Benefit Continuation for Continuing Employees. To the extent permitted (following commercially reasonable efforts of Buyer, if necessary) under the terms of any insurance policy forming a part of any plan, (i) the Buyer shall waive or cause to be waived, to the extent waived under the Seller’s Benefit Plans, all limitations as to preexisting conditions exclusions and waiting periods with respect to participation and coverage requirements applicable to each Continuing Employee under any employee benefit plans, programs and policies of the Buyer or of its Affiliates in which the employee becomes a participant (the “Benefit Plans of the Buyer”) that are welfare benefit plans in which such employees may be eligible to participate after the Closing Date; and (ii) the Buyer shall provide (or cause to be provided) each Continuing Employee with credit for any co-payments and deductibles paid during the plan year commencing immediately prior to the Closing Date in satisfying any applicable co-payments, deductible or other out-of-pocket requirements under any welfare plans in which such employees are eligible to participate after the Closing Date for the plan year that includes the Closing Date. The Seller’s Benefit Plans that are welfare benefit plans shall retain all liabilities for claims incurred prior to the Closing Date.
Benefit Continuation for Continuing Employees. Buyer shall waive or cause to be waived all limitations as to preexisting conditions or waiting periods with respect to participation and coverage requirements applicable to each Continuing Employee under any US-DOCS\137246414.29 employee benefit plans, programs and policies of Buyer or any Affiliate thereof in which Continuing Employees participate (or are eligible to participate) that are “welfare benefit plans” (as defined in Section 3(1) of ERISA) to the same extent that such conditions and waiting periods were satisfied or waived under the comparable Benefit Plan immediately prior to the Closing. In addition, Buyer will use commercially reasonable efforts to cause each Continuing Employee to be provided with credit for any co-payments and deductibles paid under any Benefit Plan during the plan year in which the Closing Date occurs for purposes of satisfying any applicable co-payments, deductibles or other out-of-pocket requirements under any such welfare benefit plans of Buyer or any Affiliate in which Continuing Employees participate (or are eligible to participate) on or after the Closing Date for such plan year, subject to the approval of the applicable insurance carrier and Seller or its Affiliate timely providing the information necessary for Buyer to comply with the foregoing.
Benefit Continuation for Continuing Employees. The Buyer shall waive or cause to be waived all limitations as to preexisting conditions exclusions and waiting periods with respect to participation and coverage requirements applicable to each Continuing Employee under any employee benefit plans, programs and policies of the Buyer in which the employee becomes a participant (the "Benefit Plans of the Buyer") that are welfare benefit plans in which such employees may be eligible to participate after the Closing Date. In addition, the Buyer shall provide each Continuing Employee with credit for any co-payments and deductibles paid during the plan year commencing immediately prior to the Closing Date in satisfying any applicable co-payments, deductible or other out-of-pocket requirements under any welfare plans in which such employees are eligible to participate after the Closing Date for the plan year immediately following the Closing Date. Notwithstanding the foregoing, any waivers of exclusions or waiting periods and any crediting of co-payments and deductibles pursuant to this Section 7.9(c) shall be subject to and contingent on the approval of the Buyer's insurers, which the Buyer shall use commercially reasonable efforts to obtain, to the extent such approval is necessary.
Benefit Continuation for Continuing Employees. Buyer shall use commercially reasonable efforts to waive or cause to be waived all limitations as to preexisting conditions, exclusions and waiting periods with respect to participation and coverage requirements applicable to each Continuing Employee under any employee benefit plans, programs and policies of the Buyer in which Continuing Employees participate (or are eligible to participate) that are comparable “welfare benefit plans” (as defined in Section 3(1) of Employee Retirement Income Security Act of 1974, as amended). In addition, Buyer shall use commercially reasonable efforts to provide each Continuing Employee with credit for any co-payments and deductibles paid under Seller’s comparable welfare benefit plan(s) during the plan year commencing immediately prior to the Closing Date in satisfying any applicable co-payments, deductible or other out-of-pocket requirements under any such welfare benefit plans for the plan year in which the Closing Date occurs.
Benefit Continuation for Continuing Employees. Buyer shall waive or cause to be waived all limitations as to preexisting conditions or waiting periods with respect to participation and coverage requirements applicable to each Continuing Employee under any employee benefit plans, programs and policies of Buyer in which Continuing Employees participate (or are eligible to participate) that are “welfare benefit plans” (as defined in Section 3(1) of ERISA). Buyer shall, or shall cause, each Continuing Employee to be reimbursed for (i) any deductibles actually paid by such Continuing Employees during the period commencing January 1, 2012 and ending immediately prior to the Closing Date up to the maximum deductible that will be applicable under the Buyer plan for such Continuing Employee, provided that each Continuing Employee provides Buyer with proof of payment of such deductibles in a form acceptable to Buyer prior to Buyer making such reimbursements, and (ii) the excess, if any, of (A) the amount each Continuing Employee contributed to his or her flexible spending reimbursement account under a cafeteria plan qualified under Section 125 over (B) the amount applied to pay approved medical expenses from that flexible spending reimbursement account during the period beginning on January 1, 2012 and ending on the Closing Date.
Benefit Continuation for Continuing Employees. Buyer shall waive or cause to be waived all limitations as to preexisting conditions or waiting periods with respect to participation and coverage requirements applicable to each Continuing Employee under any employee benefit plans, programs and policies of Buyer or any Affiliate thereof in which Continuing Employees participate (or are eligible to participate) that are “welfare benefit plans” (as defined in Section 3(1) of ERISA) to the same extent that such conditions and waiting periods were satisfied or waived under the comparable Seller Benefit Plan immediately prior to the Closing. In addition, Buyer shall provide or cause to be provided each Continuing Employee with credit for any copayments and deductibles paid during the plan year commencing immediately prior to the Closing Date in satisfying any applicable copayments, deductibles or other out-of-pocket requirements under any such welfare benefit plans for such plan year, subject to the provision by Seller or Seller’s insurance carrier to Buyer of valid evidence of such amounts in the format requested by Buyer.
