Common use of Allocation of Welfare Benefit Claims Clause in Contracts

Allocation of Welfare Benefit Claims. (a) The members of the Neurotrope Group shall retain Liability and responsibility in accordance with the applicable Neurotrope Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) incurred by NBI Employees and Salary Continuation Former Employees (and their respective dependents and beneficiaries) under such plans prior to the Establishment Date of the corresponding NBI Welfare Plan and (b) NBI shall retain Liability and responsibility in accordance with the NBI Welfare Plans for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) incurred by NBI Employees and Salary Continuation Former Employees (and their respective dependents and beneficiaries) on or following such Establishment Date. For purposes of this Section 2.06, a benefit claim shall be deemed to be incurred as follows: (A) when the event giving rise to the benefit under the applicable plan has occurred as set forth in the governing plan documents, if it is clear based on the governing documents of both the Neurotrope Welfare Plan and NBI Welfare Plans which plan should be responsible for the claim or if not, as follows: (B) (1) health, dental, vision, employee assistance program and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies; and (2) life, accidental death and dismemberment and business travel accident insurance benefits, upon the death, or other event giving rise to such benefits. The members of the Neurotrope Group shall retain Liability and responsibility in accordance with the applicable Neurotrope Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) for individuals who, immediately prior to the applicable Establishment Date, are Former NBI Employees (and their dependents and beneficiaries), including any such Employee on long-term disability on the applicable Establishment Date.

Appears in 4 contracts

Samples: Separation and Distribution Agreement (Synaptogenix, Inc.), Separation and Distribution Agreement (Neurotrope, Inc.), Separation and Distribution Agreement (Neurotrope Bioscience, Inc.)

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Allocation of Welfare Benefit Claims. Notwithstanding Section 2.05, (a) The the members of the Neurotrope TWX Group shall retain Liability and responsibility in accordance with the applicable Neurotrope TWX Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) incurred by NBI (i) Time Employees and Salary Continuation Former Employees (and their respective dependents and beneficiaries) under such plans prior to the Establishment Date of the corresponding NBI Time Welfare Plan and (ii) Transferred To Time Employees (and their dependents and beneficiaries) under such plans prior to the Transfer Time or, if later, the Establishment Date and (b) NBI the members of the Time Group shall retain Liability and responsibility in accordance with the NBI Time Welfare Plans for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) incurred by NBI (i) Time Employees and Salary Continuation Former Employees (and their respective dependents and beneficiaries) on or following such Establishment DateDate and (ii) Transferred To TWX Employees (and their dependents and beneficiaries) on or following the Establishment Date and prior to the Transfer Time. For purposes of this Section 2.066.02, a benefit claim shall be deemed to be incurred as follows: (A) when the event giving rise to the benefit under the applicable plan has occurred as set forth in the governing plan documents, if it is clear based on the governing documents of both the Neurotrope TWX Welfare Plan and NBI Time Welfare Plans which plan should be responsible for the claim or if not, as follows: (B) (1) health, dental, vision, employee assistance program and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies; and (2) life, accidental death and dismemberment and business travel accident insurance benefits, upon the death, or other event giving rise to such benefits. The members of the Neurotrope TWX Group shall retain Liability and responsibility in accordance with the applicable Neurotrope TWX Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) for individuals who, immediately prior to the applicable Establishment Date, are Former NBI Time Employees (and their dependents and beneficiaries), including any such Employee on long-term disability on the applicable Establishment Date.

Appears in 3 contracts

Samples: Employee Matters Agreement, Employee Matters Agreement (Time Inc.), Employee Matters Agreement (Time Inc.)

