall not include the value of the account balances of any Employees whose employment terminated other than in connection with the transactions contemplated herein and who became eligible for and elected to receive a distribution (including a direct rollover described in Section 401(a)(31) of the Code) from the BOC 401(k) Plan prior to the date of transfer to the Purchasers’ 401(k) Plan. The Purchasers shall have full responsibility for payment of the benefits attributable to the assets so transferred. Prior to such transfer, each Employee shall have the same rights under the BOC 401(k) Plan as an active employee who participates in such plan, other than rights to receive or make additional contributions, initiate new loans or, except where otherwise required by applicable Law, make payments on existing loans. The Purchasers shall indemnify each Seller Indemnified Party in accordance with Article IX against any Losses incurred by it that are attributable to the failure of the Purchasers’ 401(k) Plan and trust to qualify under Section 401(a) of the Code. Similarly, the Seller shall indemnify each Purchaser Indemnified Party in accordance with Article IX against any losses incurred by it that are attributable to the failure of the BOC 401(k) Plan and trust to qualify under Section 401(a) of the Code.

401(k) Plan. (a) If requested by the Buyer at least ten (10) Business Days prior to the Closing Date, the Company shall take all actions necessary to cause the Supreme Cabinetry Brands Retirement Plan (the “Company 401(k) Plan”) to be terminated, effective as of no later than the day immediately preceding the Closing Date, and contingent upon the occurrence of the Closing, and provide that participants in the Company 401(k) Plan shall become fully vested in any unvested portion of their Company 401(k) Plan accounts as of the date such plan is terminated. If such request to terminate the Company 401(k) Plan is made, the Company shall provide the Buyer with evidence that the Company 401(k) Plan has been terminated (effective no later than immediately prior to the Closing Date and contingent on the Closing) pursuant to resolutions of Company or its applicable Subsidiary. The form and substance of such resolutions shall be subject to prior review and reasonable comment by the Buyer. (b) If the Company 401(k) Plan is terminated, the Buyer shall designate a tax-qualified defined contribution retirement plan with a cash or deferred arrangement that is sponsored by Buyer or one of its Affiliates (the “Buyer 401(k) Plan”) that will cover eligible Continuing Employees effective as of, or as soon as administratively practicable following, the Closing Date, but not later than the thirtieth (30th) day following the Closing Date. In connection with the termination of the Company 401(k) Plan, the Buyer shall cause the Buyer 401(k) Plan to accept from the Company 401(k) Plan the “direct rollover” of the account balance (including the in-kind rollover of promissory notes evidencing all outstanding loans that are not in default) of each Continuing Employee who participated in the Company 401(k) Plan as of the date such plan is terminated and who elects such direct rollover in accordance with the terms of the Company 401(k) Plan and the Code.

401(k) Plan. You will continue to participate in the 401(k) Plan based on your Base Salary up to your Termination Date. Your Plan account will be based on the date of distribution of your account to you. To access your 401(k) account, please call Fidelity at (000) 000-0000.

401(k) Plan. Subject to Executive's compliance with the eligibility and other terms and conditions of the Bank’s 401(k) Plan (the “Plan”), Executive will be eligible to participate In the Bank's 401(k) Plan.

401(k) Plan. Employees in Unit 18 are to be included in the State of California, Department of Personnel Administration's 401K Deferred Compensation Program.

401(k) Plan. All full-time and casual employees shall continue to be eligible to participate in the Teamsters UPS National 401(k) Tax Deferred Savings Plan in accordance with the terms of that Plan. The Employer shall withhold from an employee’s earnings, amounts mutually agreed between the Employer and the employee, and deposit such monies into a 401(k) account in the employee’s name in compliance with the Internal Revenue Code and ERISA.

401(k) Plan. During the Employment Period, Executive shall be eligible to participate in the Company’s 401(k) plan, consistent with the terms of that plan.

401(k) Plan. Employer has established a 401(k) Profit Sharing Plan to provide for voluntary before and after tax contributions by the employees of the Company. The Profit Sharing Plan may also provide for Employer contributions as may be from time to time determined by the Employer consistent with and subject to the terms of the plan as established by the Employer. The Executive may participate in such plan provided he is otherwise qualified under the terms and conditions of any such Profit Sharing Plan.