Common use of ASSUMPTION OF PLANS; TERMINATION OF PARTICIPATION Clause in Contracts

ASSUMPTION OF PLANS; TERMINATION OF PARTICIPATION. Except as specifically provided otherwise in this Agreement, Grace, New Grace and Grace-Conn. shall take all steps necessary or appropriate so that, effective no later than the Distribution Date, one or more members of the New Grace Group are the sole sponsors of all Benefit Plans that are, as of the date of this Agreement, sponsored by Grace, and the New Grace Group shall assume or retain (as applicable) all Liabilities relating to or arising under such Benefit Plans. Such steps shall include, without limitation and where appropriate, the appointment or reappointment by New Grace (by action after the Distribution Date to approve or ratify such appointment or reappointment) of all named fiduciaries, trustees, custodians, recordkeepers and other fiduciaries and service providers to such Benefit Plans. Except as specifically provided otherwise in this Agreement or in the agreement provided for in Section 6.01 of this Agreement, the accrual of benefits by Packco Participants in any New Grace Benefit Plan shall cease not later than the Distribution Date.

Appears in 3 contracts

Samples: Employee Benefits Allocation Agreement (W R Grace & Co), Employee Benefits Allocation Agreement (Grace Specialty Chemicals Inc), Employee Benefits Allocation Agreement (Sealed Air Corp)

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ASSUMPTION OF PLANS; TERMINATION OF PARTICIPATION. Except as specifically provided otherwise in this Agreement, Grace, New Grace and Grace-Conn. shall take all steps necessary or appropriate so that, effective no later than the Distribution Date, one or more members of the New Grace Group are the sole sponsors of all Benefit Plans that are, as of the date of this Agreement, sponsored by Grace, and the New Grace Group shall assume or retain (as applicable) all Liabilities relating to or arising under such Benefit Plans. Such steps shall include, without limitation and where appropriate, the appointment or reappointment by New Grace (by action after the Distribution Date to approve or ratify such appointment or reappointment) of all named fiduciaries, trustees, custodians, recordkeepers and other fiduciaries and service providers to such Benefit Plans. Except as specifically provided otherwise in this Agreement or in the agreement provided for in Section 6.01 6.1 of this Agreement, the accrual of benefits by Packco Participants in any New Grace Benefit Plan shall cease not later than the Distribution Date.

Appears in 1 contract

Samples: Employee Benefits Allocation Agreement (Sealed Air Corp/De)

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ASSUMPTION OF PLANS; TERMINATION OF PARTICIPATION. Except as specifically provided otherwise in this Agreement, Grace, New Grace and Grace-Conn. shall take all steps necessary or appropriate so that, effective no later than the Distribution Date, one or more members of the New Grace Group are the sole sponsors of all Benefit Plans that are, as of the date of this Agreement, sponsored by Grace, and the New Grace Group shall assume or retain (as applicable) all Liabilities Li- abilities relating to or arising under such Benefit Plans. Such steps shall include, without limitation and where appropriateap- propriate, the appointment or reappointment by New Grace (by action after the Distribution Date to approve or ratify such appointment or reappointment) of all named fiduciaries, trusteestrust- ees, custodians, recordkeepers and other fiduciaries and service ser- vice providers to such Benefit Plans. Except as specifically provided otherwise in this Agreement or in the agreement provided pro- vided for in Section 6.01 of this Agreement, the accrual of benefits by Packco Participants in any New Grace Benefit Plan shall cease not later than the Distribution Date.

Appears in 1 contract

Samples: Employee Benefits Allocation Agreement (Wr Grace & Co/De)

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