Allocation of Welfare Benefit Claims. (a) The members of the Neurotrope Parent Group shall retain Liability and responsibility be solely responsible for all Liabilities in accordance with the applicable Neurotrope Parent Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) ), in each case, as incurred and reported by NBI SpinCo Employees and Salary Continuation Former SpinCo Employees (and each of their respective dependents and beneficiaries) under such plans prior to the Establishment Date of the corresponding NBI applicable Welfare Plan Date and (b) NBI the members of the SpinCo Group shall retain Liability and responsibility be solely responsible for (i) all Liabilities in accordance with the NBI applicable Parent Welfare Plan for all reimbursement claims (such as medical and dental claims) and for all non-reimbursement claims (such as life insurance claims), in each case, that were incurred by SpinCo Employees and Former SpinCo Employees (and each of their respective dependents and beneficiaries) under such plans prior to the applicable Welfare Plan Date but not yet reported as of the applicable Welfare Plan Date and (ii) all Liabilities in accordance with the SpinCo Welfare Plans for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) ), in each case, as incurred by NBI SpinCo Employees and Salary Continuation Former SpinCo Employees (and each of their respective dependents and beneficiaries) on or following such Establishment after the applicable Welfare Plan Date; provided that SpinCo shall reimburse Parent for Liabilities incurred under clause (a) between the Local Transfer Date and the applicable Welfare Plan Date. For purposes of this Section 2.067.02, a benefit claim shall be deemed to be incurred as follows: (Ai) when the event giving rise to the benefit under the applicable plan has occurred as set forth in the governing plan documents, if it is clear based on the governing documents of both the Neurotrope Welfare Plan and NBI Welfare Plans which plan should be responsible for the claim or if not, as follows: (B) (1) health, dental, vision, employee assistance program and prescription drug benefits (including in respect of any hospital confinementadmission), upon the provision of such services, materials or supplies; supplies and (2ii) for life, accidental death and dismemberment dismemberment, and business travel accident insurance benefits, upon the death, cessation of employment or other event by Parent giving rise to such benefits. The members of the Neurotrope Group shall retain Liability and responsibility in accordance with the applicable Neurotrope Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) for individuals who, immediately prior to the applicable Establishment Date, are Former NBI Employees (and their dependents and beneficiaries), including any such Employee on long-term disability on the applicable Establishment Date.

Appears in 3 contracts

Samples: Employee Matters Agreement (Kyndryl Holdings, Inc.), Employee Matters Agreement (Kyndryl Holdings, Inc.), Employee Matters Agreement (Kyndryl Holdings, LLC)

Allocation of Welfare Benefit Claims. Notwithstanding Section 2.03, and other than in connection with the Continuation Coverage under the Xxxxxx Continuation Plans at and after the Distribution, (a) The the members of the Neurotrope Xxxxxx Group shall retain Liability and responsibility in accordance with the applicable Neurotrope Xxxxxx Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) incurred by NBI Cable Employees and Salary Continuation Former Cable Employees (and their respective dependents and beneficiaries) under such plans prior to the Establishment Date of the corresponding NBI Welfare Plan Distribution and (b) NBI the members of the Cable Group shall retain Liability and responsibility in accordance with the NBI Cable Welfare Plans for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) incurred by NBI Cable Employees and Salary Continuation Former Cable Employees (and their respective dependents and beneficiaries) on or following after the Distribution. Notwithstanding the foregoing, Cable shall be obligated to reimburse Xxxxxx for any such Establishment Dateclaims and expenses as provided in Article XIII. For purposes of this Section 2.066.03, a benefit claim shall be deemed to be incurred as follows: (A) when the event giving rise to the benefit under the applicable plan has occurred as set forth in the governing plan documents, if it is clear based on the governing documents of both the Neurotrope Welfare Plan and NBI Welfare Plans which plan should be responsible for the claim or if not, as follows: (B) (1i) health, dental, vision, employee assistance program vision and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies; and (2ii) life, accidental death and dismemberment and business travel accident insurance benefits, upon the death, cessation of employment or other event giving rise to such benefits. The members of ; and (iii) notwithstanding the Neurotrope Group above, with respect to any fully insured benefits, the insurance premium shall retain Liability be treated as a claim at the time such premium is due, and responsibility in accordance with benefits payable by the applicable Neurotrope Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) for individuals who, immediately prior to the applicable Establishment Date, are Former NBI Employees (and their dependents and beneficiaries), including any such Employee on long-term disability on the applicable Establishment Dateinsurer shall not be considered a claim.

