Common use of Assumption of Liabilities and Transfer of Assets Clause in Contracts

Assumption of Liabilities and Transfer of Assets. Effective on a date selected by Equifax (the "Savings Plan Transfer Date") and except as provided in the last sentence of this subsection: (i) the Certegy Savings Plan shall assume and be solely responsible for all Liabilities to or relating to Transferred Individuals under the Equifax Savings Plan; and (ii) Equifax shall cause the accounts of the Transferred Individuals under the Equifax Savings Plan which are held by its related trust as of the Savings Plan Transfer Date to be transferred to the Certegy Savings Plan and its related trust, and Certegy shall cause such transferred accounts to be accepted by such plan and trust. Effective no later than the Savings Plan Transfer Date, Certegy shall use its reasonable best efforts to enter into such agreements to accomplish such assumptions and transfers and the maintenance of the necessary participant records. As soon as practicable after the Savings Plan Transfer Date, assets related to the accounts of all Transferred Individuals shall be transferred from the Equifax Savings Plan to the Certegy Savings Plan in cash or in kind, at Equifax's discretion, and, to the extent practicable, shall be invested in investment options in the Certegy Savings Plan which are comparable to the investment options in which such accounts were invested immediately before the Savings Plan Transfer Date. Until such transfer (but subject to reasonable blackout requirements and subject to subsection (d) below), Transferred Individuals shall be able to exercise customary investment discretion over their accounts in the Equifax Savings Plan. No benefits with respect to a Transferred Individual from the Equifax Savings Plan shall be paid while he or she is employed by the Certegy Group after the Savings Plan Transfer Date.

Appears in 2 contracts

Samples: Employee Benefits Agreement (Certegy Inc), Employee Benefits Agreement (Certegy Inc)

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Assumption of Liabilities and Transfer of Assets. Effective on a date selected by Equifax (Immediately after the "Savings Plan Transfer Distribution Date") and except as provided in the last sentence of this subsection: (i) the Certegy TRICON Savings Plan shall assume and be solely responsible for all Liabilities (including any amounts attributable to additional contributions with respect to Transferred Individuals required pursuant to negotiations with the Internal Revenue Service that began before the Distribution Date) to or relating to Transferred Individuals under the Equifax PepsiCo Savings Plan; (ii) the TRICON Savings Plan shall assume and be solely responsible for all ongoing rights of or relating to Transferred Individuals for future participation (including the right to make contributions through payroll deductions) in the TRICON Savings Plan; and (iiiii) Equifax PepsiCo shall cause the accounts of the Transferred Individuals under the Equifax PepsiCo Savings Plan which are held by its related trust as of the Savings Plan Transfer Close of the Distribution Date to be transferred to the Certegy TRICON Savings Plan and its related trust, and Certegy TRICON shall cause such transferred accounts to be accepted by such plan and trust. Effective no later than Immediately after the Savings Plan Transfer Distribution Date, Certegy TRICON shall use its reasonable best efforts to enter into such agreements to accomplish such assumptions and transfers and transfers, the maintenance of the necessary participant records, the appointment of State Street Bank and Trust Company as initial trustee under the TRICON Savings Plan, and the engagement of State Street Bank and Trust Company as initial recordkeeper under such plans. As soon as practicable after the Savings Plan Transfer Close of the Distribution Date, assets related to the accounts of all Transferred Individuals shall be transferred from the Equifax PepsiCo Savings Plan to the Certegy TRICON Savings Plan in cash or in kind, at EquifaxPepsiCo's discretion, and, and to the extent practicable, shall be invested in comparable investment options in the Certegy TRICON Savings Plan which are comparable to the investment options in which as such accounts were invested immediately before the Savings Plan Transfer Date. Until such transfer (but subject to reasonable blackout requirements and subject to subsection (d) below), Transferred Individuals shall be able to exercise customary investment discretion over their accounts in Close of the Equifax Savings Plan. No benefits with respect to a Transferred Individual from the Equifax Savings Plan shall be paid while he or she is employed by the Certegy Group after the Savings Plan Transfer Distribution Date.

Appears in 2 contracts

Samples: Employee Programs Agreement (Tricon Global Restaurants Inc), Employee Programs Agreement (Tricon Global Restaurants Inc)

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Assumption of Liabilities and Transfer of Assets. Effective on a date selected by Equifax (the "Savings Plan Transfer Date") and except as provided in the last sentence of this subsectionSection: (i) the Certegy PSI Savings Plan shall assume and be solely responsible for all Liabilities to or relating to Transferred Individuals under the Equifax Savings Plan; and (ii) Equifax shall cause the accounts of the Transferred Individuals under the Equifax Savings Plan which are held by its related trust as of the Savings Plan Transfer Date to be transferred to the Certegy PSI Savings Plan and its related trust, and Certegy PSI shall cause such transferred accounts to be accepted by such plan and trust. Effective no later than the Savings Plan Transfer Date, Certegy PSI shall use its reasonable best efforts to enter into such agreements to accomplish such assumptions and transfers and the maintenance of the necessary participant records. As soon as practicable after the Savings Plan Transfer Date, assets related to the accounts of all Transferred Individuals shall be transferred from the Equifax Savings Plan to the Certegy PSI Savings Plan in cash or in kind, at Equifax's discretion, and, to the extent practicable, shall be invested in investment options in the Certegy PSI Savings Plan which are comparable to the investment options in which such accounts were invested immediately before the Savings Plan Transfer Date. Until such transfer (but subject to reasonable blackout requirements and subject to subsection (d) below), Transferred Individuals shall be able to exercise customary investment discretion over their accounts in the Equifax Savings Plan. No benefits with respect to a Transferred Individual from the Equifax Savings Plan shall be paid while he or she is employed by the Certegy PSI Group after the Savings Plan Transfer Date.

Appears in 1 contract

Samples: Employee Benefits Agreement (Equifax Ps Inc)

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