Appears in 2 contracts

Samples: Employee Matters Agreement (Cable One, Inc.), Employee Matters Agreement (Graham Holdings Co)

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Allocation of Welfare Benefit Claims. Notwithstanding Section 2.03, and other than in connection with the Continuation Coverage under the Xxxxxx Continuation Plans at and after the Distribution, (a) The the members of the Neurotrope Xxxxxx Group shall retain Liability and responsibility in accordance with the applicable Neurotrope Xxxxxx Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) incurred by NBI Cable Employees and Salary Continuation Former Cable Employees (and their respective dependents and beneficiaries) under such plans prior to the Establishment Date of the corresponding NBI Welfare Plan Distribution and (b) NBI the members of the Cable Group shall retain Liability and responsibility in accordance with the NBI Cable Welfare Plans for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) incurred by NBI Cable Employees and Salary Continuation Former Cable Employees (and their respective dependents and beneficiaries) on or following after the Distribution. Notwithstanding the foregoing, Cable shall be obligated to reimburse Xxxxxx for any such Establishment Dateclaims and expenses as provided in Article XIII. For purposes of this Section 2.06Section6.03, a benefit claim shall be deemed to be incurred as follows: (A) when the event giving rise to the benefit under the applicable plan has occurred as set forth in the governing plan documents, if it is clear based on the governing documents of both the Neurotrope Welfare Plan and NBI Welfare Plans which plan should be responsible for the claim or if not, as follows: (B) (1i) health, dental, vision, employee assistance program vision and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies; and (2ii) life, accidental death and dismemberment and business travel accident insurance benefits, upon the death, cessation of employment or other event giving rise to such benefits. The members of ; and (iii) notwithstanding the Neurotrope Group above, with respect to any fully insured benefits, the insurance premium shall retain Liability be treated as a claim at the time such premium is due, and responsibility in accordance with benefits payable by the applicable Neurotrope Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) for individuals who, immediately prior to the applicable Establishment Date, are Former NBI Employees (and their dependents and beneficiaries), including any such Employee on long-term disability on the applicable Establishment Dateinsurer shall not be considered a claim.

Appears in 1 contract

Samples: Employee Matters Agreement (Cable One, Inc.)

Allocation of Welfare Benefit Claims. Notwithstanding Section 2.05, except as otherwise specifically set forth herein, (a) The the members of the Neurotrope TWX Group shall retain Liability and responsibility in accordance with the applicable Neurotrope TWX Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) incurred by NBI (i) Time Employees and Salary Continuation Former Employees (and their respective dependents and beneficiaries) under such plans prior to the Establishment Date of the corresponding NBI Time Welfare Plan and (ii) Transferred To Time Employees (and their dependents and beneficiaries) under such plans prior to the Transfer Time or, if later, the Establishment Date and (b) NBI the members of the Time Group shall retain Liability and responsibility in accordance with the NBI Time Welfare Plans for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) incurred by NBI (i) Time Employees and Salary Continuation Former Employees (and their respective dependents and beneficiaries) on or following such Establishment DateDate and (ii) Transferred To TWX Employees (and their dependents and beneficiaries) on or following the Establishment Date and prior to the Transfer Time. For purposes of this Section 2.066.02, a benefit claim shall be deemed to be incurred as follows: (A) when the event giving rise to the benefit under the applicable plan has occurred as set forth in the governing plan documents, if it is clear based on the governing documents of both the Neurotrope TWX Welfare Plan and NBI Time Welfare Plans which plan should be responsible for the claim or if not, as follows: (B) (1) health, dental, vision, employee assistance program and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies; and (2) life, accidental death and dismemberment and business travel accident insurance benefits, upon the death, or other event giving rise to such benefits. The Except as otherwise specifically set forth herein, the members of the Neurotrope TWX Group shall retain Liability and responsibility in accordance with the applicable Neurotrope TWX Welfare Plan for all reimbursement claims (such as medical and dental claims) for expenses incurred and for all non-reimbursement claims (such as life insurance claims) for individuals who, immediately prior to the applicable Establishment Date, are Former NBI Time Employees (and their dependents and beneficiaries), including any such Employee on long-term disability on the applicable Establishment Date.

Appears in 1 contract

Samples: Employee Matters Agreement (Time Inc.)

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